Anti-abortion activist Randall Terry told POLITICO he will likely appeal an FCC decision to keep his graphic presidential campaign ad featuring images of fetus parts off NBC’s Chicago station during Sunday’s Super Bowl.

“We are considering our options, for the sake of future states,” Terry wrote in an email. “We are definitely going to court; the question is when, against who, and for what action. …”

It was unclear whether that challenge was likely before Sunday’s big game.

The FCC and NBC could not immediately be reached for comment Sunday.

The FCC Media Bureau ruled late Friday that Terry has no “reasonable access” guarantee to a time slot on the most popular program of the year. The ruling also found he fails to meet the qualifications for a “bona fide” presidential candidate.

Terry, a write-in candidate for the Democratic nomination for president in Illinois, wants to air the ad that features fetus parts as part of his crusade to defeat President Barack Obama and make abortion the election’s signature Issue.

The Media Bureau decided that it could not refute WMAQ’s contention that Terry is not a serious candidate. Bureau decisions can be appealed to the full commission and the courts.


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