Oxenford: Petition on Lowest Unit Rate Could Lead to More Political Ads

Possible FCC action on a Florida Association of Broadcasters petition on lowest unit rate advertisements could lead to an increase in political ads, said Wilkinson Barker broadcast attorney David Oxenford in a blog post Wednesday. The Florida broadcasters asked the agency for a declaratory ruling on whether political committees authorized by a political candidate are entitled to lowest unit ad rates, as the candidates themselves are. “This is a very confusing area of the law and, if not interpreted narrowly, could open the door to LUR overwhelming the current political advertising landscape,” Oxenford said. FAB asked the FCC to use Federal Election Campaign Act definition of such committees, which requires them to be affiliated with a single candidate and receive contributions on behalf of that candidate. However, the rules for coordination between candidates and other groups are looser in many states, and that could have consequences depending on what the FCC does in response to the FAB request, Oxenford said. The FCC “has not yet officially indicated that it will ask for public comment on this petition,” he said.