Gray Media has submitted detailed comments to the Federal Communications Commission (FCC) advocating for the repeal of regulations deemed outdated and unconstitutional. These regulations, Gray argues, specifically target broadcasters while neglecting digital competitors. Their April 11, 2025, filing highlights the FCC's "systemic over-regulation" of local broadcast stations, a system originating in the 1930s when broadcasting was a novel technology. This framework, Gray contends, has failed to adapt to the evolving media landscape.
The filing references Commissioner Brendan Carr's assessment of the current situation as a "break glass moment for America’s broadcasters," who confront “unprecedented headwinds and competition, including from their largely unregulated Big Tech competitors.” Gray's filing emphasizes that while these regulations have historically hindered the industry, broadcasting remained a dominant source of news and information. The filing argues that the true cost of these regulations—reduced competitiveness and efficiency—was obscured by the dominance of mass media and the absence of micro-targeted competitors.
Gray targets three regulatory categories: structural ownership rules, programming mandates, and reporting requirements. The filing criticizes Section 73.3555 of the FCC's rules, arguing these lack statutory authority following the Supreme Court's Loper Bright decision. Gray states, “The Communications Act says nothing about structural ownership rules like the ones maintained by the Commission,” and that the Major Question Doctrine prevents the FCC from enacting economically significant rules without clear statutory backing. The company further argues that these rules harm local broadcasting by obstructing efficient combinations that could bolster local news.
Gray also challenges several programming mandates as unconstitutional, infringing on broadcasters' First Amendment rights. This includes children's programming requirements, issues/programs lists, foreign sponsorship identification rules, and Emergency Alert System regulations. Regarding children’s programming, Gray asserts they “clearly are inconsistent with modern Supreme Court jurisprudence regarding compelled speech.” Instead, Gray suggests a simple certification system to verify stations meet children's educational and informational needs. Concerning foreign sponsorship identification, Gray argues the rules are based on a false premise—that broadcasters and viewers are easily manipulated—and that “the record evidence was so thin.”
Gray concludes by urging swift FCC action, stating the current regulatory framework satisfies the conditions for repeal.