Democrats Accuse FCC of Delaying Decision on Expanded L-U-R

Four Democratic candidates accuse the FCC of deliberately delaying a decision on political advertising rates so its expanded lowest unit rate policy—covering certain party-coordinated ads and joint fundraising committees—stays in place through Election Day. In a Supreme Court filing, they call the delay “blatant procedural trench warfare” meant to block judicial review before November, and they highlight a contradiction: the government previously told the justices that broadcasters need not offer discounted rates for party spending, yet the FCC’s March guidance requires those rates for qualifying party-coordinated expenditures.

The Supreme Court is considering emergency requests from the FCC and Republican congressional committees to block a Fourth Circuit order forcing the agency to act within 48 hours. The candidates argue the FCC has already shown how it plans to rule but is withholding a formal decision to keep the policy insulated from review until after the election.

The FCC rejects the accusations and defends the delay as reasonable, saying the Fourth Circuit overstepped and that its guidance reflects a longstanding approach. Changing the rules now, it argues, would create uncertainty for broadcasters and advertisers. Republican committees similarly warn that another shift could disrupt existing ad contracts in the campaign’s final weeks. With the election less than a month away and the Supreme Court having previously kept the expanded rates in place after a lower-court setback, the justices must now decide whether the policy continues until the FCC finishes its review.