Lowest Unit Charge

On 14 October 2026 the Supreme Court stayed a 4th Circuit judgment in FCC v. Brown (26A476), leaving in force guidance the Federal Communications Commission issued in March. The guidance lets party committees, and certain joint fundraising committees, that buy airtime in coordination with a candidate pay the Lowest Unit Charge. Justices Sonia Sotomayor and Ketanji Brown Jackson would have refused the stay. Four Democratic candidates brought the challenge: Sherrod Brown, Jon Ossoff, Roy Cooper and Kristen McDonald Rivet. The guidance now stands through election day on 3 November.

The rate comes from Section 315(b) of the Communications Act of 1934. In the 45 days before a primary and the 60 days before a general election, broadcasters must sell a legally qualified candidate airtime at the lowest price they charge their most-favoured commercial advertiser for the same class of slot. The statute names candidates, not parties. super PACs and other outside groups pay market rates, which climb in October.

The rate became a question for party money after the Supreme Court struck the caps on party-candidate coordinated spending 6-3 in NRSC v. FEC on 30 June. The National Republican Senatorial Committee said the same week it would close its Independent-expenditure unit and buy in coordination instead; an internal NRSC memo put the gain at three to 13 times more airtime per dollar. The NRSC spent $45.92m on coordinated expenditures in August.