The National Taxpayers Union has filed comments with the FCC arguing that the concept of spectrum scarcity is no longer a valid justification for discretionary broadcast content regulation. The group contends that the proliferation of streaming and digital platforms provides sufficient market competition to render legacy broadcast-only oversight obsolete.
The shift in audience behavior toward digital platforms undermines the legal foundation for treating broadcasters as a unique class of media subject to content restrictions. If the FCC accepts that spectrum is no longer the primary gatekeeper for information, it could trigger a significant deregulation of local television stations, allowing them to compete more effectively for advertising dollars against tech giants. This move aligns with broader industry efforts to modernize media ownership rules for the digital age. Watch for the FCC's response to MB Docket No. 26-253 to see if the Commission will formally acknowledge that streaming competition has neutralized the scarcity doctrine.
The National Taxpayers Union is urging the FCC to end spectrum scarcity-based content regulation, arguing that streaming's rise has rendered legacy oversight obsolete. With streaming capturing 44.4% of ad-supported viewing compared to broadcast's 28.6%, the group contends that digital competition undermines the legal justification for unique content restrictions on broadcasters.
The NTU argues that the rise of digital platforms and streaming has made the scarcity doctrine obsolete, as spectrum is no longer the primary gatekeeper for information.
Nielsen data from Q2 2026 indicates that streaming accounts for 44.4% of ad-supported TV viewing, while traditional broadcast television holds a 28.6% share.
The NTU proposes excluding candidate advertising protections under Section 315(b) and removing foreign-sponsorship disclosure requirements for broadcasters.
According to Pew Research Center, 56% of U.S. adults frequently access news via digital devices, whereas only 32% rely on television.
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