FCC v. Brown: Supreme Court Weighs Whether Parties Get Candidates' Cheapest TV Ad Rates in the Final Weeks Before the Midterms

An emergency application now at the Supreme Court will decide how cheaply the political parties can buy television time in the last three weeks before the 3 November election.

The dispute is over a 30 March 2026 public notice from the Federal Communications Commission’s Media Bureau. It extended the “lowest unit charge,” the discount broadcasters must give candidates in the 45 days before a primary and the 60 days before a general election, to party committees and joint fundraising committees that run ads featuring a candidate. Democratic candidates including Senator Jon Ossoff, Sherrod Brown, Roy Cooper and Representative Kristen McDonald Rivet challenged it.

The procedural fight

The case has moved fast.

• In June a 2 to 1 panel of the Fourth Circuit agreed with the candidates.
• On 4 September the Supreme Court stayed that ruling, finding the appeals court likely lacked jurisdiction because the full Commission hadn’t ruled. Justice Jackson dissented.
• On 7 October the Fourth Circuit, on remand, ordered the FCC to decide by noon on 9 October.
• On 8 October the FCC and the Republican campaign committees asked the Supreme Court to step in. Chief Justice Roberts granted a temporary administrative stay the same day.
• On 10 October the candidates filed their opposition.

The cases are FCC v. Brown (26A476) and NRCC v. Brown (26A477). Solicitor General John Sauer called the Fourth Circuit’s order an “egregious intrusion” into the electoral process. The candidates say the FCC caused the delay itself by not ruling for months.

Why the rate matters

The lowest unit charge was written into the Communications Act in 1971 so candidates could reach voters at the price broadcasters give their best commercial customers. Party ads have usually paid market rates, which in competitive states in October can be several times higher. Extending the discount lets parties stretch their money further in the most expensive weeks of the campaign. Critics say it also hands parties a benefit Congress gave only to candidates.

The FCC under Chair Brendan Carr has also been in other election-season fights, including the repeal of the national TV ownership cap, which cable groups say they’ll challenge in court.

What to watch

A ruling from the Court could come any day. If it keeps the stay, the FCC’s notice stays in force through Election Day, and the legal question will be decided after the votes are counted.