WPCX 2B3T 3|P )Times New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (TT)pt_230_1HPLAS4.WRSSx  @,, @[X@2@ ZPX3|jHP LaserJet 4/4MScript_230_1HPLAS4.WRSSXj\  P6G;,, @[XP``X-%-MC-CK;K;-CK%-K%pKCKK;3-KC`CC;55E-#EM---#------C-K%`C`C`C`C`C``;X;X;X;X;1%1%1%1%`KhChChChC`K`K`K`K`C`C`KgChC`C`CQK`C`C`C`;`;`E`;`cX;X;X;X;hChChChEhChKhM3%3K3-3KlKEEhKX%X/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&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""d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddndddddddxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNllf T`Z`Zff,gg,&,l,l,f,Z",,,&,"5@^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777CE7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SAxSf.fExSxSxSxo7oE]A]AN:*LS7JSSSSS.4}}S2S}277JJS77SS7J72t7[[[[^ee*C`^.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSSxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNllf ZfZfZff,gg,,,l,l,f,Z",,,&,"i~'^'-8CCph---C[#-#%CCCCCCCCCC--[[[C{SSX`SS``-;XKpX`S`SCK`SpSKK3%38C-CC;C;%CC%%;%`CCCC33%C;X;;35%5H-#H8---#------C-C%SCSCSCSCSCuXX;S;S;S;S;-%-%-%-%XC`C`C`C`C`C`C`C`CK;SC`C`C`CK;`CSCSCSCSCX;X;XHX;`PS;S;S;S;`C`C`C`H`C`H`C-%-C---CeCHHX;K%K0K-K+K%XCMXCXC`C`C}XS3S3S3C3C3C3HHK0K%K8`C`C`C`C`C`CpXKHK3K3K3`CK-XCC3K-KCP#CC,,W]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]ddddddddddddddddddddddddddddddddddddddddN0PP0EC3CCCCCC%+eeC(+eeCe(--KKCu..PCCQe0PP0HeeCCu-KCp("XXXXee{CePMHC[PPC"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddand 0.75% for WDKYTV are both within the 1% de minimis standard we have applied in  X-  Lduopoly cases. Hubbard Broadcasting, Inc., 2 FCC Rcd 7374 (1987). The percentages of area   overlap 2.22% for WSTRTV and 2.95% for WDKYTV fall well within the range of  X-  overlap percentages previously sanctioned by the Commission. See, e.g., WHTMTV, Inc., FCC   9677 (released February 29, 1996)(overlap area comprised 3.79% of the population and 5.2%   Mof the area within the Harrisburg, Pennsylvania television station's market and 1.04% of the  Xy-  Kpopulation and 4.06% of the area within the Washington, DC television station's market); Citadel  Xd-  Communications Company, Ltd., 10 FCC Rcd 11910 (1995)(overlap area comprised 1.27% of the   population and 3.5% of the area within the Lincoln, Nebraska television station's Grade B service   contour and 1.31% of the population and 2.8% of the area within the Sioux City, Iowa television  X!-  station's Grade B service contour); WROC Associates, 10 FCC Rcd 11094 (1995)(overlap area   comprised 0.5% of the population and 2.8% of the area within the Rochester, New York   television station's Grade B service contour and 1.6% of the population and 3.5% of the area  X -  within the Elmira, New York television station's Grade B service contour); and H&C  X!-  Communications, Inc., 9 FCC Rcd at 144 (overlap area comprised 1.0% of the population and   .2.6% of the area within the Des Moines, Iowa television station's Grade B service contour and   0.8% of the population and 3.3% of the area within the Omaha, Nebraska television station's   Grade B service contour). Thus, we conclude that the overlap area does not justify a finding that the stations "serve substantially the same area."   XA'-  7.` ` The level of alternative media serving the overlap area ensures that viewers will"A',-(-(ZZ%"   {continue to receive a diversity of programming choices and falls within the range of past  X-  Commission decisions involving comparable overlap percentages.&XW {Ob-  ԍSee WHTMTV, Inc., FCC 9677 at 7 (nine other television stations serve entire overlap area);  WROC  {O,-  Associates, 10 FCC Rcd 11094 (1995) (nine other television stations serve all or part of the overlap area and a  {O-  majority of viewers receive at least five); and H&C Communications, Inc,. 9 FCC Rcd at 144 (five other television stations serve entire overlap area).  In addition to the   independentlyprogrammed WSTRTV and the Foxaffiliated WDKYTV, the overlap area   receives programming from two ABC affiliates, two CBS affiliates and three NBC affiliates.  X-  Moreover, Sinclair has pledged to supply separate local programming for each market.   zResponding to our concerns about the possibility of diminution of competition, Sinclair has   pledged that the stations will "continue to maintain autonomous operations" and will employ   jseparate management and staff. We also note that the stations are located in separate DMA's,   as WSTRTV competes in Cincinnati, the nation's 29th largest market, and WDKYTV competes   in Lexington, the nation's 68th largest market. Thus, we find that the concentration of economic power resulting from this duopoly waiver will be minimal.   X -  R8.` ` Turning to the public interest benefits proposed by the applicant, Sinclair's   Ncommitments to "produce and broadcast one additional hour of local nonentertainment   programming above and beyond the amount currently being offered . . . [and to] air . . . a weekly   30minute, local children's program" are public interest benefits which the Commission has found  X-  Ltilt the balance in favor of granting a duopoly waiver. See, e.g., H&C Communications, Inc., 9  X{-  FCC Rcd at 146. In sum, we conclude that the public interest benefit gained from this waiver outweighs any detriment resulting from the small overlap.   X8-  A9. ` ` Having determined that the applicant is qualified in all respects, we conclude that grant of the instant application would serve the public interest, convenience and necessity.  X-  Q 10. ` ` Accordingly, IT IS ORDERED , that the request for permanent waiver of the   Commission's duopoly rule, Section 73.3555(b), to permit the common ownership of television  X-  stations WSTRTV and WDKYTV, IS GRANTED and that the applications for assignment of   licenses of WSTRTV, Cincinnati, Ohio (File No. BALCT960205IB) and W66AQ, Dayton, Ohio  X-(File No. BALTT960205IC) to WSTR Licensee, Inc. ARE GRANTED .  ` `  hh,VFEDERAL COMMUNICATIONS COMMISSION  ` `   ` ` ` `  hh,VWilliam F. Caton ` `  hh,VActing Secretary  C