Gomez Blasts FCC Vote to End TV Ownership Cap

RADIO ONLINE | Friday, August 7, 2026 | 2:08pm CT

FCC Commissioner Anna Gomez

FCC Commissioner Anna Gomez is criticizing the Commission's vote to eliminate the 39% national television audience ownership cap, arguing that the agency lacks the legal authority to make the change without congressional action.

The FCC voted during its August Open Meeting to eliminate the restriction, which limits the national audience reach of a television station group to 39% of U.S. television households.

"The FCC's decision to eliminate the 39 percent national audience reach cap is unlawful on its face," Gomez said. "Congress set this cap in federal law, and only Congress can change it."

Gomez pointed to former FCC Commissioner Mike O'Rielly, former House Majority Leader Tom DeLay and Senate Commerce Committee Chairman Ted Cruz as Republicans who have questioned whether the Commission has authority to alter or eliminate the cap without action by Congress.

Gomez also disputed arguments that removing the restriction would strengthen local broadcasters as they compete with large technology and media companies. She contended that further consolidation would instead give large station groups greater control over local outlets and programming.

"Trading a squeeze from Big Tech for a squeeze from Big Media does nothing to protect the communities this cap was designed to serve," she said.

Gomez also cited the proposed Nexstar-TEGNA transaction and consolidation in the newspaper industry as warnings about the potential effects of additional broadcast consolidation. She argued that increased ownership concentration does not necessarily address the underlying economic challenges facing traditional media.

The Commissioner concluded that preserving independent local journalism, emergency information and free over-the-air programming should remain central to the FCC's approach to broadcast ownership.

"Eliminating a statutory cap without addressing these interconnected issues is not strategy, it is improvisation," Gomez said, adding that the move could accelerate the problems the Commission should be working to prevent.