MBA and Missouri Attorney General Chris Koster filed a request for a declaratory ruling from the FCC on the matter.
"On Friday, June 18, 2010, the Missouri Broadcasters Association was advised by telephone that the FCC’s response to its petition would be in the form of informal, oral advice. The advice was received from the Media Bureau’s Policy Division staff. The advice was that, on the facts and pleading submitted by all parties, including Mr. Miller, it would not be unreasonable for Missouri broadcasting stations to determine that Miller is not a bona fide write-in candidate and therefore, Missouri broadcasters may deny him access to broadcast their stations.
This advice is an affirmation of the position taken by the MBA, Attorney General Koster and Zimmer Broadcasting and the FCC, prior to the filing of our petition. It confirms that a broadcaster who decides that Miller has not established himself to be a bona fide write-in candidate would not be acting unreasonably. Therefore, in our view, a Missouri broadcaster would not be held liable for having denied access retroactively.
The MBA continues to believe that Mr. Miller’s demands for mandatory access were an abuse of the privilege contained in the Communications Act for bona fide candidates. The Communications Act creates a special mandatory-access rule only for federal candidates, carefully limited to party nominees and those who are “bona fide,” or active and credible in the circumstances of the particular race. This result validates the MBA’s position in its petition and reply comments that Miller has not established himself to be a bona fide candidate. Miller is merely attempting to use broadcasters as a megaphone for his message, and broadcasters are not required to allow themselves to be used as a purveyor of personal views merely upon the claim of candidacy for federal office."
CAN I GET AN AMEN AND A HALLELUJAH, BROTHERS AND SISTER!!!