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The Chief, Mass Media Bureau, has under consideration: (1) the above-captioned application for assignment of the license of KKPL(AM), Opportunity, Washington from Concrete River Associates, L.P. ("Concrete River") to QueenB Radio, Inc. ("QueenB"); and (2) a related request for permanent waiver of 47 C.F.R. 73.3555(c), the Commission's onetoamarket rule, which restricts common radio and television station ownership in the same  Xe4market.%0eL O4ԍ#]\  PC P#Section 73.3555(c) of the Commission's rules prohibits the common ownership of radio and television stations in the same market if the 2 mV/m contour of an AM station or the 1 mV/m contour of an FM station encompasses the entire community of license of a television station or, conversely, if the Grade A contour of a  yOF'television station encompasses the entire community of license of an AM or FM station. # x6X@KiX@#% The application and the waiver request are unopposed. For the reasons set forth below, we grant the assignment application and a conditional waiver of our onetoamarket  X74rule.7L O"4ԍ#X\  P6G; P#The Commission has delegated to the Mass Media Bureau authority to act on uncontested onetoamarket waiver requests that involve stations in the top 100 television markets and that present no new or novel  yOH$'issues.  Louis C. DeArias, Receiver, 11 FCC Rcd 3662, 3667 (1996) ("DeArias"); see also Review of the Commission's Regulations Governing Television Broadcast Ownership, Second Further Notice of Proposed  yO%'Rulemaking, MM Docket Nos. 91221 and 878, FCC 96438, slip op. at 35 and n. 130 (released November 7,  yO&'1996) ("Second Further Notice of Proposed Rulemaking"). No new or novel issues are presented and the stations"&0*''&" involved are located in the Spokane designated market area, which is ranked 74th in the country.  "7X0*''JJ"Ԍ X4ԙ[ Background ă  X4 #Xj\  P6G;9XP#2. QueenB is wholly owned by Spokane Television, Inc. ("Spokane Television"),  X4 which currently controls one television, two FM, and two AM stations in Spokane,  X4Washington, as a result of a previously granted onetoamarket waiver. DeArias, 11 FCC Rcd at 3662. Specifically, KTRW(AM) and KZZUFM are licensed to QueenB and KXLY(AM) and KXLYFM, Spokane, Washington, are licensed to Spokane Radio, Inc., of which Spokane Television is the sole shareholder. Spokane Television is also the licensee of  XH4#x6X@`7iX@##Xj\  P6G;9XP#VHF television station KXLYTV , Channel 4, an ABC affiliate in Spokane, Washington . Grant of the instant assignment application would create a new radiotelevision station combination because the Grade A contour of KXLYTV entirely encompasses the community of license of AM station KKPL, Opportunity, Washington, the additional radio station QueenB proposes to acquire. Accordingly, QueenB requests a permanent waiver of the Commission's rules to permit common ownership of KXLYTV and KKPL. If QueenB is permitted to acquire KKPL(AM), Spokane Television will control one TV, two FM and three AM stations in the Spokane Designated Market Area ("DMA").  X4  Xy4  3. QueenB bases its current waiver request on the onetoamarket waiver standards  Xb4adopted in Second Report and Order, Amendment of Section 73.3555 of the Commission's  XK4Rules, the Broadcast Multiple Ownership Rules,  4 FCC Rcd 1741 (1989) ("Second Report  X44and Order"); recon. granted in part and denied in part, 4 FCC Rcd 6489 (1989) ("Second  X4Report and Order Recon."). Under these standards, the Commission presumes that waiver of the rule will serve the public interest in cases involving television and radio station combinations in the top 25 markets where at least 30 separately owned, operated and  X4controlled broadcast licensees, or "voices," would remain after the proposed combination.  X4Second Report and Order, 4 FCC Rcd at 175152. The Commission also presumes that the  X4public will be served by the acquisition of "failed" stations, i.e., stations that have not been  X4operating for a substantial period of time, or that are involved in bankruptcy proceedings. 47 C.F.R. 73.3555, n.7(2). Other waiver requests are evaluated using more rigorous caseby Xg4case criteria, also set forth in the Second Report and Order. 4. QueenB first requests a waiver of the rule pursuant to the "failed station" standard arguing that we should presume this waiver to be in the public interest because KKPL was off the air continuously from September 6, 1993 until February 7, 1997. For reasons discussed below, we will not consider KKPL's waiver request under the "failed station" standard. 