Questions about the Nexstar-Tegna deal were deflected by FCC media bureau officials at NAB.

This week, the $6.2 billion merger of Nexstar and Tegna, a game-changing deal aimed at reshaping the media business, was on the lips of many NAB Show attendees. But on Monday afternoon, a panel of three FCC officials asked for clarification on the commission’s review of the deal yielded few answers.

Despite both the FCC and the Department of Justice’s antitrust division approving the deal, and Nexstar declaring the transaction complete and making payments to Tegna and its shareholders, DirecTV’s antitrust lawsuit has rapidly gained attention. A federal judge issued a preliminary injunction last Friday blocking the deal. Nexstar has vowed to appeal the matter to the United States Court of Appeals for the Ninth Circuit.

During the NAB panel discussion, moderator Larry Wolk, deputy general counsel for the broadcast lobby group, asked a series of questions about the events of the past few weeks. He asked whether the FCC’s actions established a template for future mergers. He also questioned whether the FCC actually has the authority to change ownership limits and approve transactions under the changed rules. The cap is part of Congress’ law, and FCC Commissioner Anna Gomez and many others argue the agency shouldn’t be allowed to set it.

“This is an active litigation proceeding, and we’re not really going to comment on the substance of it,” responded David Brown, head of the FCC’s video division. “Okay, questions, but from the Secretariat’s perspective, I would like you to look at the Nexstar and Tegna merger order. We are discussing legal authority there. I think this accurately states the Secretariat’s position. I am not going to speak for the Chairman or what will ultimately come out.”

FCC Chairman Brendan Carr, an ardent supporter of Donald Trump who has repeatedly advocated for lifting the cap, did not attend this year’s NAB show. For decades, the conference has been a place where the heads of the FCC and Justice Department’s antitrust divisions share the stage with the heads of NAB for bipartisan debate on industry issues. Those conversations have been forgotten this year as Mr. Kerr’s rhetoric has heated up on a variety of issues, including federal equal time rules, broadcast license renewals and other topics.

Deputy Commissioner Evan Morris and Alexander Sangenis also followed Brown’s lead, repeatedly mentioning their inability to speak on Carr’s behalf. They weighed in on recent FCC investigations into the transition from sports broadcasting to streaming, ATSC 3.0, and other topics, and the tone of the conversation was convivial, reflecting Washington’s cozy regulatory world. Still, recent criticism voiced by Sen. Ted Cruz (R-Texas) and others at the FCC for having media outlets write approval orders for the Nexstar-Tegna deal rather than putting it up for a vote on the commission certainly seemed close after the hour-and-20-minute NAB session.

Before FCC officials took to the stage, Acting Assistant Attorney General Charlie Beller gave prepared remarks on the state of media regulation. He did not discuss the Nexstar-Tegna deal or any specifics, choosing to stay in the conceptual realm.

The Justice Department’s antitrust division was criticized by U.S. District Judge Troy Nunley in the DirecTV lawsuit for not being more proactive in raising what he deemed to be clear antitrust issues in the deal. The merger would create a station about twice as large as its predecessor, but decades-old rules effectively limit control of the station by a single owner to 39% of U.S. households. In the previous big local TV deal, when Nexstar acquired Tribune Media in 2019 during President Trump’s first term, the Justice Department intervened strongly, demanding that the company sell many of its stations.

Without specifically mentioning Nexstar Tegna, Beller articulated the Justice Department’s position on the broadcast sector, which is cited in the favorable opinion of the merger. “Broadcast companies are competing in a world with more distribution options than ever before,” he said. At the same time, he continued, “broadcasting is neither isolated from nor connected to competition.”