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Margaret L. Tobey y Vice President, Regulatory Affairs NBCUniversal 300 New Jersey Avenue, NW Suite 700 Washington, DC 20001 Tel: (202) 524-6401 Fax: (202) 524-6411 October 12, 2015, Via Electronic Mail ‘Adam C. Bonin ‘The Law Offices of Adam C. Bonin 1900 Market Street Philadelphia, PA 19103 Dear Mr. Bonin: Your letter dated October 10, 2015, which was sent to certain television stations affiliated with the NBC Network, has been forwarded to me for response. In the letter, you state that your client, Mr. Larry Lessig, is a “bona fide and legally qualified candidate for President,” and you request that he be provided with air time comparable to that provided to former Secretary of State Hillary Clinton on the October 3, 2015, broadcast of “Saturday Night Live” in satisfaction of the stations’ equal opportunities obligations under Section 315(a) of the Communications Act of 1934, as amended, and Section 73.1941 of the rules of the Federal Communications Commission. Section 73.1941(d) places on a candidate requesting equal opportunities the burden of proving, on a state-by-state basis, that both he and his opponent are legally qualified candidates for the same public office.* In the absence of such proof, a station is not required to provide equal opportunities. Your letter asserts that Mr. Lessig is a legally qualified candidate, but it does not provide proof of such status as required by Section 73.1941(d). For a candidate seeking his or her party’s nomination for President, the requirements for demonstrating “legally qualified” status are set forth in Section 73.1940(e): (2) He or she, or proposed delegates on his or her behalf, have qualified for the primary or Presidential preference ballot in that State, territory or the District of Columbia; or * See 47 C.F.R, Sec. 73.1941(d) ("Burden of proof. A candidate requesting equal opportunities ofthe licensee or ‘complaining of noncompliance to the Commission shall have the burden of proving that he or she and his or her ‘opponent are legally qualified candidates for the same public office.”) ‘Adam C. Bonin October 12, 2015 Page 2 (2) He or she has made a substar showing of a bona fide candidacy for such nomination in that State, territory or the District of Columbia; except, that any such person meeting the requirements set forth in paragraphs (a)(1) and (2) of this section in at least 10 States (or 9 and the District of Columbia) shall be considered a legally qualified candidate for nomination in all States, territories and the District of Columbia for purposes of this Act.” Accordingly, please provide documentation under Section 73.1940(e) (1) or (2) proving that both Mr. Lessig and Secretary Clinton are legally qualified candidates and the specific states In which each candidate has attained such status. We will provide a further response to your request promptly upon receipt of such document Very truly yours, Margatet L Tobey 3 ? The elements of a “substantial showing” are set forth in Section 73.1940(f). See also Complaint of Randall Terry Against Station WMAQ-TV, Chicago, ilinois, 27 FCC Red 598 (2012),