Appeals Court: Political Parties and Joint Fundraising Committees Not Entitled to Lowest Unit Charge
The United States Court of Appeals for the Fourth Circuit rules by a 2-1 vote that while political candidates are entitled to the lowest unit charge (LUC) for broadcast ads airing within the specified time periods prior to primary and general elections, political parties and joint fundraising committees are not. This comes after four Democratic candidates for federal office filed suit challenging the 
FCC Media Bureau’s decision that those entities could benefit from the LUC. The plaintiffs argued that the Media Bureau’s public notice “unlawfully dilutes [their] and other candidates’ statutory right to buy advertising time at lowest unit charge by insisting that broadcasters make that same right available to political parties and joint fundraising committees in circumstances where their spending cannot, under campaign finance law, be considered spending by or on behalf of a candidate.” The Court ruled that “the LUC requirement and campaign finance statutes are clear that neither political parties nor joint fundraising committees with non-candidate members can be entitled to the LUC.”
ABC warned that the FCC’s scrutiny of “The View” could reach talk radio. Now the eight ABC-owned television station licensees have taken the agency to court. But the immediate lawsuit is not asking a judge to decide whether “The View” qualifies as news.
recent trends towards fragmentation facilitate or inhibit the ability of local broadcast television stations to meet their public interest obligations, including their production of local news and reporting? In what ways is the marketplace continuing to evolve and how will future changes impact consumer access to free over-the-air news and information, including public safety information?”
demonstrating that they have met their duty of inquiry in seeking to obtain the information needed to determine whether programming is sponsored, paid for, or furnished by a foreign governmental entity.” While this new sponsorship identification requirements for foreign government-provided programming was passed 3-2 by the Commission last summer, it has been challenged in the courts and remains there. Because of this, yesterday’s announcement of the publication of the rules in the federal register also adds that the implementation of the rules are being put off for six months until December 8, 2025. One of the arguments put forth by broadcasters opposed to the new rules is that they put radio and TV stations in the position of having to conduct an investigation in order to comply with the law.