While brousing this morning, June 28, I accidentally found the following Statement by the Missouri Broadcasters Association, in which it states the FCC announced their ruling 10 days ago on June 18, 2010. No FCC notification has been made to me, either my phone or email, of any FCC ruling. The FCC (tel: 202-418-1440) does not accept phone calls, only phone messages. I just left them one.

http://missouriradio.mywowbb.com/forum10/1599.html

According to this MBA report, the FCC decided to announce their ruling "in the form of informal, oral advice." (If you can believe they'd stoop that low). Meaning quite obviously, nothing in writing, and nothing reported to the media.

Posted: Wed Jun 23rd, 2010 07:12 pm
Quote
ReplyStatement of the Missouri Broadcasters Association:

In April of this year, the Missouri Broadcasters Association joined by Chris Koster, Attorney

General of the State of Missouri and Zimmer Radio of Mid- Missouri, Inc., filed a request for
declaratory ruling with the Federal Communications Commission to determine whether Miller is
a “bona fide” write-in candidate for United States Senate entitled to mandatory reasonable access
to Missouri’s broadcast airwaves. Mr. Miller responded and several additional pleadings were
filed by both parties.

Frazier Glenn Miller has made demand on Missouri broadcasters to broadcast his messages
based on his claim to be a legally qualified candidate for U.S. Senate from Missouri. The
declaratory ruling request sought a determination to resolve the legal uncertainty whether Miller
was a bona fide candidate entitled to avail himself of the mandatory access provisions of
§312(a)(7) of the Communications Act. An individual seeking to qualify as a write-in candidate
bears the burden to make a “substantial showing” that he is a bona fide candidate for office. In
their submission, Petitioner’s contend that Miller failed to provide a sufficient showing such that
a reasonable broadcaster would have to conclude that he had met that burden.

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.

Should you have further questions or concerns in this regard, you are invited to call Don Hicks of
the Missouri Broadcasters Association or MBA Washington Counsel Gregg Skall (202-857-
4441) for further clarification.
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