5. Alternatively, QueenB submits a specific factual showing pursuant to the "caseby X!4case" standard outlined in the Second Report and Order. We will consider the waiver request under this standard, whereby we make a public interest determination based upon the""X0*%%JJ " following criteria: (1) the potential public service benefits of joint operation of the facilities,  X4such as the economies of scale, cost savings and programming and service benefits; (2) the types of facilities involved; (3) the number of media outlets owned by the applicant in the relevant market; (4) the financial difficulties of the stations involved; and (5) the nature of the relevant market in light of the level of competition and diversity after the joint operation is  X4implemented. Second Report and Order, 4 FCC Rcd at 175354. We note that not all five of  Xv4the casebycase factors are necessarily relevant in each case. Second Report and Order  X_4Recon., 4 FCC Rcd at 6491. QueenB submits a showing that addresses each of the criteria.  X14L Waiver Showing ă  X 46.  Public Service Benefits of Joint Operation.  QueenB contends that the proposed combination of KKPL(AM) with KTRW(AM), KXLY(AM), KXLYFM, KZZUFM, and KXLYTV would create efficiencies that would save between $185,000 and $290,000 per  X 4year. Specifically, it states that the stations would share a single general manager, other management personnel, and production, programming and clerical staff, for an estimated annual savings of $140,000 to $190,000. Bulk discounts on services and supplies would save an estimated $25,000 to $60,000 per year. Combined purchasing of advertising and promotional expenses would save $5,000 to $25,000, and the sharing of operating facilities would save an additional estimated $15,000 in rent. In addition to these annual savings, QueenB also states that it will realize a onetime savings of an additional $200,000 by combining the technical facilities of AM stations KKPL and KXLY at a common site.  X47. QueenB asserts that the expected savings will permit KKPL to invest more of its resources to provide programming. Specifically, QueenB states that it will promote more widespread availability of local news coverage and public service programming through use of the KXLY television and radio stations' state capital news bureau, weather center, and other news resources. QueenB also states that it plans to provide programming of interest to unspecified demographic segments of the community that are currently underrepresented in the Spokane market, lending to program diversity in the market. QueenB also contends that programming benefits will result from returning a previously silent station to the air.   X!48. Types of Facilities.  KKPL(AM) is a Class D station that is licensed at 630 kHz and operates at 530 watts during the daytime, 53 watts during the nighttime. KTRW(AM) is a Class B station and operates on 970 kHz at 5000 watts, using a directional antenna during daytime operations, and operates at 1000 watts during nighttime directional operations. KXLY(AM), a Class B AM station, is operating full time at 5000 watts on 920 kHz utilizing a nondirectional antenna. KXLYFM is a Class C FM station operating on 99.9 MHz with 37,000 watts effective radiated power ("ERP") from a transmitter at 914 meters height above average terrain ("HAAT"). KZZUFM is a Class C FM station operating on 92.9 MHz with a horizontal plane ERP of 81,000 watts from a transmitter at 634 meters HAAT. KXLYTV,"j$0*%%JJ"" is a VHF station operating on Channel 4 as an ABC network affiliate, and operates at 48,000 watts visual and 9550 watts aural power from a transmitter at 933 meters HAAT. 9. QueenB acknowledges that its commonly owned stations are significant from a  X4technical standpoint. However, QueenB maintains that other local stations have technically significant facilities as well. It identifies 14 additional AM stations (12 commercial and two licensed as noncommercial) within the composite city grade contours of the five radio stations it proposes to own  . Of those facilities, it states that nine are equal or technically superior to QueenB's most powerful AM station, KXLY(AM), in daytime operation, and three  X14equal KXLY(AM)'s facilities for nighttime operation. With respect to FM stations, QueenB maintains that the defined market contains 21 additional FM stations (20 commercial and one  X 4noncommercial), eight of which are Class C stations, as are QueenB's two FM stations. With respect to VHF television station KXLYTV, QueenB argues that there are six VHF  X 4(three commercial and three noncommercial) stations in the Spokane DMA, as well as three  X 4UHF stations.  X410.  Other Media Outlets. As noted, Spokane Television, the parent corporation of both QueenB and Spokane Radio, Inc., owns and operates KXLYTV, Spokane and QueenB  Xd4owns KTRW(AM) and KZZUFM, an AMFM combination licensed to Spokane.8hdĨ O4ԍ #X\  P6G; P#QueenB discloses that it also has a stock option agreement to purchase 25 percent of the common stock of the licensee of KEZEFM and a right of first and last refusal to acquire the licenses of KEZEFM and KNJYFM, both in Spokane. 8 A sister corporation, Spokane Radio, Inc., owns KXLY AM/FM, an AM/FM combination also licensed to Spokane. Neither QueenB nor its related corporations own other broadcast or print interests operating in the Spokane market.  X4 #o\  PC9XP#11. Economic Status.  KKPL(AM) was silent from September 6, 1993, until February 7, 1997. QueenB states in its pleading that KKPL had been unable to resume operations because of the "economic predicament of its licensees" and that it was not operational when Concrete River acquired the station in 1994 because KKPL had sustained "significant financial losses" under the stewardship of the previous licensee.  Xh4 12. Competition and Diversity in the Market.  The final factor in QueenB's showing is the nature of the relevant market in light of the Commission's concerns about diversity and  X;4competition. QueenB asserts that the Spokane DMA is the 74th largest in the country. QueenB states that there are a total of 41 radio stations within the composite city grade contours of the radio stations that it now commonly owns (KTRW(AM), KXLY(AM), KZZU X4FM, and KXLYFM), and that 22 of those stations are separately owned. QueenB also contends that there are six fullpower commercial television stations including KXLYTV in the Spokane DMA, each separately owned, and four noncommercial television stations with" 0*%%JJo" three different licensees. QueenB states that, including itself, there are therefore 31 separate voices in the Spokane market. QueenB also notes that there are nine additional radio stations that cover parts of the Spokane television metropolitan market ("TV metro market") from  X4transmitter locations outside that market. Finally, QueenB states that there are nine separate cable companies serving 62.7 percent of households, 24 low power television stations, several Direct Broadcast Satellite licensees, a wireless cable system, two daily newspapers, two  Xv4weekly newspapers, and one biweekly newspaper.  XH'_, Discussion  W14\   X 4 13. Radio Ownership Rules.  We turn first to QueenB's compliance with our local radio ownership rules. 47 C.F.R. 73.3555(a)(1). Our analysis of the data QueenB has  X 4submitted indicates that the radio market formed by the mutually overlapping contours of its proposed commonly owned radio stations consists of 38 commercial radio stations. Under our rules, in a radio market with between 30 and 44 commercial radio stations a party may own, operate, or control up to seven commercial radio stations, not more than four of which are in the same service (AM or FM). QueenB's proposed ownership of five commercial radio stations, two FM and three AM, in this market complies with the numerical local ownership cap for radio stations. Moreover, our review of the record in this case reveals no other circumstances that would preclude grant of the applications under the radio ownership rules. We conclude that, with respect to local radio ownership, QueenB's acquisition of KKPL(AM) would serve the public interest.  X4 14.  OnetoaMarket Waiver. Because the present case also proposes a commonly  X4owned television station, we must next determine whether to waive our onetoamarket rule. In considering the current request for a permanent waiver we will follow the policy established in recent onetoamarket waiver cases where the radio component to a proposed  X4combination exceeds those permitted prior to the adoption of the Telecommunications Act of  X~41996. See Maximum Media, Inc., FCC 9777 (released March 7, 1997); Stockholders of  Xg4Infinity Broadcasting Corp., FCC 96495 (released December 26, 1996); see also S.E.  XP4Licensee G.P., FCC 96464 (released November 27, 1996); Shareholders of Citicasters, Inc.,  X94FCC 96380 (released September 17, 1996). In such cases, the Commission declined to grant permanent waivers of the onetoamarket rule, and instead granted temporary waivers conditioned on the outcome of related issues raised in the television ownership rulemaking  X4proceeding, (Second Further Notice of Proposed Rulemaking, MM Docket Nos. 91221 and 878, slip op. at 35). Similarly, we conclude that a permanent, unconditional waiver would not be appropriate here. QueenB has, however, demonstrated sufficient grounds for us to grant a temporary waiver conditioned on the outcome of the rulemaking proceeding.  X#415.  Waiver Standard.  QueenB requests waiver of our onetoamarket rule on the  Xk$4basis that it is a "failed" station or, in the alternative, on the basis that it satisfies our caseby"k$0*%%JJ""ԫcase criteria. We conclude that KKPL does not qualify as a "failed" station. KKPL had been off the air for over three years, but resumed operations as of February 7, 1997, to avoid the  X4expiration of its license as a matter of law. See 47 U.S.C. 312(g). Additionally, KKPL's requests for special temporary authority ("STA") to remain silent under the present licensee,  X4cited technical, rather than financial, difficulties as its reason to remain off the air.bPĨ O4ԍ#]\  PC P#Concrete River, the present licensee, acquired KKPL as a silent station in January 1994. Concrete River filed an application for a construction permit to relocate KKPL on November 3, 1995, which was granted on July 11, 1996. Concrete River, in both its June 4, 1996 and December 12, 1996 STA requests, continued to cite its "ongoing project to relocate the station to a new tower location" as its reason to remain silent. KKPL returned to the air from the new location on February 7, 1997. Although we received supplemental information from QueenB on April 25, 1997 regarding the financial situation of KKPL, it failed to provide any new information to support a finding that KKPL's silence was due to financial reasons or that the station is presently financially compromised. b  When, as here, there is clear evidence in the record that the station's silent status was the result of nonfinancial difficulties, we will not grant a presumptive waiver merely because a station had  X_4been off the air for a significant period of time. See Spectrum Radio, Inc., 1997 WL 40179, FCC 9713 (released February 4, 1997). We conclude that KKPL's longtime silent status was the result of delays encountered in its desire to relocate a silent station to a new site rather than financial inability to resume operations. Based on this factor, coupled with the fact that KKPL has returned to the air, we find that QueenB is not entitled to a presumptive  X 4waiver under the "failed station" standard.  X 4  X 416.  As KKPL is not a "failed" station, we would generally evaluate this case under  X 4the casebycase standard, as set forth in the Second Report and Order. See Revision of  X4Radio Rules and Policies (Recon.), 7 FCC Rcd 6387, 6394 n. 40 (1992). See also REP  Xy4WWBB G.P., 1996 WL 683741, FCC 96463 (released November 27, 1996); Moosey  Xb4Communications, Inc., 8 FCC Rcd 5247 (1993). QueenB asserts, however, that market conditions in Spokane have not changed appreciably in the year since we determined that QueenB's existing onetoamarket waiver would not create any undue concentration of  X4ownership or control of broadcast media in the Spokane market. Because the station being acquired, KKPL(AM), was silent from September 6, 1993 until February 7, 1997, and thus had no share in the market during that period, QueenB argues that the market therefore does  X4not now merit significant additional scrutiny. See DeArias, 11 FCC Rcd at 3662. To the extent QueenB contends by this argument that we need not reexamine the market before granting its application, we disagree. A new radiotelevision combination not before us in 1996 is presented by QueenB's application and we must evaluate that combination and its  X|4effect on the relevant market. See Moosey Communications, Inc., 8 FCC Rcd at 5247. To the extent QueenB is simply stating that a casebycase analysis will not likely reveal any significant factual differences from our 1996 analysis, we see no harm in testing its assertion  X74by reexamining the relevant market under our casebycase standard. "70*%%JJ"Ԍ X4ԙ17.  CasebyCase Standard.  In evaluating a request for a waiver of the onetoamarket rule, the Commission's goal "is to permit the public to benefit from such efficiencies of operation as may be achieved through the use of common facilities and staff consistent with the maintenance of diversity and vigorous competition within the market areas involved."  X4Second Report and Order Recon., 4 FCC Rcd at 6491. We conclude that QueenB's showing in support of a waiver of the onetoamarket rule meets our casebycase criteria, and that a temporary conditional waiver in this instance is consistent with the public interest and would not have an adverse effect on diversity and competition in the Spokane market.  