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Nexstar asks FCC to reject stay of national TV ownership cap repeal

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mkeys@thedesk.net

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Nexstar Media Group is urging the Federal Communications Commission (FCC) to reject another request to suspend its decision eliminating the national television ownership cap, arguing that opponents have failed to demonstrate sufficient harm to justify delaying the policy while federal courts review its legality.

In a filing submitted to the FCC, Nexstar opposed a petition filed October 9 by a coalition of public interest organizations, labor unions and media advocacy groups seeking to halt implementation of the agency’s decision to replace the 39 percent national television ownership limit with a case-by-case review of broadcast station transactions.

The petitioners include the United Church of Christ Media Justice Ministry, Public Knowledge, The NewsGuild-Communications Workers of America, NABET-CWA Local 51, Future Film Coalition, Free Press, Reporters Without Borders and the Writers Guild of America West and East.

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Their request followed a similar petition submitted October 2 by the Broadband Communications Association of Pennsylvania and a coalition of cable television operators. Both petitions seek to suspend the FCC’s decision while its legal authority to eliminate the ownership restriction is reviewed in federal court.

Kathleen Kirby, an attorney with Wiley Law representing Nexstar, argued that the latest petition largely repeats arguments made by the cable industry groups.

“To the extent these Petitioners say anything here that has not been said before, their claims are unpersuasive and fall far short of meeting the high standard required for a stay,” Kirby wrote.

FCC ownership cap: Nexstar ex parte filing
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Nexstar contends the petitioners have not established that the FCC’s decision would cause immediate, irreparable harm, a requirement for obtaining a stay.

The company also disputes claims that removing the ownership cap would undermine competition, diversity and localism, which have historically guided federal broadcast ownership regulations.

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“The record shows that consolidation will benefit television broadcasters and the public interest, not harm them,” Kirby argued.

The FCC’s decision replaces the national ownership limit, which generally prohibited a single broadcaster from reaching more than 39 percent of U.S. television households, with an approach that evaluates proposed acquisitions individually.

Supporters of the change, including Nexstar and the National Association of Broadcasters, argue that existing ownership restrictions place television broadcasters at a competitive disadvantage against large technology companies and digital advertising platforms.

Opponents, including FCC Commissioner Anna M. Gomez, have warned that eliminating the limit could accelerate consolidation and reduce the number of independently owned television stations.

Nexstar maintains that those concerns are speculative because any future acquisitions would remain subject to FCC review.

“The possibility of future injuries from future transactions does not require immediate equitable relief,” Kirby wrote.

The company also rejected arguments that individual transaction reviews would fail to protect competition, diversity and localism, saying those considerations remain part of the FCC’s public interest evaluation.

The dispute comes as Nexstar, already the country’s largest television station owner, continues operating TEGNA as a separate business under a hold-separate arrangement. The FCC has not resolved the latest requests for a stay, and the legal challenge to its ownership policy remains pending.

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About the Author:

Matthew Keys

Matthew Keys is the award-winning founder and editor of TheDesk.net, an authoritative voice on broadcast and streaming TV, media and tech. With over ten years of experience, he's a recognized expert in broadcast, streaming, and digital media, with work featured in publications such as StreamTV Insider and Digital Content Next, and past roles at Thomson Reuters and Disney-ABC Television Group.