During the period that this case made it to trial, Congress passed the 2004 Consolidated Appropriations Act, which modified the Telecommunications Act of 1996, to change the national audience reach limit for television stations to 39%. Therefore, the challenge to the FCC's decision of raising the national limit from 35% to 45% became moot. UHF discount was a part of this argument, however, in the court's opinion it was considered in Congress' action, though not explicit, and not for the court to question.