X2418. QueenB demonstrates that acquisition of KKPL will create efficiencies resulting in significant cost savings and the potential for enhanced programming and service benefits. In particular, the licensee presents a showing that it would save between $185,000 and $290,000  X 4annually and would use this money to enhance the scope and reach of its programming.O Ĩ Of 4ԍ #X\  P6G; P#We do not consider the onetime $200,000 savings from combined sites related to the proposed  O>4combination because the savings have already been achieved. KKPL has already colocated with KXLY. # x6X@`7iX@# O This would be possible in part because KKPL will have access to the local news gathering resources of television station KXLY. The provision of enhanced public interest programming on station KKPL(AM) is particularly significant because the station was silent  X4until recently and QueenB provides assurance that it will keep the station on the air.  Xc4 19. While QueenB's commonly owned facilities will be significant in technical terms, our independent analysis verifies that comparable competing facilities exist. The Commission's "concern with the types of facilities merging under the authority of a onetoamarket waiver reflects our interest in assessing the potential impact of a proposed combination of stations in a given market in order that we might predict and avoid any significant adverse  X4effect on diversity or competition from too powerful a combination." Great American  X4Television and Radio Co., Inc., 4 FCC Rcd at 634950. Both of QueenB's FM stations, KXLY and KZZU, are Class C stations and our analysis shows that there are at least seven additional Class C stations in the Spokane TV metro market. Three additional AM stations in the Spokane TV metro market are comparable to the three AM stations in QueenB's proposed combination. Our independent analysis also shows that there are six VHF stations in the Spokane DMA in addition to QueenB's KXLYTV, as well as three UHF stations. "O@0*%%JJ "  X420. With respect to financial conditions, as stated earlier, we do not consider  X4 KKPL(AM) a failed station nor has it demonstrated financial distress. However, we previously have indicated that not all five factors need be present to justify grant of a waiver.  X4Second Report and Order Recon. 4 FCC Rcd at 6491. We also have granted a number of onetoamarket waivers where there was no finding that any of the stations were in financial  X4distress. See, e.g., DeArias at 3662; Alta Gulf FM, Inc., FCC Rcd 7750, 7751 (1995), Henry  Xv4Broadcasting Co., 11 FCC Rcd 1175 (1995); Atlantic Morris Broadcasting, Inc., 10 FCC Rcd  X_49495 (1995) ; Secret Communications Ltd., 10 FCC Rcd 6874 (1995).  X1421. Regarding QueenBs media holdings, we find that the proposed combination would  X 4not create undue concentration of ownership and control in the Spokane market. Ĩ O 4ԍ#]\  PC P#As to the market definition within which to count the number of broadcast stations in the context of a onetoamarket waiver, the Commission considers "the relevant TV metro market for radio stations and the  yO3 'relevant ADI [Arbitron Area of Dominant Influence] TV market for TV stations." Second Report and Order at 1760 n.101. However, since Arbitron no longer compiles ADI data, we now accept showings using the Nielsen  yO'DMA. See Media/Communications Partners L.P., 10 FCC Rcd 8116 n.3 (1995). See also Further Notice of  yO'Proposed Rulemaking, 10 FCC Rcd 3524, 3539 n.59 (1995).# x6X@KiX@# We have verified that there are at least 30 radio stations, of which 14 are separately owned, in the  X 4Spokane TV metro market.h PĨ O4ԍ#X\  P6G; P#The TV metro market is the relevant market for counting radio voices. The applicant's figure of 41 radio stations is based on the applicant's assessment of stations whose service contours overlap the service  yO'contours of the proposed commonly owned stations.# x6X@`7iX@#ь There are also nine television stations including KXLYTV, of which seven are separately owned, in the Spokane DMA. After the proposed transaction, these 39 stations would be operated by 20 separate broadcast owners. Additionally, QueenB states that there are several other media outlets in the market, including nine separate cable companies serving 62.7 percent of households, 24 low power television stations, a wireless  Xy4cable system, two daily newspapers, two weekly newspapers, and one biweekly newspaper.  