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.

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Tom DeLay, the Texas Republican who was House majority leader from 2003 to 2005, said the Federal Communications Commission has no legal authority to repeal the National Television Ownership Rule. Despite DeLay's warning, the Trump FCC appears ready to eliminate the rule at its meeting this week.

DeLay wrote an op-ed describing how he helped write the law that prohibited any single broadcast station owner from reaching more than 39 percent of all TV households in the US. DeLay said that only Congress, not the Trump FCC, can change the cap because the 39 percent limit is specified in US law and wasn't chosen by the commission.

DeLay gave his view in an op-ed for The Daily Wire yesterday, less than three weeks after FCC Chairman Brendan Carr announced a plan to eliminate the cap. The FCC is scheduled to vote on Carr's proposal on Thursday.

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Conservatives and liberals lined up in opposition to the Federal Communications Commission's attempt to punish ABC for speech that President Trump dislikes.

Liberal advocacy groups urged FCC Chairman Brendan Carr to end his attacks on ABC, and conservative groups warned Carr not to set a precedent that would harm conservatives in future administrations. Former FCC chairs and commissioners from prior Republican and Democratic administrations also joined in opposition to what they call Carr's "campaign to censor disfavored speech and advance the president’s personal interest."

The FCC recently ordered ABC to file early license-renewal applications for the eight TV stations it owns and operates. A petition to deny ABC's license renewals was then submitted by the Center for American Rights, a conservative group whose previous petitions factored heavily into Carr's "news distortion" investigations into broadcasters accused of bias against Republicans and Trump. Another petition to deny was filed by the conservative Media Research Center.

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