FCC Votes to Repeal the National Television Ownership Cap and Replace It With Case-by-Case Review; Gomez Dissents (Adopted August 6, Text Released October 1)

The FCC voted on August 6, 2026 (adoption date) to repeal its national television multiple ownership rule and replace it with a granular, case-by-case review. Chairman Carr and Commissioner Trusty approved; Commissioner Gomez dissented. The Report and Order was released October 1, 2026 (release date). Its final rule removes and reserves paragraph (e) of the multiple ownership section of the Commission’s rules.

Stated rationale. The press release cites “a growing imbalance of power in the network-affiliate relationship,” which it says the national cap intended but failed to curb. The order says transactions that would have exceeded the 39% national cap and do not promote the public interest “will be denied”; whether any will be is untested.

Effective date. The order is effective sixty days after publication in the Federal Register. A search of the Federal Register for this entry did not find the order published, so no effective date has begun to run. That is a statement about the search, not about FCC filings.

Dissent. Gomez writes that the decision “is unlawful on its face” and that “Congress set this cap in federal law, and only Congress can change it.” The majority’s position, set out in the order, is that the Commission retains authority to change a cap it created by rule. That statutory question is where a court challenge would turn.

Sequence. The Media Bureau waived the cap for Nexstar-TEGNA before this vote; see 2026-03-19–fcc-media-bureau-da-26-267-approves-nexstar-tegna-waives-39-percent-cap-deal-closes-same-day. The court order holding TEGNA separate is in 2026-04-17–ed-cal-preliminary-injunction-orders-nexstar-hold-tegna-separate.