Xb4 This level of diversity is consistent with the level we have approved in previous waiver  XK4requests. See e.g., Westar Broadcasting Group, Ltd., 11 FCC Rcd 11,221 (1996) (onetoa X44market waiver granted in 188th ranked market with 15 broadcast voices, two daily newspapers, two weekly newspapers, one monthly newspaper, and four separate cable systems  X4with cable penetration of 77.6 percent).  X422. With respect to economic concentration and competition, our i  ndependent analysis  X4indicates that the five radio stations at issue here and KXLYTV receive a combined  X4television and radio advertising revenue share of 25 percent ,  Ĩ O"4ԍ#X\  P6G; P#Advertising revenue data is obtained from BIA Publications, Inc.'s Radio Master Access and Television  yO#'Master Access data bases. # x6X@`7iX@#  a figure consistent with  X4temporary onetoamarket waiver requests previously approved. See NewCity" 0*%%JJ"  X4Communications, Inc., FCC 97107 (released March 26, 1997) (29 percent combined  X4television and radio advertising shares); S.E. Licensee G.P., FCC 96464 (released November 27, 1996) (24.2 percent combined television and radio advertising share). 23. We conclude, based on the record, that grant of a temporary, conditional waiver is appropriate. Grant of the waiver will result in economic efficiencies and facilitate enhanced public interest programming without undue effect on competition or diversity in the Spokane market.  X14F Ordering Clauses ă 24. Accordingly, IT IS ORDERED that the original request for a permanent waiver of the Commission's onetoamarket rule, 47 C.F.R. 73.3555(c), IS HEREBY DENIED. 25. IT IS FURTHER ORDERED, that a temporary conditional waiver of the onetoamarket rule, 47 C.F.R. 73.3555(c), to permit common ownership of stations KKPL(AM), Opportunity, Washington; KTRW(AM), KXLY(AM), KZZUFM, KXLYFM, and KXLYTV, Spokane, Washington, IS HEREBY GRANTED, subject to the outcome in the pending  Xb4television ownership rulemaking proceeding, Review of the Commission's Regulations  XK4Governing Television Broadcast Ownership, Second Further Notice of Proposed Rulemaking, MM Docket Nos. 91221 & 878, FCC 96438 (released November 7, 1996). Should divestiture be required as a result of that proceeding, QueenB is directed to file an application  X4for Commission consent to sell the necessary station(s) within six months from the release of  X4the final Order in that proceeding.  X4 26. IT IS FURTHER ORDERED, that, having found the applicants fully qualified and that grant of the application would serve the public interest, the application to assign the license of KKPL(AM), Opportunity, Washington, from Concrete River Associates, L.P., to QueenB Radio, Inc. (File No. BAPL961218GM) IS HEREBY GRANTED.  X74  FEDERAL COMMUNICATIONS COMMISSION ` `  Roy J. Stewart ` `  Chief, Mass Media Bureau " 0*%%JJ." "z May 2, 1997  X' To: Roy Stewart From: Stuart Bedell / Jennifer Dine  Xv4RE: KKPL, Opportunity, Washington (Onetoamarket waiver) The parties to this uncontested proceeding ask us for a permanent waiver of our onetoamarket rule to allow the licensee of two FM and two AM stations and KXLYTV (a VHF, ABC affiliate, in Spokane, Washington) to purchase an additional AM station in the same market. Spokane is the 74th largest DMA. Despite the fact that the proposed combination  X 4involves one television, two FM, and three AM stations, no new or novel issues that have not  X 4previously been considered by the Commission in the context of a onetoamarket waiver  X4request have been presented. We believe action pursuant to delegated authority is appropriate  Xy4under these circumstances and in light of the deletion of the footnote in the NewCity/Cox  Xb4transaction that had defined limitations on the Bureau's delegated authority. We also independently verified that the Spokane TV metro market has 30 radio  X4stations, including the five stations in the proposed combination, and that the Spokane DMA  X4has nine television stations including the one owned by the applicant. There would be 20  X4separate broadcast voices in the relevant market following grant of the proposed combination.     X4The five radio stations and KXLYTV receive a combined television and radio advertising  X4share of 25 percent . These figures are consistent with cases previously approved. You should also note that although the applicant has provided a casebycase analysis,  X|4it alternatively requests waiver based on the failed station standard. As in the recent case in  Xe4Key West, Florida, the item finds that the station does not qualify as a failed station. Accordingly, based on an analysis of the five casebycase criteria, and in view of the  X 4fact that the proposed combination involves one television station, two FM stations, and three  X 4AM stations, a temporary waiver is granted conditioned upon the outcome in the television  X4ownership rulemaking proceeding.  