In Dissent, Gómez Again Calls TV Ownership Rule Deletion ‘Unlawful’

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It was hardly a surprise that the lone Democrat to cast a vote on the FCC would vote against the Commission’s decision to eliminate the 39% national audience reach cap for TV. She’s said it is “unlawful” in past statements, and she did so again in a formal dissenting statement condemning her Republican colleagues from making “a profound departure” from both statutory boundaries and longstanding broadcast policy.


As Anna M. Gómez sees it, “Congress set this cap in federal law, and only Congress can change it. I cannot support an action that so plainly exceeds the Commission’s authority while simultaneously overlooking the real-world consequences for the public we serve.”

In a lengthy commentary, Gómez noted how “today’s action” — one released on October 1 but decided on back on August 6 — “undermines our core public interest principles of localism, viewpoint diversity, and competition while failing to consider or address the interconnected rules, market realities, and economic pressures that define today’s media ecosystem.”

And while Gómez addresses the economic pressures broadcast television faces today, just as Republican Olivia Trusty did in her statement supporting the 39% cap erasure, Gómez believes “eliminating the national audience reach cap would accelerate these pressures precisely when communities need strong, independent local journalism and robust emergency communications the most.”

For Gómez, the cap has long served as a guardrail preserving localism, viewpoint diversity, and competition. “Removing it now, without regard for the public policy consequences, risks undermining the very features of broadcasting that distinguish it from nationalized, centralized digital media systems,” Gómez stated.” At a time when shared civic experiences are increasingly rare, weakening an institution that still produces them is not just unwise policy; it is a step in the wrong direction for our country.”