Court blocks Trump FCC order that could flood broadcast TV with more election ads

A federal appeals court yesterday blocked a Trump administration decision that could have resulted in even more political advertisements appearing on broadcast television during the upcoming elections. The Federal Communications Commission recently ordered broadcasters to offer the lowest advertising rates to political parties and joint fundraising committees. Four Democratic candidates challenged the decision in court, saying that only individual candidates are entitled under US law to receive what is called the “lowest unit charge,” or LUC. In a 2-1 vote, a judges’ panel at the US Court of Appeals for the 4th Circuit agreed with the candidates and set aside the FCC decision that was scheduled to take effect on September 4. That’s the start date of the 60-day period before the election in which broadcasters must offer the lowest ad rates to qualified candidates. “There is no question that candidates are entitled to the LUC,” the ruling said. “But it is disputed whether political parties and joint fundraising committees with non-candidate members can also be entitled to the LUC.” The FCC Media Bureau asserted in a March 30 public notice that parties and authorized committees designated by candidates can get the discounts. The National Republican Congressional Committee and National Republican Senatorial Committee supported the FCC’s position during the court case. “Major blow to Republicans” The judges’ panel said the FCC and Republican committees are wrong. The LUC rule “and campaign finance statutes are clear that neither political parties nor joint fundraising committees with non-candidate members can be entitled to the LUC. We therefore grant the Petition for Review, such that we set aside and hold for naught the Public Notice,” the ruling said.