X4 " 0*0*0*Q"  X'`+ Before the w Federal Communications Commission -Washington, D.C. 20554  Xv4 #o\  PC9XP#\  X_4In re Application of  hhCq) ` `  hhCq) X14\Concrete River Associates, L.P. hhCq)  X 4(Assignor)` `  hhCq)pp  *xxX (#(# X 4` `  hhCq)File No. BAPL961218GM  X 4\and` `  hhCq) ` `  hhCq)  X 4QueenB Radio, Inc. hhCq)  X 4(Assignee)` `  hhCq)pp  *xxX  ` `  hhCq)  Xy4For Assignment of License ofhhCq)  Xb4KKPL(AM), Opportunity, Washingtonq)  X4'  MEMORANDUM OPINION AND ORDER   X4\4 <DL!T$&)\+- 0d244L!T$&)\+- 0d247l9;>t@B Adopted:ppReleased:  X'#o\  PC9XP#  X44L!T$&)\+- 0d247l9;>t@B4 <DL!T$&)\+- 0d24 By the Commission:  X4  X41. The Commission has under consideration: (1) the above-captioned application for  X4assignment of the license of KKPL(AM), Opportunity, Washington from Concrete River  X|4Associates, L.P. ("Concrete River") to QueenB Radio, Inc. ("QueenB"); and (2) a related  Xe4request for permanent waiver of 47 C.F.R. 73.3555(c), the Commission's onetoamarket  XN4rule, which restricts common radio and television station ownership in the same market.% 0NĨ O4ԍ#]\  PC P#Section 73.3555(c) of the Commission's rules prohibits the common ownership of radio and television stations in the same market if the 2 mV/m contour of an AM station or the 1 mV/m contour of an FM station encompasses the entire community of license of a television station or, conversely, if the Grade A contour of a  yO/ 'television station encompasses the entire community of license of an AM or FM station. # x6X@KiX@#%  X74The application and the waiver request are unopposed. For the reasons set forth below, we"7  0*%%JJ"  X4grant the assignment application and a conditional waiver of our onetoamarket rule.7 Ĩ Oy4ԍ#X\  P6G; P#The Commission has delegated to the Mass Media Bureau authority to act on uncontested onetoamarket waiver requests that involve stations in the top 100 television markets and that present no new or novel  yO'issues. See Louis C. DeArias, Receiver, 11 FCC Rcd 3662, 3667 (1996) ("DeArias"). Although the instant waiver request involves a "top 100" market, the Commission is acting on this request because the proposed common ownership of one television, two FM, and three AM stations surpasses the number of coowned stations  yOq'that the staff has historically considered. See Review of the Commission's Regulations Governing Television  yO9'Broadcast Ownership, Second Further Notice of Proposed Rulemaking, MM Docket Nos. 91221 and 878, FCC  yO'96438, slip op. at 35 and n. 130 (released November 7, 1996) ("Second Further Notice of Proposed  yO'Rulemaking"). 7  X4\ Background ă  X42. QueenB and related companies currently control one television, two FM, and two AM  X4stations 0Ĩ O4ԍ#X\  P6G; P#QueenB is the licensee of KTRW(AM) and KZZUFM, Spokane Washington, the 74th largest Designated Market Area (DMA). QueenB is wholly owned by Spokane Television, the licensee of KXLYTV. Spokane Television also is the sole shareholder of Spokane Radio, Inc., the licensee of KXLY(AM) and KXLY yOO'FM, Spokane, Washington. # x6X@`7iX@# in Spokane, Washington as a result of a previously granted onetoamarket waiver.  Xw4DeArias, 11 FCC Rcd at 3662. QueenB's parent company, Spokane Television, Inc.  X`4("Spokane Television"), is the licensee of VHF television station KXLYTV , Channel 4, an  XI4ABC affiliate in Spokane, Washington . Grant of the instant assignment application would  X24create a new radiotelevision station combination because the Grade A contour of KXLYTV  X 4entirely encompasses the community of license of KKPL, Opportunity, Washington, the  X 4additional radio station QueenB proposes to acquire. Accordingly, QueenB requests a  X 4permanent waiver of the Commission's rules to permit common ownership of KXLYTV and  X 4KKPL.  X 4  X 4  3. QueenB bases its current waiver request on the onetoamarket waiver standards adopted  X4in Second Report and Order, Amendment of Section 73.3555 of the Commission's Rules, the  Xz4Broadcast Multiple Ownership Rules,  4 FCC Rcd 1741 (1989) ("Second Report and Order");  Xc4recon. granted in part and denied in part, 4 FCC Rcd 6489 (1989) ("Second Report and Order  XL4Recon."). Under these standards, the Commission will presume that waiver of the rule will  X54serve the public interest in limited specific circumstances including cases involving failed  X4broadcast stations (stations that have not been operating for a substantial period of time, or  X4that are involved in bankruptcy proceedings). 