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In a recent examination of broadcast media ownership regulations, the U.S. Senate Committee on Commerce, Science, and Transportation convened on February 10 in Washington to address the evolving landscape of media consumption in the digital age.
A central focus of the hearing was the Federal Communications Commission’s regulation that restricts any single broadcaster from reaching more than 39% of American television households nationwide. This long-standing rule aims to foster competition and diversity within the broadcast industry.
However, as more Americans turn to streaming services and social media for their video content, questions have arisen about the relevance of this cap. Unlike traditional broadcasters, digital platforms are not bound by the 39% constraint, prompting discussions on whether the existing regulations should be adapted to reflect the current media environment.
U.S. Senator Ted Cruz (R-Texas) highlighted the urgency of the matter, stating, “The media market is changing rapidly, leading many to wonder if broadcast media ownership rules should reflect this new reality. This hearing is an important opportunity to discuss whether existing rules are legally sound, antiquated, or need to be updated to promote competition and protect against corporate censorship against conservatives.”
“The media market is changing rapidly, leading many to wonder if broadcast media ownership rules should reflect this new reality,” said U.S. Sen. Ted Cruz (R-Texas). “This hearing is an important opportunity to discuss whether existing rules are legally sound, antiquated, or need to be updated to promote competition and protect against corporate censorship against conservatives.”
The committee reviewed contentions that the 39% cap can only be changed by Congress.
“As several major mergers loom, the FCC is considering lifting or eliminating this cap,” Cruz said.
Some of the witnesses pointed to disadvantages the regulations create for local TV broadcasters.
“In a digital media marketplace – dominated by Google, YouTube, Netflix, Amazon, Apple, Meta and TikTok – ownership restrictions that apply only to broadcasters are no longer rational or sustainable,” said Curtis LeGeyt, president and CEO, National Association of Broadcasters.
“Networks increasingly distribute programming through their own streaming platforms – none of which are subject to the FCC rules. Ironically, a rule originally intended to constrain the power of large networks now provides them with a competitive advantage over smaller, local stations,” said Thomas Johnson, partner and co-chair of Issues and Appeals, Wiley Rein LLP.
Sen. Maria Cantwell (D-Washington) argued against lifting the cap, worrying it will decrease competition and hurt diversity of local voices.
“If the Nexstar/TEGNA deal goes through, a single company will control 265 stations capable of reaching 80% of all the television households, more than double the current cap,” said Sen. Maria Cantwell (D-Washington). “And for nearly half of their audience, 100 million people, Nexstar will own two or more stations in a media market.”
“We need more independent media, we need more competition…not less,” said Christopher Ruddy, CEO and majority owner of Newsmax Media. “Local TV is critical in providing community news.”
There is a proposed acquisition of broadcaster TEGNA by fellow television operator Nexstar Media Group that would require that cap to be loosened or lifted.
The $6.2 billion acquisition was announced in August 2025 and remains under regulatory review.
On Feb. 7, President Donald Trump posted on Truth Social support for the acquisition, saying it would increase competition with television networks.
“Those that are opposed don’t fully understand how good the concept of this Deal is for them, but they will in the future,” Trump posted. “GET THAT DEAL DONE!”
When the deal was announced, Nexstar Chairman and CEO Perry A. Sook said in a news release, “The initiatives being pursued by the Trump administration offer local broadcasters the opportunity to expand reach, level the playing field and compete more effectively with Big Tech and legacy Big Media companies that have unchecked reach and vast financial resources.”
“Nexstar and TEGNA both share a rich heritage of commitment to journalistic excellence and technological advancements,” Mike Steib, TEGNA’s CEO, said in a release announcing the deal. “Together, we will expand news coverage to serve more communities, across more screens, and ultimately secure the future of local news for generations to come.”
TEGNA and Nexstar expect the acquisition to close in the second half of 2026, pending regulatory approvals.
TEGNA owns and operates this television station.