US Supreme Court Reinstates the FCC’s LUC Rules

As we reported previously, the FCC issued a Public Notice in March 2026 applying its lowest unit charge (LUC) regulations to party committees that work jointly with authorized candidate committees. 

“The LUC requirements are applicable to (1) authorized committees, including authorized committees that engage in joint fundraising with legally qualified candidates for federal office, and (2) advertisements that qualify as coordinated expenditures of political parties and legally qualified candidates for federal office.”

This decision was challenged in court and blocked by the Fourth Circuit Court of Appeals.  The FCC argued that the public notice merely reiterated what was always the law.  Others disagreed, stating this was a new policy that could not be adopted by a simple Public Notice.  Litigation ensued.  As we noted last week, the U.S. Court of Appeals struck down the FCC’s policy interpretation.  Based on that decision, LUC rates would apply only to a candidate or a candidate’s authorized campaign committee. 

Last Friday, the Supreme Court overruled the Appeals Court, thereby reinstating the FCC’s rule.  Thus, the FCC will consider political parties coordinating with a candidate’s campaign committee as qualifying for LUC rates pursuant to its March Public Notice. 

The FCC’s decision is likely to remain in place for the 2026 election cycle.  The LUC period for the general election began on September 4^th. 

We will continue to watch this issue closely.  If you have questions, you should consult your communications counsel.  

Here is the FCC’s March Public Notice outlining its LUC policy.

Additional analysis can be found in noted communications attorney David Oxenford’s Broadcast Blog here.