On October 1, the US Federal Communications Commission (FCC) officially released an order repealing a longstanding limit on television broadcast ownership. Future Film Coalition (FFC) opposes this action, warning that it opens the door to more media consolidation, which means even fewer buyers of independently produced content, less bargaining or negotiating power for industry workers, and even fewer opportunities for diverse local programming to reach audiences. On October 9, FFC joined a coalition of unions and public-interest organizations in filing a motion to stay the repeal pending judicial review. The filing argues that only Congress has the authority to change or eliminate the cap and that the FCC’s decision is arbitrary and capricious.
The National Television Multiple Ownership Rule, sometimes referred to as the “nat cap” or 39% rule, ensured that no single broadcaster could reach more than 39% of US households. Congress, which adopted the rule, initially set the cap at 35% in the 1990s, then raised it to 39% in 2004. Under FCC Chairman Brendan Carr, the FCC voted on August 6 to scrap the rule and replace it with a “granular, case-by-case” review.
In public comments submitted to the FCC in 2025, Future Film Coalition, alongside the Documentary Producers Association, International Documentary Association, Archival Producers Alliance, and Gordon Quinn (Co-founder of Kartemquin Films), explained how media consolidation disadvantages small businesses and independent creators, weakens locally responsive programming, and limits the diversity of stories and perspectives available to audiences. These harms also undermine access to information, civic participation, and cultural representation, all essential to a healthy democracy.
The motion filed by Future Film Coalition and partners (UCC Media Justice Ministry, Public Knowledge, The NewsGuild-CWA, NABET-CWA Local 51, Free Press, Reporters Without Borders, Writers Guild of America West, and Writers Guild of America East), represented by Democracy Forward and longtime public-interest lawyer Gigi Sohn, argues that Congress directed the FCC to implement the cap but never granted the agency the “authority to modify or eliminate” it. The motion asks the Commission to preserve the rule while courts consider the legality of its repeal, before further consolidation causes harm that a later ruling cannot reverse.
“More media consolidation means fewer buyers, less bargaining power for industry workers, and fewer opportunities for local stories to reach audiences. It also puts irreplaceable local news archives and our shared cultural history at risk. Once independent decision-makers, business relationships, local programming, and historical records are lost or discarded, there’s no guarantee we can get these back. The FCC should not open the door to irreversible harm while the legality of its decision is still being challenged.”