WASHINGTON, D.C. — The Federal Communications Commission has released the full order eliminating the rule that generally prevented one company from owning television stations reaching more than 39% of U.S. television households.

The commission voted 2-1 on August 6 to repeal the National Television Multiple Ownership Rule. The order, released October 1, replaces the fixed national ceiling with what the agency calls a more detailed, case-by-case public-interest review of proposed transactions.

The change does not automatically approve any acquisition above 39%. A buyer must still seek Federal Communications Commission approval for broadcast-license transfers, and a transaction may also face antitrust review and court challenges. Local limits governing how many stations one company may control within an individual television market are separate from the national rule.

Supporters and opponents sharply disagree

Chairman Brendan Carr and Commissioner Olivia Trusty supported the repeal. They argue that station groups need greater scale to compete with national streaming, technology and advertising platforms and to attract investment for local broadcasting.

Commissioner Anna Gomez dissented. She contends that Congress established the 39% ceiling in federal law and that only Congress can change it. That is Gomez’s legal position; no final court ruling has resolved whether the commission exceeded its authority.

The practical result is a major shift in how national television-station combinations will be evaluated. Instead of asking whether a proposed group exceeds a predetermined percentage, the commission plans to decide whether each transaction serves the public interest.

Important questions remain unresolved: what evidence the commission will require from applicants, whether buyers will make enforceable commitments involving local news and employment, and how courts will treat pending or future challenges to the repeal.

Radio News Now question

When a television acquisition would give one owner national reach well beyond 39%, should approval require measurable commitments for newsroom staffing, locally produced programming, emergency coverage and capital investment?

Sources: Federal Communications Commission, Report and Order FCC 26-53; Commissioner Anna Gomez dissent.