Key Points
- A federal appeals court has rejected emergency requests to delay an FCC decision on discounted political advertising rates.
- The Fourth Circuit issued two separate 2-1 orders denying requests from the FCC and Republican congressional committees.
- Four Democratic candidates argue federal law reserves the discounted rates for candidates rather than political committees.
A federal appeals court has rejected emergency requests from the Federal Communications Commission (FCC) and two Republican congressional committees to delay a decision on discounted political advertising rates, leaving the agency facing a Friday deadline to resolve a dispute with implications for broadcasters and political advertisers.
The U.S. Court of Appeals for the Fourth Circuit issued two separate 2-1 orders this week denying requests to suspend its directive requiring the FCC to act by 12 p.m. Eastern Time today, according to Inside Radio, which was first to report the news on Thursday.
The dispute concerns whether political parties and certain fundraising committees qualify for the lowest unit charge, a federally mandated advertising discount that broadcasters must provide to eligible political advertisers during specified periods before elections. Under existing FCC guidance, qualifying party-coordinated advertisements and authorized joint fundraising committees can receive the discounted rates.
Four Democratic candidates have challenged that interpretation, arguing that federal law reserves the discounts for candidates rather than extending them to political committees.
In August, the Fourth Circuit overturned the FCC Media Bureau’s guidance. The Supreme Court subsequently stayed that ruling, finding that the appeals court likely lacked jurisdiction because the full Commission had not ruled on the candidates’ Application for Review.
The candidates then asked the Fourth Circuit to compel the FCC to issue a final decision, which could allow the underlying dispute to return to federal court.
On Wednesday, the appeals court ordered the FCC to resolve the matter within 48 hours. The majority criticized the agency’s handling of the proceeding, accusing it of delaying action to prevent judicial review before the November elections.
“Its gamesmanship must end,” the judges wrote in the order.
The FCC responded with an emergency motion arguing that the deadline would interfere with its administrative review. The agency said it was still collecting comments on the Democratic candidates’ appeal and had opened a separate comment period concerning a challenge filed by the Television Bureau of Advertising (TVB).
The FCC argued that the court’s order “abruptly cuts off the agency’s orderly process” and would require a decision before the Commission received all requested information.
The National Republican Congressional Committee (NRCC) and National Republican Senatorial Committee (NRSC) filed a separate emergency request, warning that another round of litigation could disrupt political advertising arrangements during the final weeks of the election campaign.
The committees argued that the Supreme Court had already recognized the potential consequences of last-minute changes when it stayed the Fourth Circuit’s earlier decision. They warned that further litigation could “sow confusion and uncertainty among candidates, committees, and broadcasters.”
The Republican committees have indicated they may seek additional emergency relief from the Supreme Court.
Initial comments in both proceedings are due next Monday, after the deadline imposed by the appeals court.
