Showdown Looms In FCC Political Ad Rate Fight.

A Friday deadline is now at the center of the political advertising rate fight, with four Democratic candidates making a final push for a federal appeals court to force the Federal Communications Commission to decide their challenge to its expanded lowest unit charge policy by today (Sept. 18).

Sherrod Brown, Jon Ossoff, Roy Cooper and Kristen McDonald Rivet are asking the Fourth Circuit to reject the FCC’s argument that it needs more time — including a newly opened public-comment period that runs through Sept. 30 — before the full Commission rules.

The Democrats characterize that comment process as a delay tactic, calling it a “farce” and accusing the FCC of using it as a “fig leaf” for postponing a decision that could clear the way for another court challenge before Election Day.

The filing comes after the FCC told the Fourth Circuit earlier this week that forcing it to issue a decision by today would impose an unprecedented timetable. The Commission says it needs to consider comments from broadcasters and other interested parties before issuing a final order.

But the Democrats argue the FCC never said it needed those comments during the nearly five months their challenge has been pending. They point out that the Commission previously defended the Media Bureau’s lowest unit rate guidance in court without seeking public input. FCC Chair Brendan Carr also circulated a proposed order addressing their challenge in August, while the Media Bureau separately rejected a related challenge from the Television Bureau of Advertising without first opening a comment period.

The Democrats say that changed only after the Supreme Court stepped into the case. “It is only now, having obtained a Supreme Court stay that heads off the risk of pre-election judicial review in the absence of a final Commission order, that the Commission is suddenly back to insisting that it needs more time,” their filing says.

At issue is the Media Bureau’s March guidance telling broadcasters that lowest unit rates extend to certain candidate-party coordinated advertising and authorized committees engaged in joint fundraising with federal candidates. The four Democrats challenged that interpretation, arguing federal law reserves the guaranteed discount for candidates and their campaigns — not to all authorized campaign committees.

The Fourth Circuit agreed with them in August and struck down the FCC guidance. But the Supreme Court put that decision on hold earlier this month, concluding the appeals court likely lacked authority to decide the case because the candidates had gone to court before the full FCC ruled on their challenge. The Supreme Court didn’t decide whether the FCC’s interpretation of the political ad rates law was correct.

That sent the Democrats back to the Fourth Circuit with a different strategy. They are trying to force the FCC to make the decision the Supreme Court said must come first. Their latest filing argues that issuing such an order would therefore follow, rather than circumvent, the Supreme Court decision. By forcing the FCC into action, they could then seek the court review of the policy that has so far been blocked. But with Election Day now about six weeks away, the strategy may have a bigger impact on the 2028 election if a court process drags on.

The immediate question is now whether the Fourth Circuit will give the Democrats the deadline they are seeking — or allow the FCC’s new comment process to continue through Sept. 30.

For broadcasters, the Democrats’ latest move doesn’t affect the rules currently in place. The Supreme Court’s stay remains in effect, leaving the FCC’s expanded lowest unit rate guidance in place while the legal fight continues. In practical terms, it continues to require radio and TV broadcasters to sell discounted political ads to political party committees and joint fundraising groups.