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The Federal Communications Commission’s (FCC or Commission) Media Bureau (Bureau) is seeking public comment on an Application for Review filed by Democratic congressional candidates Sherrod Brown, Sen. Jon Ossoff, Roy Cooper, and Rep. Kristen McDonald Rivet challenging the Bureau’s March 30, 2026, Public Notice (March Public Notice) regarding the lowest unit charge (LUC) requirements for political ads.
Comments on the Application for Review are due on September 25, 2026, and Reply Comments are due on September 30, 2026.
The request for comment is the latest event in an ongoing saga that saw a panel of the U.S. Court of Appeals for the Fourth Circuit set aside the March Public Notice, only for the U.S. Supreme Court to stay the Fourth Circuit’s mandate and reinstate the FCC’s guidance on procedural grounds (finding that the Fourth Circuit likely lacked jurisdiction while the Application for Review remained pending).
Last week, the four candidates behind the Application for Review petitioned the Fourth Circuit to issue a Writ of Mandamus compelling the FCC to act on their Application for Review. The FCC’s response to the petition is due on September 15, 2026 – the same day the Bureau issued its public notice seeking comment on the Application.
Wiley is continuing to follow the proceedings before the FCC and the courts regarding LUC. If you have questions about how to apply LUC or other political broadcasting matters, please contact one of the attorneys listed on this alert or the Wiley attorney who routinely handles your FCC matters.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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