The WatchlistWatch 14
This is a Watchlist entry. It is a developing story reported by credible outlets that hasn't reached a court ruling, official finding or documented harm yet. It says what to watch for. If that happens, it moves to The Record.
Repealing the 39% national TV ownership cap
Developing means: Reported by credible outlets, but no ruling, official finding or documented harm yet.
On Aug. 6, 2026, the FCC voted 2 to 1 to repeal the rule that bars one company from owning broadcast stations reaching more than 39% of U.S. television households, replacing it with case-by-case review of each deal. The final order was released on Oct. 1.
What happened
The 39% figure has been in place since 2004, when Congress raised an earlier 35% limit. Critics, including the dissenting commissioner, Anna Gomez, say only Congress can change it, and supporters of the cap said they would challenge the repeal in court. Chairman Brendan Carr says the limit is outdated in an era of streaming and social media; critics note that case-by-case review also gives him more say over station deals. The change helps the largest station groups. Carr had already exempted Nexstar's $6.2 billion purchase of Tegna from the cap in March, and a federal judge has put that deal on hold over an antitrust suit by eight state attorneys general. CNN reported the vote as a win for broadcasters aligned with Trump. Under the order, a deal above 39% is weighed for benefits such as more local programming against harms such as higher retransmission fees and lost jobs.
What to watch for
Whether a court challenge is filed now that the order is published and how it comes out, and whether the FCC approves a deal that takes one owner past 39%.
The administration's side
The FCC's order says the commission has always retained the authority to modify the national cap, and that some deals above 39% could still be denied if they do not serve the public interest. Carr says the cap no longer constrains national programmers and that the change stops hamstringing local broadcasters with outdated restrictions. Commissioner Olivia Trusty says the media marketplace has changed dramatically since the rule was last updated.
Sources
Permanent link: https://unredactedrecord.com/e/w-tvcap/