Cable lobby to sue Trump FCC over repeal of national TV ownership cap

Cable lobby groups are moving to challenge the Trump-era FCC’s repeal of the national TV ownership cap, filing a petition with the commission and announcing plans to sue in federal appeals court.

State and regional cable industry groups representing providers in Colorado, Florida, Indiana, Michigan, Minnesota, Mississippi, Pennsylvania, Virginia, Washington and the six New England states filed the petition on Friday, Ars Technica reported. The groups represent large and small cable operators, including Comcast, Charter and Cox.

The petition asks the FCC to keep the ownership cap in place until litigation over the agency’s authority to repeal it is over — described as mainly a procedural step, since the commission is unlikely to stay its own order. The groups also told the FCC they intend to sue it in a US appeals court once the repeal order is published in the Federal Register, and could then ask the court for a preliminary injunction to keep the cap in place.

The FCC voted on 6 August to eliminate the National Television Ownership Rule and finally published the repeal order on 1 October after an unusually long delay. The rule bars any single broadcast owner from reaching more than 39% of US TV households.

The cable groups argue the 39% cap was set by Congress in the 2004 Consolidated Appropriations Act, in direct response to the FCC’s attempt to raise it to 45%, making it statutory law the commission cannot modify. The FCC counters that the law directed it to modify its own rules and that it can repeal the cap outside its quadrennial review.

Free Press general counsel Matt Wood said changing the limit requires congressional action. The fight follows the FCC’s waiver of the cap to approve Nexstar’s purchase of Tegna — a deal reaching 80% of TV households — which DirecTV and state attorneys general are also challenging in court.