FCC v. Brown · ¶2

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 the public notice. In doing so, the majority reasoned that the plain text and legislative history of §315(b)(1)(A) limits the availability of the LUC to political candidates.

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