Former House Majority Leader Tom DeLay asserts that the Trump FCC lacks the authority to repeal the National Television Ownership Rule, which limits station owners to reaching no more than 39 percent of US TV households. DeLay, who helped craft the law establishing this cap, argues that only Congress, not the FCC, can alter this specific limit as it is codified in federal statute.

Despite DeLay's warning, FCC Chairman Brendan Carr has proposed eliminating the cap, scheduled for a vote this week. DeLay explained in an op-ed that the 39 percent limit was a legislative compromise he brokered with Senator Ted Stevens to pass a budget bill. He emphasized that the law explicitly prohibits the FCC from changing or repealing this cap during its reviews.

DeLay's stance is supported by former FCC Republican Commissioner Mike O'Rielly, who also stated the cap is a "statute, not a suggestion" and that altering it is Congress's prerogative. Carr's proposal to replace the cap with a case-by-case review is seen as a move to potentially benefit President Trump with more favorable news coverage.