1) Access is available - just make a better contract, have a better product, one that brings the station in $$ and watch.
2) In the appropriate courts of law.
That is the problem, access is NOT available in many markets. Because of in place contracts with broadcast syndicates so much of the spectrum is blocked. So, no there is not simply access, even if someone had the money and voice.
As for appropriate court of law, after the fact slander in a broadcast environment is moot. Once the toothpaste is out of the tube, it doesn't go back in. That is the problem with the current standard.
If [as an extreme regulatory example] a station lost it's license for a year if someone on its station is found to lie or slander, the air would clean up very quickly. No "free speech" would be impinged, just lies and slander.
Right now a station might get a $1000 fine for an incident that occurred two years ago. That enforces nothing.