Court of Appeals Vacates FCC Media Bureau Order on Applicability of Lowest Unit Charge to Joint Fundraising Committees

Back in March, the FCC Media Bureau issued a public notice providing guidance to broadcasters that certain joint fundraising committees of political candidates and, in some cases, candidate-political party joint ads, were entitled to the lowest unit charge normally afforded only to candidates and their election committee.

Opponents challenged the Media Bureau notice and the US Court of Appeals for the 4^th Circuit last week vacated the guidance.  Proponents of the FCC’s guidance have now filed with the US Supreme Court for an emergency stay of the 4^th Circuit’s ruling.  Earlier last week, the Media Bureau considered and dismissed a petition for reconsideration on the same subject.

The lowest unit charge period for the November elections begins on September 4^th. If a stay is granted, the Media Bureau’s guidance will stand. If not, the more restrictive application of the lowest unit charge will govern. Pay close attention to the legal outcome so that your station is properly applying lowest unit charge rates.