WPC: 2MBR ZRomanNew Roman3|PRoman (TT)Times New Roman (Bold) (TT)XPPS - PS1; Rm. 907_1XPPSPS.WRSSX\  P6G; HNPxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""@C "5@^?(?SO_c(88?g(g(WOOOOOOOOOO((_g_GkOWSWSO[_,;WGc[WWWWOK_O_OSO888WO(OSKSK3KW,,S,WOSOCC;WG_OKG8 8_((((W,E(OWOOOOOOOOOOOwSKSKSKSKSK,,,,,,,,[WWOWOWOWO_W_W_W_W(KOOWSWOWOSKWOSSOOWWOOSKSKSKSKWWSK[K[O[[K[K_W_W,WWW,,,W;WSG,GE[W[WWW((WCWEOC((N((;S(GOOOS(OOOOKOOOOOO(((((((((((((((OOtOg\\GO\d*,KO.wROOn\CfxKxWlRx\]\cdIfIs`Wx\rriwgd((((((((((((((((((((((((((((((((?(?SO_c(88?g(g(WOOOOOOOOOO((_g_GkOWSWSO[_,;WGc[WWWWOK_O_OSO888WO(OSKSK3KW,,S,WOSOCC;WG_OKG8 8_(((((((((((((((((((((((((((((((((((KOOS,SWOOOOOOO,gOO(K;((OOOOOOGOOOOOOOSSSSS,,,,W[WWWWWOW____SSWOOOOOOwKKKKK,,,,OWOOOOOGOWWWWKS"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd20@#@&@5*@u-"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddd<d<CCoodCCddCoCddzzzzzzzzzzCCCCozdddddddYYYYY8888dddddddndddddYdF y.K8?XpK\  P@QPG 7PC2X XP\  P6QXP.H 7UC2XXU4  pQXI W!0(Xh0\  P6QhPJ y.C8*XpC\  P6QPK I(!XHs,(\  P6Q,PL {,C8*X9-qC*f9 xQX5PC2X9XP*f9 xQXXYdC`CCn``q|~?Ps<|`x` d```nC2: X- X   ]b X-x  Federal Communications Commission`(#DA 96560 ă  yxdddy *2 Before the x Federal Communications Commission  X-Washington, D.C. 20554 ă  X-#Xj\  P6G; XP#In re:x` `  hh@) x` `  hh@)  Xv-NEPSK, Inc.` `  hh@)hCSR4652X x` `  hh@)  XH-Petition for waiver of the crosshh@)  X1-ownership rules. hh@) T  X -|  MEMORANDUM OPINION AND ORDER TP  X -X` hp x (#%'0*,.8135@8:h 451>h 682>h 54>h 27q    h  Oakfield  250  318  36  23  >   x3. A waiver is necessary, NEPSK explains, because although four of the communities  xlie entirely outside of the WAGMTV Grade B service contour, Monticello is within the Grade  X - xMB contour. R yO- x#C\  P6QpP#эNEPSK attaches to its waiver request an Engineering Statement which includes a map showing the Grade B contour of WAGMTV and the five communities noted in the text. Not only does Monticello occupy only a small area in the southern part of the  xcontour, NEPSK asserts, but it includes fewer than 22% of the total number of subscribers in the  xfive systems, and the Monticello system represents a proportional 22.5% of the allocated value  xof the assets to be acquired by NEPSK. Furthermore, NEPSK claims that the proposed waiver  xwill not create undue media concentration because Monticello receives service from ten broadcast  xstations other than WAGMTV, including three television stations, two AM stations, and five FM  X- xzstations. R {O-#C\  P6QpP#эSee Engineering Statement, note 3, above. In addition, NEPSK asserts, the Monticello system carries a number of broadcast  xstations, both offtheair and via satellite, apart from WAGMTV. Also, NEPSK points out that  xa number of daily and weekly newspapers are available in the Monticello area. To further  xdemonstrate that the proposed waiver will not impair competition or diversity, NEPSK represents  x/that it will not engage in any joint marketing or sales arrangements between the Monticello  xisystem and WAGMTV, other than the relationship routinely required in connection with carriage  x\of the WAGMTV signal. Finally, NEPSK concludes that grant of its request will allow it to  xcome into compliance with the Commission's crossownership prohibition in an orderly fashion,  xthus avoiding a "fire sale" of the Monticello system, and would be consistent with Commission holdings that such forced sales are not in the public interest.  X-  x4. In Golden West Associates, L.P., 59 RR 2d 125 (1985), and its progeny,R {Ov"- x#C\  P6QpP#эSee, e.g., Cox Cable Communications, Inc., 10 FCC Rcd 1559, 1563 (1994); Storer Communications, Inc. 59  {O@#- xRR 2d 611, 61314 (1985); Capital Cities Communications, Inc. 59 RR 2d 451, 466 (1985); see also Time Warner  {O $- xEntertainment Co., L.P., 8 FCC Rcd 7106, 7107 (1993) ("[T]he Commission has recognized the public interest in  xZavoiding disruption of service to subscribers during the time needed to accomplish the divestiture that is required by the crossownership provisions.") the  xCommission, in appropriate circumstances, has held that the public interest would be served by"h ,-(-(ZZk"  xpermitting licensees eighteen months to divest cable systems that were within the Grade B contour of coowned broadcast stations. The Commission has stated:  Xx[W]e do not believe that Congress could have intended to require the shutdown  Pof an operating cable system and loss of service to the public where a substantial  `sale is involved and where the cable system, as here, is a very small part of the  transaction. There is no public benefit we perceive in removing cable service to  }the four communities involved here until a buyer is found. Furthermore, given the  #abundance of media serving the [market,] we do not believe that any undue harm  or concentration will result from permitting the [acquiror] to divest itself of its  cable interests after its acquisition of [the acquiree] has occurred. Nor do we  believe that Congress intended to require "fire sales" as the result of the need to  divest properties quickly after Commission approval of complex transfers, but  before consummation of the transaction. In view of the foregoing, and given the  nature of the facilities, we believe that an 18month period of time, from the date  2of consummation of the sale, would be sufficient for [the acquiror] to divest itself  X-of the cable systems.R {O -#C\  P6QpP##C\  P6QpP#эGolden West Associates, L.P., 59 RR2d at 132.    ]x5. In view of the foregoing, the Bureau believes that the public interest will be served by  x[granting NEPSK's request for an eighteenmonth period after consummation of the transaction  xto sell its Monticello cable system. This action comports with the aforenoted Commission  xkprecedent and also permits NEPSK to avoid a "fire sale" of its Monticello assets or a forced  xreduction in cable service. NEPSK has demonstrated that the Monticello cable system is a small  xpart of the overall transaction and that Monticello, the only community within WAGMTV's  x=Grade B contour, occupies a small portion of the station's service area. Moreover, NEPSK has  xshown that there is an abundance of other media, including broadcast stations and newspapers,  x{also serving the Monticello area. We therefore conclude that NEPSK's waiver request is reasonable and should be granted.  Xe- ` 5x 6. ` ` ACCORDINGLY, IT IS ORDERED that, pursuant to Section 0.321 of the  xCommission's rules, 47 C.F.R. 0.321, the request for temporary waiver, filed November 13,  x1995, by NEPSK, Inc., IS GRANTED, and that Section 76.501(a) of the Commission's rules, 47 C.F.R. 76.501(a) IS WAIVED to the extent indicated above. x` `  FEDERAL COMMUNICATIONS COMMISSION x` `  Meredith J. Jones x` `  Chief, Cable Services Bureau