Even if he was, the FCC concluded, Chicago NBC affilate WMAQ did not act unreasonably when it refused to sell him air time to run ads on Super Bowl Sunday (Read the decision below).
Terry argued that his write-in candidacy “in several Illinois counties,” and his purported eligibility “to be elected president of the United States” entitled him to run presidential campaign ads, according to FCC rules.
The FCC concluded that Terry failed to make a “substantial showing” that he was actually a candidate for the Democratic Party’s Presidential nomination in Illinois. A letter from the Democratic National Committee’s executive director was unequivocal: the DNC “does not consider him an actual candidate” for the Democratic ticket.
Moreover, even if he were a legally qualified presidential candidate, the FCC reaffirmed its position that:
he would not be entitled to particular placement of his spots on a particular program on a station’s broadcast schedule. The Commission’s established policy in this regard close fits the circumstances of this case. (emphasis added)
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You can read the FCC’s Memorandum Opinion and Order dismissing Randall Terry’s complaint below: