While the FCC opens the door to deregulation for traditional broadcasters in the wake of unregulated digital competitors, Commissioner Nathan Simington has suggested a second, concurrent way to level the playing field: bringing streaming platforms under the same rules that govern cable and satellite providers.
In a new op-ed published in The Daily Caller, Simington and his Chief of Staff Gavin Wax argue that streaming services like Disney+, Amazon Prime Video, and Netflix are evading basic regulatory oversight, creating an unfair competitive environment for traditional broadcasters still bound by decades-old ownership caps and content rules.
“For nearly a century, the Federal Communications Commission has upheld its mandate to ensure competition, localism, and viewpoint diversity in American media,” they wrote. “But in the age of digital streaming, these once-visionary rules now work against their original purpose.”
Rather than the usual advocacy for deregulation, Simington and Wax propose a new regulatory parity. They say streaming platforms that deliver multiple linear video channels should be reclassified and treated like Multichannel Video Programming Distributors – a designation that would subject them to the same ownership limits, transparency mandates, and content obligations faced by cable, satellite, and broadcast providers.
Simington’s proposal builds on a 2014 effort by former FCC Chairman Tom Wheeler to extend regulatory oversight to streaming platforms.
“If a service provides multiple linear streams of video programming… then it should be treated like a cable company,” they wrote.
They also criticized legacy FCC policies like the 39% national ownership cap and the “Top Four” rule barring a single company from owning two of the four highest-rated local stations in a market. While originally intended to prevent monopolies, Simington and Wax argue those rules now penalize broadcasters while letting streaming companies consolidate unchecked.
The pair pointed to a recent FCC waiver permitting a single broadcaster to carry both CBS and NBC in Cheyenne-Scottsbluff, Neb., as a tacit acknowledgment that the current rules no longer align with market realities. “Regulating by exception procedures underscores a larger problem,” they wrote. “Zero utility exists in forcing broadcasters to jump through hoops that no longer reflect the realities of modern media consumption.”
Their final warning: without structural reform, local broadcasters will remain bound by limits their digital rivals don’t face—limits that could threaten the survival of independent media. “Modernizing FCC ownership rules and restoring balance in the digital media landscape is not just good policy; it is essential for the future of local news, competitive media markets, and the public’s access to diverse, trustworthy information.”
