FCC Weighs Comments in Latest Broadcast Ownership Review

WASHINGTON, Jan. 27, 2026 – As the Federal Communications Commission reviews reply comments in its latest quadrennial broadcast ownership proceeding, legal experts say this cycle stands out from past reviews.

Danielle Burt, a partner at Morgan, Lewis & Bockius, said the review is unfolding against the backdrop of multiple media ownership proceedings at the FCC, and the Eighth Circuit’s July decision in Zimmer Radio v. FCC, which ended the FCC’s long-standing “top-four” rule and affirmed Section 202(h) of the 1996 Telecom Act a deregulatory mandate.

Burt said the current review could present an opening for the FCC to reconsider its broadcast ownership rules more broadly.

“There's an opportunity to make changes that are seemingly going further than just around the edges,” she said in conversation with Broadband Breakfast.

Burt said the proceeding was also distinguished by attention paid to the dual network rule, which prohibits ownership combinations of any two of the top four broadcast networks – ABC, CBS, NBC, and Fox.

“That particular ownership review has really not been prominent in prior quad proceedings, and is seemingly more prominent this time around,” she said.

Burt said she expects the FCC to advance a proposal this year addressing its media ownership rules, as the administration may seek changes before the 2026 midterms.

FCC advancing multiple broadcast proceedings 

Every four years the FCC reviews its media ownership rules to assess whether local television and radio ownership limits remain “necessary in the public interest as the result of competition,” required by the 1996 Telecom Act.

The FCC’s forthcoming proposal will take up local television and radio ownership limits; and the dual network rule, preventing mergers between the top four broadcasters. 

This year’s review takes place alongside two other FCC broadcast proceedings: A proceeding assessing whether the 39 percent national television ownership cap remains appropriate, and a separate notice seeking comment on the regulatory and market dynamics between national networks and local affiliates.

The review is also shaped by the Eighth Circuit’s deregulatory mandate from Zimmer Radio v. FCC.

“If we determine that certain ownership rules are not necessary for competition, localism and diversity, we can get rid of those rules. We can modify them, but we can’t tighten them,” FCC Chief of Staff Scott Delacourt said in late September, as the FCC kicked off the proceeding.

Major broadcast mergers in play

The FCC’s review unfolds amid pending mergers in the broadcast industry.

In August, Nexstar Media Group announced a $6.2 billion deal to buy broadcast rival Tegna, which would create one of the largest local television groups in the U.S., with stations in roughly 132 of the country’s 210 designated market areas. The transaction is expected to require possible waivers or adjustments to FCC’s national television audience cap.

Meanwhile, Sinclair Broadcast Group has made a bid to acquire the E.W. Scripps Company, which owns more than 60 local stations. Sinclair currently owns, operates, or provides services to 185 TV stations in 85 markets, and has come under fire for having a conservative editorial perspective.

Broadcasters including Sinclair, Nexstar, and Tegna argue that these acquisitions would allow them to better compete with larger media and tech companies for viewers’ attention in an increasingly digital marketplace. Critics, however, warn that consolidation could lead to a homogenization of local news and a reduction in diverse voices.

“Since the Eighth Circuit’s Zimmer Radio decision vacated the Top-Four Prohibition and reopened the low-power television/multicast loophole, the largest broadcasters in the country are pursuing an unprecedented wave of consolidation,” regional broadband and cable trade associations recently told the FCC.

“Such consolidation, if allowed to go forward, will lead to a litany of well-established public interest harms to consumers, multichannel video programming distributors, small businesses, and local journalism,” the associations said.

Industry and affiliates weigh in

Comments and reply filings in the quadrennial review reflect a wide range of perspectives on broadcast ownership.

FOX described the dual network rule, barring mergers among ABC, CBS, NBC, and Fox, as “a relic of a video marketplace long since gone,” in its Jan. 16 filing, advocating for its repeal. 

None of the other Big Four networks filed comments during the initial or reply periods.

By contrast, affiliates representing more than 700 Big Four stations urged the FCC to retain the dual network rule; but called for easing the duopoly rule, which limits a single owner to no more than two stations in the same market, with conditions that one cannot be a top-four station.

Groups including the Broadband Communications Associations of Pennsylvania, Washington, and Florida urged the FCC to retain the duopoly rule and local television cap, and urged the FCC to reinstate protections similar to the “top-four” prohibition, which had been vacated by the Eighth Circuit’s Zimmer Radio decision

The National Association of Broadcasters pushed back. NAB said the FCC should “finally eliminate” all its local broadcast ownership rules, and urged the commission to reject any new regulations or expansions of existing ownership rules citing the Zimmer decision. 

The trade association represents major television broadcasters including Sinclair, Tegna, and E.W. Scripps, as well as radio groups such as iHeartMedia.

FCC authority under scrutiny 

The FCC’s ability to change broadcast ownership rules is not unlimited, particularly its national television ownership cap is codified in law.

Burt said any effort by the FCC to modify ownership rules would face close legal scrutiny.

“It's certainly fraught for legal challenges,” she said, noting that prior attempts have gone to the Third and Eighth Circuits, and that courts were now acting less deferential.

“There's a lot of discussion that has already happened, with respect to some of the congressional hearings that just occurred, suggesting that there are questions about the FCC’s ability to change some of the rules,” Burt said. “With Chevron discretion gone, the FCC would need to bolster any decisions to remove the ownership rules or loosen them.”

Burt cautioned that any change to a single media ownership rule would have repercussions for the other related FCC proceedings.