Key facts
- A federal appeals court blocked a Trump administration FCC order on political ad pricing.
- The order would have allowed political parties and joint fundraising committees to receive the lowest advertising rates.
- US law, according to the court, reserves the lowest unit charge (LUC) for legally qualified candidates only.
- The ruling was a 2-1 decision by the US Court of Appeals for the 4th Circuit.
- The decision was challenged by four Democratic candidates, including Sherrod Brown and Jon Ossoff.
A federal appeals court has blocked a Trump administration decision that would have allowed political parties and joint fundraising committees to access the lowest advertising rates on broadcast television. The US Court of Appeals for the 4th Circuit ruled 2-1 that US law, specifically the lowest unit charge (LUC) provision, applies only to legally qualified candidates, not to parties or committees with non-candidate members.
The Federal Communications Commission (FCC) had issued a public notice asserting that parties and authorized committees designated by candidates could receive these discounted rates. This decision was challenged by four Democratic candidates, who argued that the LUC rule is intended solely for individual candidates. The court agreed, stating that the statutory text is unambiguous and does not support the FCC's expansion of the LUC requirement.
The ruling, written by Judge Robert King and joined by Judge James Wynn, with a dissent from Judge J. Harvie Wilkinson III, set aside the FCC's decision which was slated to take effect on September 4, just before the election period when broadcasters must offer these rates. The candidates' legal team, Elias Law Group, hailed the decision as a significant blow to Republican efforts to secure cheaper advertising for their campaigns.
FCC Commissioner Anna Gomez, the sole Democrat on the commission, had previously criticized the FCC's decision, warning it would unleash "dark money" and disadvantage broadcasters by forcing a "fire sale" of valuable advertising inventory. The court also noted the FCC's inaction on the candidates' petition for over three months, characterizing its proposed summary dismissal as a "constructive denial" that allowed for judicial review.