Report No. MM 95-84  MASS MEDIA ACTION            August 24, 1995
     
     
                 FCC GRANTS REQUEST OF FOX FOR WAIVER OF THE 
                   DUOPOLY RULE TO PERMIT COMMON OWNERSHIP
            OF WTXF-TV, PHILADELPHIA, PA AND WNYW-TV, NEW YORK, NY
                                       
                                       
                                                                          The FCC granted the request of Fox Television Stations, Inc. (Fox) for
     permanent waiver of the duopoly rule to permit common ownership of WTXF-TV and
     WNYW-TV.  It also denied the petition to deny filed by the Philadelphia Lesbian and
     Gay Task Force.
     
              Fox sought to acquire WTXF-TV, Philadelphia, PA from Paramount Stations
     Group of Philadelphia Inc., a subsidiary of Viacom, Inc. (Viacom).  Because the
     Grade B contour of that station overlaps that of Fox's WNYW-TV, New, York, New
     York, Fox sought permanent waiver of the duopoly rule, which generally proscribes
     common ownership of two television stations whose Grade B contours overlap.  The
     Philadelphia Lesbian and Gay Task Force filed a petition to deny the application,
     alleging Viacom's non-compliance with the Commission's EEO policy and rules and
     character qualifications issues relating to both Viacom and Fox.  The Task Force did
     not contest Fox's waiver request.
     
              In evaluating duopoly waiver requests, the Commission looks to certain
     factors: the extent of the overlap, the number of media voices available in the overlap
     area, the distinctness of the markets in which the stations are located, and the
     concentration of economic power resulting from the combination.  After weighing
     these factors, the Commission considers any additional public interest benefits
     proposed by the applicant to determine whether, in light of the overlap, the benefits
     outweigh any detriment which may occur from grant of the waiver.
     
     
     
     
     
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              In this case, the overlap is as large as those found in the Commission's past
     waiver cases involving Philadelphia and New York television stations, and all of the
     other traditional factors are satisfied.  Here, Fox proposes to dedicate a reporter to
     issues relating to central and southern New Jersey, particularly to Camden, and to
     broadcast a 30-minute public affairs program each week relating to African-American
     issues.  The Order finds that satisfaction of the traditional factors, as well as the
     unique nature of the Philadelphia and New York television markets, were sufficient to
     tilt the balance of interests in favor of grant.  As to the uniqueness of the Philadelphia
     and New York markets, respectively the number four and number one in the nation,
     the Order looks to the markets' geographic proximity, the plethora of voices in the
     overlap, and the existing network combinations in those markets.
     
              Action by the Commission August 14, 1995 by MO&O (FCC 95-360). 
     Chairman Hundt, Commissiners Quello, Barrett, Ness and Chong.
     
          - FCC -
                                       
                                        News Media contact: Kara Palamaras at (202) 418-0500.
     Mass Media Bureau contact: Anne Lucey at (202) 418-1630.