An anonymous reader quotes a report from Ars Technica: The Federal Communications Commission voted 2-1 today to eliminate the National Television Ownership Rule, claiming authority to repeal a limit that was set by Congress over 20 years ago. The rule prohibits any single broadcast station owner from reaching more than 39 percent of all TV households in the US. Under Chairman Brendan Carr, the FCC is replacing the rule with a "case-by-case review" of each proposed merger. "This will empower the FCC to approve deals that promote the public interest while allowing the agency to reject any deals that do not meet that standard," Carr's office said in a press release today. Without the 39 percent rule, broadcasters will be better able to compete against streaming companies that don't face similar limits, Carr's office said. The change, if not stopped by courts, will make it easier for Carr to allow broadcast mergers that result in more favorable news coverage for President Trump. Carr has consistently threatened to revoke licenses from broadcasters who have drawn Trump's ire, including by ordering an early license review of all ABC-owned stations. Carr said local broadcast TV stations are becoming "undifferentiated passthroughs of national programming produced in Hollywood and New York," and he justified repealing the ownership rule by arguing it will help the stations invest in local news. "It's worth noting that Republicans with deep firsthand knowledge of this issue also agree the commission cannot do what it is attempting today," said Democratic FCC Commissioner Anna Gomez, who voted against the decision today. "Former FCC Commissioner Mike O'Rielly has been unequivocal that the FCC lacks authority to change the cap. Former House Majority Leader Tom DeLay, who negotiated the 39 percent compromise, has stressed that Congress intentionally wrote the cap into law to prevent FCC revision. And Senate Commerce Chair Ted Cruz has said he is 'skeptical a change can be made absent an act of Congress.' Their consensus reinforces a simple point: Congress set the cap, and only Congress can change it." Gomez, in addition to arguing that "Congress deliberately enshrined the cap in statute and removed it from the Commission's review process," said removing the cap will hurt local broadcasters. "Digital giants compete for their most valuable programming and advertising, while consolidation pressures at the national level threaten the local reporting and public-safety functions on which communities rely," Gomez said. "But eliminating the cap does not free local broadcasters from that strain. It just changes who is doing the squeezing. A handful of station-group giants does not represent the wishes of local broadcasters. They are large national companies that own local stations and increasingly dictate what airs on them without much local input. Trading a squeeze from Big Tech for a squeeze from Big Media does nothing to protect the communities this cap was designed to serve."

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