NEWSReport No. MM-95-82 MASS MEDIA ACTION August 21, 1995 FCC GRANTS APPLICATIONS FOR ASSIGNMENT OF LICENSES OF KHON-TV, HONOLULU, HI, AND ITS SATELLITE STATIONS KAII-TV, WAILUKU AND KHAW-TV, HILO OF WALA-TV, MOBILE, AL, AND WVUE-TV, NEW ORLEANS, LA The FCC granted applications for assignment of licenses of: KHON-TV, Honolulu, HI, and its satellite stations KAII-TV, Wailuku and KHAW-TV, Hilo; WALA-TV, Mobile, AL; and WVUE-TV, New Orleans, LA. The FCC also denied the petition to deny, filed by the Louisiana State Conference of Branches of the NAACP and the New Orleans Branch of the NAACP in reference to the WVUE(TV) application, and dismissed the petition to deny, filed by NBC, Inc. In an earlier proceeding involving the assignment of license of WLUK-TV, Green Bay, WI, to another, nearly identically structured Savoy-Fox entity, SF Wisconsin, the Commission granted the application conditioned upon: (1) the resolution of the pending attribution rule making proceeding; and (2) the resolution of the inquiry of Fox's alien ownership structure. The Commission acknowledged the then-pending status of the Honolulu, Mobile and New Orleans applications, stating that "[t]o the extent the issues and record are the same, our conclusions will apply with equal force. . . ." Following Commission action in the Green Bay application, the staff sent a letter of inquiry to the Savoy-Fox enterprise, requesting the chronologies of specific events relating to the hiring by the Savoy-Fox venture of former Fox employees. The Order concludes that the additional information provided does not render the record here to differ materially from that in the Green Bay case. Therefore, as was done in the Green Bay proceeding, the Order grants the applications conditioned upon the pending attribution rule making. With respect to the issue of alien ownership of Savoy-Fox, the Commission has recently concluded its inquiry of Fox's alien ownership, thereby necessitating no alien ownership condition, as was placed on the Green Bay grant. However, the Order addresses a matter left open by the Commission in that inquiry, that is, how to calculate the level of alien equity in the Savoy-Fox venture. In so doing, the Order overrules Wilner & Scheiner II insofar as it held that the so-called "multiplier" was to be utilized in calculating only the non-controlling investor's equity. This Order sets a new standard, determining that a multiplier is to be utilized in calculating all alien equity, or capital contributions. Employing this formula, the Order finds that the Savoy-Fox venture is approximately 21%-alien owned, a level falling within the 25% statutory benchmark. (over) - 2 - Action by the Commission August 17, 1995 by MO&O (FCC 95-364). Chairman Hundt, Commissions Quello, Barrett, Ness and Chong. - FCC - News Media contact: Kara Palamaras at (202) 418-0500. Mass Media Bureau contact: Anne Lucy at (202) 418-1630.