# Cable lobby to sue Trump FCC over TV ownership cap repeal

> Cable companies plan legal action against the FCC's decision to eliminate limits on how many broadcast stations one company can own.
- Title: Cable lobby to sue Trump FCC over TV ownership cap repeal
- Summary: Cable companies plan legal action against the FCC's decision to eliminate limits on how many broadcast stations one company can own. Cable lobby groups will…
- Keywords: fcc, national television ownership rule, broadcast tv, cable operators, comcast, charter, cox, brendan carr, retransmission fees, media consolidation, technology, science
- Source: Ars Technica — https://arstechnica.com/tech-policy/2026/10/cable-lobby-to-sue-trump-fcc-over-repeal-of-national-tv-ownership-cap
- Published: 2026-10-05T20:47:48+00:00
- Read time: 2 min
- Topics: fcc, national television ownership rule, broadcast tv, cable operators, comcast, charter, cox, brendan carr, retransmission fees, media consolidation, technology, science
## Cable groups plan FCC lawsuit
Cable lobby groups representing Comcast, Charter, Cox and other operators notified the FCC they will sue to block its repeal of the National Television Ownership Rule, which limits broadcast TV station ownership.
## Cable groups warn of higher bills
The cable lobby argues that larger broadcast TV station groups will gain leverage to demand higher retransmission fees from TV providers, resulting in higher monthly TV bills for consumers.
## FCC voted to repeal the rule
The FCC voted to eliminate the TV ownership rule on August six and published the repeal order on its website on October first after an unusually long delay.
## Carr backs case-by-case reviews
FCC Chairman Brendan Carr says replacing the strict ownership limit with case-by-case merger reviews will let the agency approve deals promoting the public interest while rejecting those that do not.
## Congress set the 39 percent cap
Congress directed the FCC to set the TV ownership cap at 39 percent in two thousand four. The rule prohibits any single broadcast station owner from reaching more than 39 percent of all TV households in the US.
## Cable groups cite Congress intent
The cable lobby petition says Congress established the 39 percent cap in the two thousand four Consolidated Appropriations Act in direct response to the FCC's attempt to aggressively raise the cap to 45 percent.

> Congress established the National Cap at 39 percent in the 2004 CAA [Consolidated Appropriations Act] in direct response to the FCC's attempt to aggressively raise the Cap to 45 percent and made repeated references to the 39 percent Cap in the statute.
## FCC claims authority to change rule
The FCC argues that although Congress chose the 39 percent limit, the law directed the FCC to modify its rules rather than enacting a fixed cap into law, giving the agency authority to repeal it.
## Free Press also plans to sue
Media advocacy group Free Press said it plans to join with allies to appeal the FCC decision in court, saying changing the limit requires congressional action, not FCC action alone.

> Changing this limit requires congressional action, but Carr doesn't care.
## Nexstar-Tegna deal shows harms
The Carr FCC waived the rule to approve Nexstar Media Group's purchase of Tegna, reaching 80 percent of TV households. A federal judge ordered them to stop integrating assets while an antitrust lawsuit by DirecTV proceeds.
## Judge found consumer harm risk
The federal judge found that the Nexstar-Tegna transaction would result in higher retransmission consent fees, causing harm to consumers, and issued a preliminary injunction keeping the companies separate.
## Cable groups seek court stay
Cable lobby groups submitted a petition asking the FCC to keep the TV ownership cap in place until litigation over the FCC's authority to repeal the rule is over, then plan to sue in US appeals court.
## Key takeaway

Cable lobby groups will sue the FCC to block its repeal of the National Television Ownership Rule, arguing it will lead to higher TV bills for consumers.