Report No. MM 95-116 MASS MEDIA ACTION December 8, 1995 FCC GRANTS APPLICATIONS TO TRANSFER CONTROL OF 12 RADIO LICENSES; GRANTS TEMPORARY WAIVERS OF THE NATIONAL AND LOCAL OWNERSHIP RULES The Commission has granted applications to transfer control of 12 radio licenses held by subsidiaries of Pyramid Communications, Inc., to Evergreen Media Corporation, subject to conditions. Pyramid and Evergreen Media entered into a merger agreement whereby a new wholly owned subsidiary of Evergreen, Evergreen Media/Pyramid Corporation will be merged with Pyramid. The Pyramid subsidiaries, and the licenses affected are as follows: 1)& 2) Pyramid East Corporation, Licensee of WRFX(AM)/WEDJ(FM), Charlotte, NC; 3) Pyramid Communications - Boston AM Corporation, licensee of WXKS(AM), Everett, MA; 4) Pyramid Communications - Boston FM Corporation, licensee of WXKS- FM, Medford, MA; 5) Pyramid Communications - WJMN License Corporation, licensee of WJMN(FM), Boston, MA; 6) Pyramid Communications-Buffalo FM Corporation, licensee of WHTT-FM, Buffalo, NY; 7) Pyramid Communications - Buffalo AM Corporation, licensee of WHTT(AM), Buffalo, NY; 8) Pyramid Communications WBUF License Corporation, licensee of WSJZ(FM), Buffalo, NY; 9) Pyramid Communications - Philadelphia FM Corporation, licensee of WYXR(FM), Philadelphia, PA; 10) Pyramid Communications WJJZ License Corporation, licensee of WJJZ(FM), Philadelphia, PA; 11) Pyramid Communications - Chicago FM Corporation, licensee of WNUA(FM), Chicago, IL; 12) Pyramid Communications - Charlotte FM Corporation, licensee of WRFX(FM), Kannapolis, NC. Evergreen requested and was granted temporary waivers of both the national and local broadcast ownership rules. Specifically, Evergreen was granted a temporary 12 month waiver of the national ownership rule's limit of 20 FM stations, and temporary 12 month waivers of the local ownership rules with respect to its proposed acquisitions of Pyramid stations in Charlotte, NC. Although Evergreen requested a temporary 12 month waiver in order to acquire WNUA(FM), Chicago, the Commission granted Evergreen a six month waiver to acquire this station. -more- -2- Evergreen requested the temporary waivers in order to permit the orderly divestiture of stations that would bring it into compliance with both the national and local broadcast ownership rules. In approving this action, the Commission noted that it has in the past granted other temporary waivers of the national ownership limitations in situations involving a multi-station transaction, such as this, to allow an applicant to divest of stations thus complying with the ownership rules. Evergreen will be required to come into compliance with the national radio ownership limits within 12 months of the date of consummation of the merger with Pyramid. Evergreen will be required to file an application to assign two of its Chicago FM stations to a new entity by March 29, 1996. Evergreen will have an additional six months, from the date of consummation of the merger with Pyramid, to file an application to divest itself of another FM station in Chicago, and to come into compliance with the radio local ownership rules. Evergreen also will be required to file an application to assign two of its Charlotte FM stations to a new entity within 12 months of the date of consummation of the merger with Pyramid and come into compliance with the radio local ownership rules. Action by the Commission December 8, 1995, by Memorandum Opinion and Order (FCC 95-492). Chairman Hundt not participating, Commissioners Quello, Ness, and Chong, with Commissioner Barrett concurring in the result and issuing a statement, and Commissioner Ness issuing a separate statement. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Mass Media Bureau contact: Melanie Godschall at (202) 418- 2660.