A coalition that includes Newsmax, DirecTV, the Communications Workers of America, and several state cable and broadband associations asked the Federal Communications Commission on Friday to immediately halt its approval of Nexstar Media Group's acquisition of Tegna, arguing the agency unlawfully cleared a deal that would create an unprecedented broadcast giant.
In an emergency petition for stay and injunction pending appeal filed March 20, the groups said the FCC's Media Bureau exceeded its authority when it approved the $6.2 billion transaction a day earlier and allowed the merger to close immediately.
The petitioners include Newsmax Media Inc.; DirecTV; Public Knowledge; Free Press; United Church of Christ Media Justice Ministry; and cable associations in Pennsylvania, Washington, Indiana, Mississippi, Tennessee, and Virginia.
The filing describes the combination as one that would leave "New Nexstar" controlling "265 full-power stations," spread across "132 media markets," and reaching "over 80 percent of U.S. households."
It argues that the merger will give Nexstar greater leverage to demand "ever-higher fees" from pay-TV distributors, leading to "higher prices for millions of MVPD subscribers," while also causing harm through "imminent cuts to journalists and other workers" and reduced "competition and viewpoint diversity in news these stations produce."
At the center of the challenge is the national television ownership cap.
Petitioners argue the FCC has no legal power to waive the 39% audience-reach limit because Congress fixed that threshold in federal law through Section 629 of the 2004 Consolidated Appropriations Act.
The filing says Congress made "express and repeated references" to the "39 percent national audience reach limitation," barred the FCC's forbearance authority from applying to entities above that level, and removed the cap from the agency's periodic ownership-rule review.
"The Commission 'has no authority to waive' requirements mandated by statute, unless Congress expressly gives the Commission that authority," the petition says, citing court precedent. It adds that "it is hard to imagine a statutory term less ambiguous than precise numerical thresholds."
The petition also says the FCC's Media Bureau could not decide such a sweeping issue on delegated authority.
Under FCC rules, the bureau cannot resolve "novel questions of law, fact or policy that cannot be resolved under existing precedents and guidelines," the filing says.
Because the FCC has "never waived the Cap" before, petitioners say the matter should have been referred to the full commission.
The challengers further contend the bureau unlawfully waived the local television duopoly rule by allowing Nexstar to own more than one major full-power TV station in numerous markets without making the particularized showings normally required for a waiver.
The filing says Nexstar and Tegna sought and received a "near-wholesale waiver of the Duopoly Rule in 21 markets across the country," even though FCC precedent requires applicants to show why "deviation better serves the public interest" in each specific market.
The petition also faults the FCC for not designating the transaction for a hearing.
Under the Communications Act, the commission must do so if "a substantial and material question of fact is presented" or if it cannot determine the deal serves the public interest.
Petitioners say the record raised serious issues about retransmission-consent fee hikes, consumer price increases, job cuts, local news consolidation, and viewpoint diversity.
For background, Nexstar and Tegna filed their transfer application in November 2025, acknowledging the combined company would reach roughly 80% of American households and own three or more full-power stations in 23 markets not already covered by waivers.
They argued the relevant ownership rules were "in a state of flux" and sought waivers where needed.
The Media Bureau approved the deal on Thursday, and Nexstar, in a highly unusual move, announced the merger closed the same day. Critics contend the quick closing was done in hopes of foreclosing key legal actions by opponents of the merger.
Petitioners are asking the FCC to stay the order and block integration steps while the full commission reviews the matter.
If the agency does not act by 3 p.m. on Saturday, they say they will seek emergency relief from the U.S. Court of Appeals for the D.C. Circuit.
In blunt language, the filing says the bureau's order "plainly violates the 2004 CAA" and is "arbitrary and capricious," setting up a fast-moving legal fight over one of the biggest media mergers in years.
Newsmax, CPAC, the National Religious Broadcasters, ZOA, and others have argued that the FCC should not tamper with the 39% cap set by Congress.
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