Federal court strikes down FCC move to expand cheap ad rates to political committees

A federal appeals court has blocked an FCC decision that would have required broadcasters to offer their lowest advertising rates to political parties and joint fundraising committees. The court ruled that only individual candidates are legally entitled to those rates under campaign finance law. The decision prevents the rule from taking effect before the upcoming election.

The 4th Circuit panel split along ideological lines, with Clinton and Obama appointees forming the majority and a Reagan appointee dissenting. The ruling vacated the FCC's March 30 public notice, which had been backed by the National Republican Congressional Committee and National Republican Senatorial Committee during litigation.

The case gained urgency after the Supreme Court's June decision in NRSC v. FEC removed longstanding limits on party committee spending coordinated with candidates. That ruling, combined with the now-blocked FCC notice, would have allowed parties to purchase broadcast time at candidate-level rates during the 60-day pre-election window beginning September 4.