Mr Spence provoked the ire of hundreds of fans after making the "old club" comment while discussing attempts to end a boardroom civil war at Ibrox on BBC Radio Scotland's Sportsound programme.
Rangers fans are to contest the initial ruling by the BBC Editorial Complaints Unit (ECU) which indicated the comments were justified as the Sportsound discussion had centred around the new company which was controlling club affairs after oldco headed for liquidation.
Three months ago the BBC Trust's Editorial Standards Committee (ESC) ruled that BBC Scotland breached its guidelines on accuracy in reports about the financial collapse of the company running Rangers saying it was wrong to use the terms "new" and "old" club.
The ECU, which launched a standards investigation, said the ESC found that "distinguishing between the 'old' and 'new' company" was appropriate when discussing matters off the field.
Complainants now have an opportunity to respond to the ECU decision before it is finalised on October 17, but it is expected the matter will head to the BBC Trust's Editorial Standards Committee which previously ruled on inaccuracy issues regarding reporting of the club's affairs.