Conservatives Split Over FCC’s Move to End 39% TV Ownership Cap

FCC Chairman Brendan Carr voted to scrap the 39% broadcast-ownership limit, igniting a dispute among conservatives between deregulation advocates and those wary of expanding agency authority.

The Federal Communications Commission, led by Chairman Brendan Carr, voted 2-1 on August 6 to eliminate the 39% national ownership ceiling for TV broadcasters, opting for a transaction-by-transaction assessment instead. Carr maintains the decades-old restriction no longer fits a media environment reshaped by cable, streaming services and digital platforms, and that removing it will keep local stations financially viable.

Law scholars and conservatives including Lawrence Spiwak argue the cap was written into law by Congress and cannot be waived by an agency, fearing it would set a precedent for unchecked regulatory power. Senate Commerce Committee Chairman Ted Cruz has repeatedly questioned the FCC’s authority, especially after the commission’s handling of Nexstar’s $3.54 billion purchase of Tegna, a deal that could eventually give one company access to about 80% of U.S. TV households.

The 39% limit itself originated from a 2004 bipartisan compromise after earlier Republican attempts to raise the cap, highlighting the long-standing tension between deregulation and congressional oversight. The issue gains urgency after the 2024 Supreme Court decision that narrowed agencies’ interpretive leeway, making the FCC’s unilateral move a focal point for broader debates about the administrative state’s future.