Brendan Carr’s FCC Rewrites Media Ownership Law Only Congress Can Actually Change

Key Points:

• The FCC, led by Chairman Brendan Carr, voted to eliminate the congressionally mandated 39% national audience reach cap on broadcast TV ownership, a limit set by Congress in 2004 to prevent excessive media concentration.
• This move has drawn bipartisan criticism, including from Republican lawmakers and former FCC officials who argue that only Congress has the authority to change this statutory cap, making the FCC’s action unlawful.
• Carr justified the decision by labeling the cap "outdated" and introduced a case-by-case approval process based on the "public interest," effectively giving the FCC unchecked discretion to approve mergers that exceed the previous limit.
• Critics, including the lone Democratic FCC commissioner Anna Gomez, accuse the FCC of ignoring statutory boundaries and failing to consider the real-world consequences of mergers, such as increased retransmission fees for consumers.
• The decision reflects a broader pattern where the executive branch under Trump disregards congressional authority, contrasting with Carr’s previous stances under the Biden administration where he emphasized the need for clear congressional authorization for FCC actions.