SCOTUS May Get Request To Rule On Lowest Unit Charge

National Democrats and Republicans are pressuring local broadcast stations in opposite directions after a federal appeals court this week struck down an FCC policy that would have given political parties and related groups the same discounted broadcast ad rates as individual candidates, Axios reported. 

How stations respond could determine which party’s money buys more airtime in the closing stretch of the 2026 midterms and, with it, the fight for Congress. 

The U.S. Court of Appeals for the 4th Circuit ruled 2-1 that the “lowest unit charge” required by federal law applies only to legally qualified candidates, not to party committees or joint fundraising committees that include non-candidate members. The court set aside a March FCC Media Bureau notice that would have extended those discounts beginning Sept. 4, the start of the 60-day pre-election window. 

Outside groups often pay several times what candidates pay for the same spots. The ruling favors Democrats’ typical fundraising pattern. Democratic candidates generally raise more directly; Republicans have been stronger at the party-committee and super PAC level. Combined with a June Supreme Court decision that lifted caps on coordinated party spending, Republicans had hoped to flood the airwaves at candidate rates. 

The 4th Circuit blocked that path unless the Supreme Court intervenes. 

Democratic media buyers Miles King of Amplify Media and Bradley Perseke of GMMB warned stations in a letter obtained by Axios that voluntarily giving outside groups the candidate discount “may raise campaign finance concerns” and “risks making an unlawful, unreported corporate in-kind contribution.” NRCC and NRSC lawyers Ryan Dollar and Blake Murphy told stations the Democratic letter “should be disregarded.” They argued the 4th Circuit held only that parties are not entitled to the rate, not that stations are forbidden from offering it voluntarily. They threatened FEC complaints over past discounted ads if stations adopt the Democrats’ view, said they will appeal to the Supreme Court, and vowed to seek remedies if the FCC rule is later restored. 

Four Democratic candidates — Sen. Jon Ossoff of Georgia, former Sen. Sherrod Brown of Ohio, former Gov. Roy Cooper of North Carolina and Rep. Kristen McDonald Rivet of Michigan — brought the case. The NRCC and NRSC intervened to defend the FCC. 

Judge Robert King, joined by Judge James Wynn, wrote that the statute is clear; Judge Harvie Wilkinson dissented. The 4th Circuit has already denied a Republican stay request, clearing the way for an emergency Supreme Court bid before Sept. 4. 

Stations now face a choice with tens of millions of dollars at stake: charge parties market rates and keep more revenue, or keep offering discounts and risk legal threats from one side or the other. AdImpact has projected about $5.6 billion in broadcast TV spending this cycle. The window for the cheapest candidate rates opens in days.