Late this afternoon, the U.S. Supreme Court granted a stay of the Fourth Circuit’s decision setting aside the FCC Media Bureau’s guidance on entitlement to the lowest unit charge (“LUC”) for certain political ads placed on broadcast TV and radio. See our prior post about this issue here. Notably, the 60-day political window for the November midterms begins today, so broadcasters’ obligation to afford qualifying buys the LUC is now in effect.
As a result of today’s decision, the FCC Media Bureau’s guidance is back in effect. That guidance found that two types of broadcast political ads were entitled to the LUC: ads paid for as “party coordinated expenditures” (meaning ads paid for by a party in coordination with a federal candidate), and ads placed by joint fundraising committees involving a federal candidate.
Continue Reading Supreme Court Action Revives FCC Media Bureau’s Political Ad Guidance