The Democratic candidates challenging the expanded lowest unit rate guidance are telling a federal appeals court that the FCC’s reliance on former Ohio Sen. Sherrod Brown’s 2024 campaign only proves broadcasters have long misapplied the law — not that the agency’s new guidance is legal.
In a reply brief filed with the Fourth Circuit Court of Appeals, the candidates respond to the FCC’s recent assertion that the March guidance merely reflects longstanding industry practice. The Commission also pointed to public political file records indicating that Brown’s campaign received lowest unit rates for coordinated advertisements paid for by the Democratic Senatorial Campaign Committee when he unsuccessfully ran for re-election two years ago.
Brown — joined by Georgia Senate candidate Jon Ossoff, North Carolina Senate candidate Roy Cooper and Michigan congressional candidate Kristen McDonald Rivet — aren’t disputing the description of earlier campaign activity. Instead, they argue the agency’s reliance on past practice misses the legal question before the court.
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