The FCC has opened a formal public comment period regarding its March order that mandates broadcasters offer the lowest unit rates for political advertising. This action follows a Fourth Circuit Court of Appeals ruling that criticized the agency for failing to establish a sufficient factual record before issuing the guidance.
The opening of this docket signals a potential retreat or refinement of the FCC's attempt to broaden political discount eligibility. For broadcasters and streaming services with linear components, the outcome will dictate the pricing floor for political inventory during critical election cycles. This legal friction highlights the tension between agency guidance and formal rulemaking, as the Fourth Circuit's intervention forces the FCC to build a more defensible administrative record. The expedited timeline suggests the agency is rushing to resolve the ambiguity before the peak of the next campaign season. Watch for the September 30 reply comments to see if broadcast trade groups challenge the inclusion of coordinated expenditures in the lowest unit rate calculation.
The FCC has opened a formal public comment period regarding its March order on political advertising rates for broadcasters. This action follows a Fourth Circuit Court of Appeals ruling that criticized the agency for lacking a factual record. The outcome will impact pricing floors for political inventory during critical election cycles.
Public comments are due by September 25, with reply comments required by September 30.
The court criticized the FCC for failing to establish a factual record before mandating the lowest unit rates for political advertising.
The application for review was filed by Sherrod Brown, Jon Ossoff, Roy Cooper, and Kristen McDonald Rivet.
Litigants argue that the Media Bureau improperly expanded discounted rate eligibility to include authorized committees and coordinated expenditures.
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