The U.S. Supreme Court on Wednesday stayed a Fourth Circuit order that had given the Federal Communications Commission 48 hours to finish a review of campaign ad rate rules. The unsigned opinion in FCC v. Brown keeps the agency’s deliberation on track ahead of the November midterms.
The dispute centers on the lowest unit charge, the discounted broadcast rate stations must offer in the weeks before elections. A March 30 Media Bureau public notice said candidates, some joint fundraising committees and political parties in coordinated activity can claim that rate. Four congressional candidates challenged the notice, arguing the statute covers only candidates.
What the Court held
In September the Court stayed a Fourth Circuit decision that had set the notice aside, saying the Communications Act requires the Commission to finish an application for review before parties can go to federal court. On Oct. 7 the same appeals panel ordered the FCC to decide the candidates’ pending application by Oct. 9. The Commission sought a stay; the Court administratively paused the deadline on Oct. 8, then granted the stay on Oct. 14.
The per curiam opinion called the mandamus writ inappropriate. The statute requires the FCC to act on applications but does not set a fixed deadline, the Court said, and the panel’s 48-hour order came while the agency’s process was still open. Justices Sotomayor and Jackson would have denied the stay applications. A related stay bid from the National Republican Congressional Committee was denied as moot.
Why it matters for 2026 ads
While the stay is in place, the Media Bureau’s reading of who may buy time at the lowest unit charge remains the operative guidance for broadcasters. The Washington Times and the Washington Examiner both reported the ruling Wednesday. The stay lasts through a timely certiorari petition; if review is denied it ends automatically, and if review is granted it lasts until the Court’s judgment issues.
The underlying fight over whether parties and joint committees share the candidate discount is not finally decided. That question returns to the FCC’s own review, then to the courts if parties seek further review after a Commission order.
