Advertising Issues

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Throughout this election season, we’ve been following the battle over lowest unit rates – the requirement that, during the 45 days before a primary and the 60 days before a general election, political candidates be sold advertising time at the lowest rate given to any commercial advertiser for the same class of broadcast advertising time airing during the same program or daypart.  Candidates even get the benefit of volume discounts without having to buy in volume.  During this election season, there have been many legal battles over a Public Notice from the FCC’s Media Bureau that had the effect of extending these lowest unit charges to political parties and joint fundraising committees when those committees’ ads are authorized by a federal candidate.  While a group of Democratic candidates challenged that ruling, these challenges effectively ended for this political cycle when the Supreme Court decided that the FCC Commissioners needed time to review the decision of the Media Bureau before any court could consider the merits of the Public Notice, effectively putting the issue on hold for the foreseeable future – or so we thought. 

The issue of lowest unit rates refuses to die.  The push to get LUC extended to parties and joint fundraising committees when their ads are authorized by a candidate was led by the Republican party. The perception is that Democratic candidates’ own campaign committees raise substantially more money than do the committees of Republican candidates, so those Democratic candidates get a greater advantage from their money that buys advertising spots at LUC, as these candidates can potentially buy more spots at lower rates than Republican non-candidate groups that may be opposing their election.  Not content with their initial victory in defending the extension of LUC to parties and joint fundraising committees (where Republican groups  tend to raise more money) for their authorized ads, the Republican National Committee, along with the Texas Republican Party and four Republican candidates, last week filed suit against the FCC in US District Court in Texas arguing that the FCC’s application of the lowest unit rate rules is unconstitutional, as those rules discriminate between different types of political speakers by forcing stations to give their lowest advertising rates only to candidates, and allowing stations to charge more to parties (and, though not stated in the complaint, other political advertising buyers like PACs).  The RNC argues that it is unconstitutional for the government to favor certain classes of political speakers over others who may be delivering messages on the same issues. 

Continue Reading Is the Requirement that Broadcasters Give Lowest Unit Rates to Political Candidates Unconstitutional?  The Republican Party Files a Lawsuit to Find Out
  • The Republican National Committee, along with the Texas Republican Party and four Republican candidates, filed suit against the FCC in
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With much of everyone’s focus on the outcome of the November 3 midterm elections, broadcasters cannot forget the regulatory dates and deadlines in November and early December.  While the dates and deadlines in November tend to be lighter than in other months, many routine deadlines do fall in early December, and even the upcoming month does have dates worthy of note to all broadcasters—including the nationwide test of the Emergency Alert System (EAS), which is scheduled for November 17.  For more on the nationwide EAS test and broadcasters’ accompanying filing obligations in the FCC’s EAS Test Reporting System (ETRS), as well as other dates and deadlines occurring next month and in early December, here is our look at what is coming your way.

Daylight Savings Time ends on November 1.  The change in the clocks means that AM daytime-only stations, AM stations with different daytime and nighttime patterns, and AM stations operating with pre-sunrise and/or post-sunset authority should check their sign-on and sign-off times on their current FCC authorizations to ensure continued compliance with the FCC’s technical rules.  AM stations need to note that all times listed in FCC licenses are stated in standard time, not daylight savings time even if it is in effect.

The noncommercial educational (NCE) reserved band (88.1-91.9 MHz) FM translator filing window will open at 12:01 a.m. ET on November 4 and will close at 6:00 p.m. EST on November 17.  To have an application considered by the FCC, by November 17, applicants must have complete applications in the FCC’s electronic filing system providing all the information necessary to establish the applicant’s claims for points to be used in the FCC’s “points system” to choose between mutually exclusive applicants (applicants who, for technical reasons, cannot both be granted without destructive interference).  For more on the points system, see our articles here and here.  Applicants are limited to 10 applications nationwide, except that LPFM operators are only allowed to file for 2 translators (4 if they are a Tribal group).  See our articles here, here, here, and here for more on the NCE FM translator filing window. As we noted here and here, the FCC implemented a filing freeze on all reserved and non-reserved band LPFM, FM translator, and FM booster station minor modification applications to freeze the FM database to facilitate the preparation of applications for the new translators in the reserved band.  The freeze began on October 2 and will end at 6:00 p.m. ET on November 17. 

