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D.C. Memo: Gomez Says FCC Can't Lift 39% Cap Standing in the Way of Nexstar-TEGNA Merger

"We don’t waive statutes," Gomez told reporters Thursday at FCC headquarters.

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Ted Hearn
Nov 21, 2025
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Gomez: At a press conference Thursday, Democratic FCC Commissioner Anna Gomez said she opposed changing a key TV station ownership rule to accommodate Nexstar Media Group’s quest to merge with TEGNA. “I don’t think the agency has the authority to lift or waive the statutory 39% cap,” she said. “The cap is in the statute. It does not give us the authority to waive. We don’t waive statutes.” The FCC started reviewing the 39% cap ahead of Nexstar-TEGNA merger filings Tuesday asking the FCC to waive the 39% cap if necessary. The merger would allow Nexstar to reach 54.5% of TV households nationally. At his own press conference, Carr said he hadn’t made a decision on the 39% cap, though in the past he has said he’s open minded about changing it in an effort to empower local TV stations relative to their Big Four broadcast network content suppliers and Big Tech ad/streaming giants. (More after paywall.)

Democratic FCC Commissioner Anna Gomez at a press conference Thursday.

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