Media Bureau Issues Political Ad Lowest Unit Charge Guidance

The FCC’s Media Bureau has issued a public notice with guidance on who is entitled to “lowest unit charge” rates for political ads.  The notice reminds broadcasters of when federal candidate campaign committees / parties are eligible for LUC rates and encourages stations to request documentation from advertisers if necessary.

Specifically, in addition to the candidates themselves and their campaigns, LUC requirements are also applicable to (1) authorized committees, including authorized committees that engage in joint fundraising with legally qualified candidates for federal office, and (2) advertisements that qualify as coordinated expenditures of political parties and legally qualified candidates for federal office.  For determining if a committee is authorized, the FCC relies upon the Federal Election Campaign Act’s “committee” definition as “the principal campaign committee or any other political committee authorized and designated by a candidate to receive contributions or make expenditures on behalf of such candidate.”

The purchase of advertising time by political parties as an independent expenditure is not entitled to LUC because those expenditures involve no coordination between the party and a candidate. But candidate-party coordinated advertisements are subject to the LUC provisions, provided that the ad otherwise complies with other applicable FCC rule requirements.

As a reminder, LUC rates apply during the 60 days prior to general or special elections and 45 days prior to a primary or runoff elections.  Outside of those windows, stations may charge regular advertising rates. Whether sold or airing during or outside of these windows, stations have public file disclosure obligations for the purchase and disposition of political ads.