FCC v. Brown

610 U. S. ____ (2026) · 10/14/2026

The Fourth Circuit’s mandamus order requiring the Federal Communications Commission to resolve an application for review within 48 hours of its entry is stayed because the order improperly interferes with the Commission’s discretion to determine the timing and procedures of its deliberative process.

On March 30, 2026, the Media Bureau of the Federal Communications Commission (FCC) issued a “public notice” about the FCC’s lowest unit charge (LUC) requirements. Those requirements, which are outlined in 47 U. S. C. §315(b)(1)(A), concern favorable rates that broadcasters must charge for campaign advertisements in the weeks leading up to elections. The notice stated that political candidates, joint fundraising committees with noncandidate members, and political parties engaged in coordinated political activity are entitled to the LUC.

Four candidates for Congress filed an application for review with the FCC, arguing that only political candidates are entitled to the LUC and asking the full Commission to set aside the public notice as unlawful. Two months later, while their application was still pending before the Commission, the candidates filed a petition for review against the FCC and the United States in the Court of Appeals for the Fourth Circuit seeking the same relief. A divided panel of the Fourth Circuit determined that it had jurisdiction to consider the candidates’ challenge, granted their petition, and set aside…