FCC to Vote on Replacing National Broadcast Ownership Cap
New Rules Would Adopt a Case-by-Case Review That Only Authorizes Deals That Satisfy Agency’s Public Interest Review Standard
   
WASHINGTON, July 15, 2026—Today, Chairman Brendan Carr published an op-ed in Breitbart announcing that the FCC will vote on August 6 on an Order that repeals the FCC’s 39% national television multiple ownership rule.  Specifically, the FCC will vote to replace the national cap with a granular, case-by-case review.  This will empower the FCC to approve deals that promote the public interest while allowing the agency to reject any deals that do not meet that standard.  This action will foster a competitive media market, enhance localism, and promote investment in trusted sources of news and information.

Additional Background Information:

Today, the Commission exercises its authority to modify the FCC rule for the first time in over 20 years—aligning it with current market realities.  In its current formulation, the national cap generally has operated as a blanket prohibition on transactions that would result in the merged entity achieving a national audience reach greater than 39% of television households.  As applied, the rule generally has presumed that it would not be in the public interest to allow a particular deal in excess of this bright line limit.  

Shifting from a relatively inflexible, ex ante regulation to an individualized, case-by-case assessment will help ensure that the Commission carries out its statutory mandates in an appropriate manner without having to show special circumstances that would justify a waiver of a rule that no longer serves the public interest.

Strict ownership limits on local broadcasters that prevent them from competing with other players in the modern marketplace are not in the public interest.  While competitors are free to reach 100% of their relevant market segments, this FCC rule has generally limited broadcasters to competing for just 39% of theirs. 

Under a case-by-case approach, the Commission’s interests in localism, viewpoint diversity, and competition (to the extent they are implicated in a case) can be fully analyzed and vindicated in the context of a specific transaction.  There may be transactions that would have exceeded the limits of the 39% national cap that do not promote the public interest and those will be denied.  On the other hand, there may be transactions that would have exceeded the cap that do promote the public interest and could gain Commission approval.  

Under these proposed new rules, any transaction that would have been barred under a strict application of the current rule will be subject to the Commission’s regular review process to determine whether approval would serve the public interest.  In addition, the proposed rules demonstrate that this action is within the Commission’s statutory authority to repeal the rule, as multiple agency Chairs—both Republican and Democrat alike—have consistently stated.  While Congress has at times directed the Commission to change our rules, it has never withdrawn our authority under the Communications Act to regulate or change ownership limits.  

The draft Order will be made available to the public tomorrow on FCC.gov: https://www.fcc.gov/August2026. 


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