Continue Reading November 2026 Regulatory Dates for Broadcasters – Nationwide EAS Test and ETRS Reporting, NCE FM Translator Filing Window, Daylight Savings Time, and more

The question of whether ads from political parties and joint fundraising committees, when authorized by federal candidates, receive Lowest Unit Charge (LUC) from broadcasters and local cable systems has been a contentious one since early in this election year.  We wrote about the FCC Media Bureau’s March Public Notice “reminding” broadcasters that these ads were…

October is another busy month of regulatory dates and deadlines for broadcasters.  Unlike previous years, there is no threat of a federal government shutdown on its October 1 start of the new fiscal year, so the dates and deadlines discussed below should not move on broadcasters.  As we detail below, all stations will need to observe EAS reporting requirements for the filing of ETRS Form One in anticipation of the upcoming Nationwide EAS Test, and all full-power stations need to remember the Quarterly Issues Programs list filing deadline.  While there always can be an October surprise, we take a look below at these and other significant dates and deadlines in the coming month. 

October 1 is the deadline for radio and television station employment units in Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, Missouri, Northern Mariana Islands, Oregon, Puerto Rico, the U.S. Virgin Islands, and Washington with five or more full-time employees to upload their Annual EEO Public File Report to their stations’ Online Public Inspection Files (OPIFs).  A station employment unit is a station or cluster of commonly controlled stations serving the same general geographic area having at least one common employee.  For employment units with five or more full-time employees, the annual report covers hiring and employment outreach activities for the prior year.  A link to the uploaded report must also be included on the home page of each station’s website, if the station has a website.  Be timely getting these reports into your station’s OPIF, as even a single late report has in the past led to significant FCC fines (see our article here about a $26,000 fine for a single late EEO report).

The filing of the Annual EEO Public File Reports triggers the Mid-Term EEO Review beginning October 1 for TV station employment units with five or more employees in Alaska, American Samoa, Guam, Hawaii, Northern Mariana Islands, Oregon, and Washington.  The Mid-Term EEO Review that analyzes the last two Annual EEO Public File Reports for compliance with the FCC’s EEO requirements.  See our articles here and here on stations’ Mid-Term EEO Review reporting requirements.

Continue Reading October 2026 Regulatory Dates for Broadcasters – Quarterly Issues/Programs Lists; EAS Test Form One; Annual EEO Public File Reports; EEO Audit Responses; Filing Freeze on FM Translators; and more

On September 4, as we noted in our weekly update of regulatory activity of importance to broadcasters, the Supreme Court seemingly decided that Lowest Unit Rates for this year’s elections would be governed by the Media Bureau’s March Public Notice – the Public Notice announcing that ads from political parties and joint fundraising committees, when approved by a federal candidate, would get those rates. The Supreme Court stayed a decision of the 4th Circuit Court of Appeals that had found that ads from these groups did not get LUR, interpreting the law to say that those rates only applied to candidates themselves, not to other groups even if authorized by the candidate (see our article here about the 4th Circuit decision).  As the Supreme Court decision was released on September 4, the first day of the LUR period for the November elections, many assumed that we heard the end of this dispute until the Supreme Court gets around to resolving the substantive issues, a decision unlikely to occur until sometime next year.  But we were wrong, as there was a new flurry of activity this past week. Let’s look at the Supreme Court’s decision and the activity it triggered last week. 

The Supreme Court’s decision never addressed the substance of the issue of whether ads from political parties and joint fundraising committees, when authorized by federal candidates, should get LUC.  Instead, the decision stayed the 4th Circuit decision because the 4th Circuit had ruled on the issue before the full Commission had the opportunity to address challenges to the Media Bureau decision.  As other courts have held that the Commission must first rule on a Bureau decision before a judicial appeal can be brought, the Supreme Court found that the 4th Circuit decision departed from the reasoning of those of other courts.  That procedural conflict as to whether the controversy was ripe for court review had to first be resolved before the substance of the matter could be addressed.  The Supreme Court decision thus stayed the effectiveness of the 4th Circuit decision until the Supreme Court can resolve this conflict.  That resolution would determine whether the 4th Circuit had the power to review the substantive issues about LUC without the Commission having first ruled on challenges to the Media Bureau’s Public Notice.

Continue Reading More Action on Issues About Lowest Unit Rates for Political Parties and Joint Fundraising Committees After Supreme Court Decision – Where Do These Actions Leave the Broadcaster?
  • The FCC’s Public Safety and Homeland Security Bureau announced that the FCC, in coordination with FEMA, will conduct a nationwide
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