As FCC considers loosening media ownership rules, one commissioner points to Jimmy Kimmel suspension as cause for concern

The Federal Communications Commission is in the middle of reviewing a cap preventing entities from owning broadcast TV stations that reach more than 39% of the national TV audience, as well as reviewing other existing media ownership rules and limits. But first, at the FCC’s September meeting, at least one of its commissioners wanted to talk about Jimmy Kimmel.

During the meeting, Commissioner Anna M. Gomez, a Democrat, called out FCC Chair Brendan Carr’s comments about ABC and its late-night talk show, Jimmy Kimmel Live, which was briefly suspended by Disney after the host made remarks about conservative activist Charlie Kirk’s alleged killer in an on-air monologue. She also seemed to reference an incident from last month when President Trump, who appointed Carr, in a heated exchange with ABC News correspondent Jonathan Karl, suggested that the Department of Justice might “go after” Karl.

“First, an ABC reporter was told that his coverage amounted to hate speech and he should be prosecuted simply for doing his job. Then, this FCC threatened to go after the same network, seizing on a late-night comedian’s comments as a pretext to punish speech it disliked,” Gomez said during the meeting, referencing Carr’s apparent threats to ABC affiliates that their licenses could be at risk if they carried Kimmel’s show. “That led to a new low of corporate capitulation that put the foundation of the First Amendment in danger. This was no simple business decision. It was an act of clear government intimidation.” In a press conference held after the meeting, Carr pushed back, saying, “There was no threat made or suggested that if Jimmy Kimmel didn’t get fired, that someone was going to lose their license,” The Guardian reported. (Carr has agreed to appear in front of the Senate Commerce Committee to talk about the Kimmel situation, though no date has been set, Semafor reported last week.)

Gomez mentioned these incidents during the meeting as part of a broader commentary about the potential that increased consolidation could lead to fewer viewpoints being represented and could give government agencies like the FCC more power to exert control over protected speech across networks.

This meeting centered on discussing rules including the Local Television rule, which prohibits one company from owning more than two stations in a market, and the Dual Network rule, which restricts mergers between two of any of the four major broadcast networks (ABC, NBC, Fox, and CBS).

While Gomez warned about the “danger of allowing vast and unfettered media consolidation,” Commissioner Olivia Trusty, a Republican, and Carr, who has disparaged media ownership limits in the past, argued that reviewing (and potentially lifting) limits on ownership would be an appropriate response to a changed media landscape.

At the end of the meeting, the FCC ultimately voted to move forward with seeking public comment on media ownership limits.

Actions, consequences

Gomez acknowledged that one argument for removing the ownership limits is that local broadcasters might benefit financially from consolidation under entities with more resources as advertisers move to streaming and online platforms. However, she added, this “unfettered” consolidation could lead to a severe reduction in the diversity of viewpoints available to consumers, she said, as “corporate behemoths” could impose their viewpoints on consumers. Nexstar and Sinclair, which own a combined 70 local ABC affiliates, preempted Jimmy Kimmel Live for about a week in September before reversing course, while Sinclair has come under fire for requiring its stations to air “must-run” segments produced by the company. Nexstar is seeking approval of its proposed merger with Tegna, a move that would require the FCC to loosen media ownership limits.

Gomez stressed the value of the public-private partnership traditionally preserved in the broadcast ecosystem, which she said incentivizes broadcasters to serve their communities under FCC rules that prioritize diverse perspectives.

“A consumer wrote to me about the fact that four of the five stations in Eugene, Oregon, that broadcast local news are owned by a single entity,” Gomez said. “She raised concerns that the commonly owned stations all share the same crew, reporters, on-air personnel, and stories for the local news programming. This means that although there are five stations with local news programs on air each day, there are really only two choices.”

The show must go on

During the meeting, Trusty and Carr sang a different tune in their comments on the potential ownership limit reversal. Trusty argued a review is needed in order to support broadcasters competing for viewers and ad dollars. She also mentioned a July ruling from the US Court of Appeals for the Eighth Circuit, which struck down a previous FCC order that held that one entity can’t operate more than one of the top four TV stations in a given market in terms of audience share.

Carr made a similar argument during the meeting, stating that the limits should be reviewed to align with current market conditions and take into account the impact of streaming on the broadcast landscape. He said that the appeals court’s decision is motivating the FCC’s decision to move forward with the review so that reviews happen more consistently in the future, which he said should be every four years.

“I’ve emphasized the importance of what I call the ‘Gretzky test,’ keeping our eye on where the proverbial puck is going, not where it has been,” he said. “Nowhere is that more important than with our media regulations. As we kick off this quadrennial review, the FCC must do so with an eye to the future.”