FCC scraps 39% national TV ownership cap

On August 6, 2026, the Federal Communications Commission voted to eliminate the national rule that limited any single broadcaster to reaching 39% of U.S. television households. The decision marks a major shift from a numerical cap that had governed national broadcast ownership since it was set in 2004.

The 39% threshold had been the primary federal limit on how large a national broadcast station group could become in terms of household reach. By ending that cap, the FCC opened the door for larger broadcast footprints, subject to a new review framework.

Instead of a fixed national ceiling, the FCC will now review proposed broadcast transactions that would have exceeded the former 39% cap on a case-by-case basis. The agency said this approach will allow it to approve or deny deals based on individual circumstances rather than an across‑the‑board limit.

Chair Brendan Carr described the change as a way to stop “hamstringing” broadcasters with what he called outdated restrictions. He argued that a more flexible standard will help local TV station owners adapt to economic pressures and changes in the media marketplace.

The decision passed on a party-line vote, with Chair Brendan Carr and Commissioner Olivia Trusty voting in favor and Commissioner Anna Gomez voting against. Gomez was the sole Democrat on the three‑member commission at the time of the vote.

Gomez argued that eliminating the national cap is unlawful without congressional action, describing the rule as a statutory limit that only Congress can change. She warned that the move would not relieve economic pressure on local broadcasters, but rather change which entities exert that pressure.

Critics of the repeal said it is likely to face court challenges. Opponents have maintained that the FCC lacks authority to remove what they view as a congressionally mandated audience cap and signaled plans to contest the decision in the judiciary.

By lifting the nationwide audience cap, the FCC has significantly altered the framework for assessing consolidation in local television. Large station groups now have a clearer path to pursue transactions that would push their national reach beyond the old 39% level, though each deal will be evaluated individually.

Supporters of the change contend that allowing greater scale could help local broadcasters sustain news and other programming amid broader industry disruption. Opponents remain concerned that the shift will increase market power among major station owners and reduce diversity in local media voices, setting the stage for a legal and policy fight over the new standard.