The Federal Communications Commission overturned a longstanding cap on the public reach of a single broadcast television corporation on Aug. 6, 2026, potentially allowing further consolidation of an already narrowed marketplace of ideas. The cap was set by Congress at 39 percent in 2004 amid concerns over market concentration.
Reactions to the FCC order were mixed. The National Association of Broadcasters said:
“The FCC’s decision to eliminate the outdated national television ownership cap marks a generational step toward strengthening local stations and ensuring they can compete in today’s media marketplace. We applaud Chairman Carr and the Commission for recognizing that rules adopted decades ago should not constrain local broadcasters’ ability to invest in journalism, innovation and service to their communities. Today the FCC helped level the playing field and strengthen local stations’ ability to deliver the trusted news and emergency information millions of Americans rely on.”
It was “a big win to media companies aligned with President Donald Trump and the Republican Party,” said CNN. The longstanding cap on market reach was designed to limit the consolidation of broadcast television, according to the Guardian.
The decision will probably be challenged in court with the argument that only Congress has the authority to change this area of the law. The “scarcity rationale” for regulations over the structure (not the content) of broadcasting has been seen as undermined by new technologies. This is discussed in Section 12 of Media Law & Ethics online.
