A newly released legal analysis by two prominent appellate scholars concludes that the Federal Communications Commission does not have the authority to raise, eliminate, or waive the long-standing 39% national television ownership cap, arguing that only Congress has the power to alter the limit.
The study, “The FCC Lacks Statutory Authority to Revise the Telecommunications Act’s 39% National Ownership Cap for Television,” was published this week amid renewed debate at the FCC over whether the cap should be revisited.
The authors conclude that the Telecommunications Act of 1996, as amended in 2004, “unambiguously” fixes the cap at 39% and strips the FCC of any discretion to change it.
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