Fourth Circuit blocks FCC guidance on political ad rates

The U.S. Court of Appeals for the Fourth Circuit has blocked a Federal Communications Commission (FCC) guidance that would have allowed political parties and certain joint fundraising committees to access the lowest unit charge (LUC) for broadcast campaign advertising.

The ruling follows a challenge by four Democratic candidates and officeholders: Sherrod Brown, Jon Ossoff, Roy Cooper, and Kristen McDonald Rivet. The dispute centered on the FCC Media Bureau’s March 30 Public Notice, which interpreted federal rules to allow political parties and committees with non-candidate members to qualify for the lowest available rates during specific pre-election windows.

In a 2-1 decision, the court set aside the notice. Writing for the majority, Circuit Judge Robert Bruce King stated that the LUC requirement and campaign finance statutes are clear that neither political parties nor joint fundraising committees with non-candidate members are entitled to the discount. The ruling effectively puts the FCC's guidance, which was scheduled to take effect on September 4, on hold.