Brendan Carr Ignores The Law, Rubber Stamps More Right Wing Media Consolidation, Then Lies About It
Right wing broadcasters are having a very good time under Brendan Carr, who has looked to destroy all remaining media consolidation limits to let them merge. Such companies, like Sinclair, Nexstar, and Tegna, don’t do journalism so much as they do soggy, right wing propaganda and infotainment, usually with endless fear mongering about drugs, homelessness, and crime rates.
They’re just one part of the right wing’s effort to remake the entirety of media into a massive safe space for dim autocrats.
Carr’s latest effort: he rubber stamped Nexstar Media Group’s $6.2 billion purchase of Tegna behind closed doors. Carr let the merged companies ignore our remaining media consolidation limits, which prevent one company from being the primary broadcast news voice for more than 39 percent of households (the new combined company reaches 54.5 percent).
Nexstar (a very Republican friendly company that also owns The Hill), not that long ago fired a journalist whose reporting angered Trump. Combined with Tegna, the two companies will own 221 Big Four broadcast stations, or more than half of the U.S. stations affiliated with FOX, NBC, ABC, or CBS.
Carr’s been on a campaign to ensure these right-wing loyal companies have more power in their dealings with their national counterparts (remember how they helped Carr censor Jimmy Kimmel?). The efforts come as local Americans increasingly live in “local news deserts” where quality local journalism simply no longer exists.
Anna Gomez, the lone Democrat left at the FCC (Republicans refuse to fill the other seat), didn’t have nice things to say about Carr’s decision to ignore the public interest protections without a transparent, public vote (indicating Carr very clearly knew this would be very unpopular):
As always, Carr’s order approving the merger leverages all manner of pseudo-legalistic sounding bullshit to justify ignoring Congress and the law. And he parrots a bunch of completely empty promises by Nexstar that they’ll ramp up the production of more “local news”:
“We note that Nexstar has made significant commitments in the agency’s record as well,
further ensuring that this transaction promotes the public interest. To further serve its local communities, Nexstar commits to expanding its investment in local news and programming, including increasing the amount of local news it provides in acquired markets.”
Except again, by “news” we mean right wing propaganda. And Brendan Carr never meaningfully holds corporate power accountable for anything, unless it involves a comedian making fun of the president or companies not being suitably racist enough for the president’s liking.
Eight states have already filed a lawsuit challenging the legality of the decision. The lawsuits understandably focus heavily on the competition impacts, and the likely higher cable TV prices that will result for most of you:
“By consolidating with a major competitor, Nexstar would likely acquire the power to charge MVPDs higher retransmission consent fees for Big 4 station content. In turn, those MVPDs would likely pass on the increased retransmission consent fees, in large measure, to their subscribers in the form of substantially higher cable and satellite bills.”
California regulators attempted to slow the process down by proposing a standard timing agreement with Nexstar, where the company would suspend its acquisition of Tegna until the state completed its investigation.
But something of particular note: on pages 16-17 of the states’ amended complaint, it becomes clear that Nexstar completely ignored the State AGs for 8 days, then ignored their lawsuit for another 18 hours, and then told the state AGs “The relief sought in your Complaint is no longer available.”
In other words, what passes for some of the only real antitrust enforcement we have (a scattered coalition of states) have to fight both consolidated corporate power and the authoritarian, corrupt government simultaneously to make any inroads in the public interest.
“This is completely unprecedented,” Free Press (the consumer group, not the Bari Weiss troll farm) Research Director S. Derek Turner told me via email. “Nexstar and the Trump DOJ and FCC seem to have acted in concert to deprive the citizens of of these 8 states their rights to have our AG enforce the antitrust laws on our behalf.”
If Carr succeeds here, I suspect it won’t be long before you see Sinclair and this new combined company merge. Carr is also fielding requests by the big four national broadcasters to eliminate restrictions preventing them from merging as well (one of many reasons they’ve been so feckless). After that, you’ll likely see more consolidation across telecom, tech, and media.
It is, just in case we’ve forgotten, the complete opposite of the “antitrust reform populism” Trump, and a long line of useful idiots, promised last election season.
While this is certainly an act of some desperation (less than 20% of all U.S. TV viewing is now broadcast), claiming this doesn’t matter because this is “just local broadcasting” and the “future is the internet” (something I see often) is a violent misread of the dire stakes of the situation. This aggressive, Trump-loyal consolidation hasn’t, and isn’t, just being confined to broadcast television (see: Twitter, TikTok).
This is, to be clear, a coordinated and illegal authoritarian/corporatist effort to ignore the public interest and the law to expand right wing propaganda’s power over an already clearly befuddled and broadly misinformed electorate. Right wingers will continue to engage in this quest to dominate the entirety of U.S. media (following in the steps of Victor Orban in Hungary) until they run into something other than the political and policy equivalent of soft pudding.