Communications Act of 1934
1934 US statute that created the FCC and sets broadcasters' duties to political candidates.
On 14 October 2026 the Supreme Court kept FCC guidance letting party committees that buy ads with candidates pay the Act's Lowest Unit Charge through 3 November, months after a June ruling lifted the caps on that spending.
Last refreshed: 18 October 2026
Timeline for Communications Act of 1934
Mentioned in: Supreme Court keeps parties' ad discount
US Midterms 2026Mentioned in: Democrats win the quarter, lose the bank
US Midterms 2026Mentioned in: NRSC shifts to coordinated party money
US Midterms 2026Background
The Communications Act of 1934 is the US federal law governing broadcasting and telecommunications, codified at 47 U.S.C. 151 and following. President Franklin D. Roosevelt signed it on 19 June 1934. It created the Federal Communications Commission, which took over from the Federal Radio Commission.
Section 315 sets the rules for candidates on air. A station that lets one legally qualified candidate use it must give equal opportunities to rival candidates for the same office. Section 315(b) caps what a candidate pays at the station's Lowest Unit Charge for the same class of time. The Act sets two windows for that cap: 60 days ahead of a general election and 45 ahead of a primary. A federal candidate qualifies only by approving the advertisement on air.
Those rules carry more money since the Supreme Court lifted caps on party spending in concert with candidates in June 2026. In October 2026 the Court kept FCC guidance extending the candidate rate to party committees buying in concert with candidates.
The candidate rate now covers parties
Section 315's Lowest Unit Charge was written for candidates. After the Supreme Court struck the caps on party-candidate spending, the NRSC told campaigns in a 30 June 2026 memo that it would fold its independent-expenditure unit into fully coordinated spending. Issue One's researchers read that as a cost play: coordinated money qualifies for the candidate rate, while Independent committees pay market prices, often two to four times higher.
Four Democrats, among them Sherrod Brown and Jon Ossoff, challenged the FCC's March guidance extending the rate to parties. They argue the 1971 campaign finance law wrote the charge into the Act for candidates alone. The 4th Circuit set the FCC a deadline on 7 October. Chief Justice John Roberts paused that order the next day, and on 14 October the full Court kept the pause, so the guidance stands through 3 November.
What is the lowest unit charge for political ads?
What did the Communications Act of 1934 create?
When was the Communications Act of 1934 signed?
Why does the Communications Act matter for party ad spending in 2026?
Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Updated 18 October 2026. Editorial standards.