0 Ĩ OX"4ԍ#]\  PC P#With respect to a station that has not been operating, the Commission declined to define specifically what constitutes a "substantial period of time," but indicated that it did not believe this criteria would be satisfied  yO#'unless the station had been off the air for at least several months. Second Report and Order, 4 FCC Rcd at 1760 n. 98. 47 C.F.R. 73.3555, n.7. Other waiver"  0*%%JJ?"  X4requests are evaluated using more rigorous casebycase criteria, also set forth in the Second  X4Report and Order.  X44. QueenB first requests a waiver of the rule pursuant to the "failed station" standard arguing  X4that we should presume this waiver to be in the public interest because KKPL was off the air  X4continuously from September 6, 1993 until February 7, 1997. As we will discuss below,  Xv4however, we will not consider KKPL under the failed station standard because it has returned  X_4to the air.  X145. Alternatively, QueenB submits a specific factual showing pursuant to the "casebycase"  X 4standard outlined in the Second Report and Order. We will consider the waiver request under  X 4this standard, whereby the Commission makes a public interest determination based upon the  X 4following criteria: (1) the potential public service benefits of joint operation of the facilities;  X 4(2) the types of facilities involved; (3) the number of media outlets owned by the applicant in  X 4the relevant market; (4) the financial difficulties of the stations involved; and (5) the nature of  X 4the relevant market in light of the level of competition and diversity after the joint operation  X4is implemented. Second Report and Order, 4 FCC Rcd at 175354. We note that not all five  Xy4of the casebycase factors are necessarily relevant in each case. Second Report and Order  Xb4Recon., 4 FCC Rcd at 6491. QueenB submits a showing that addresses each of the criteria.  X44=N Waiver Showing ă  X46.  Public Service Benefits of Joint Operation.  QueenB contends that its acquisition of a  X4previously silent station will offer substantial programming and public service benefits to the  X4Spokane community through more widespread availability of local news coverage and public  X4service programming through use of the KXLY television and radio stations' state capital  X4news bureau, weather center, and other news resources. QueenB also states that it plans to  X4provide programming of interest to demographic segments of the community that are currently  X~4underrepresented in the Spokane market, lending to program diversity in the market.   XP47. QueenB contends that the proposed combination of KKPL with KTRW(AM), KZZUFM,  X94KXLY(AM), KXLYFM, and KXLYTV would create efficiencies that would save a total of  X"4$602,000 per year. Specifically, the station would share a single general manager, other  X 4management personnel, and production, programming and clerical staff, for an estimated  X4annual savings of $140,000 to $190,000. Bulk discounts on services and supplies would save  X4an estimated $25,000 to $60,000 per year. Combined purchasing of advertising and  X 4promotional expenses would save $5,000 to $25,000. Sharing operations facilities would save  X!4an estimated $15,000 in rent. QueenB also contends that KKPL could diplex operations with  X"4KXLY and therefore save $200,000 otherwise necessary to purchase its own land, erect its  X#4own tower, and maintain property. QueenB asserts that the expected savings will permit  Xj$4KKPL to invest more of its resources to provide programming."j$ 0*%%JJ""Ԍ X4ԙ 8. Types of Facilities.  QueenB submits that KXLY(AM), a Class B AM station, is  X4operating full time at 5000 watts on 920 kHz utilizing a nondirectional antenna. KXLYFM  X4is a Class C FM station operating on 99.9 MHz with 37,000 watts effective radiated power  X4("ERP") from a transmitter at 914 meters HAAT (height above average terrain). KXLYTV,  X4is a VHF station operating on Channel 4 as an ABC network affiliate, and operates at 48,000  X4watts visual and 9550 watts aural power from a transmitter at 933 meters HAAT.  Xw4KTRW(AM) is a Class B station and operates on 970 kHz at 5000 watts, using a directional  X`4antenna during daytime operations, and operates at 1000 watts during nighttime directional  XI4operations. KZZUFM is a Class C FM station operating on 92.9 MHz with an ERP of  X2481,000 watts. KKPL(AM) is a Class D station that is licensed at 630 kHz and operates at  X 45300 watts during the daytime, 54 watts during the nighttime.  X 49. QueenB acknowledges that the acquisition of KKPL would result in substantial technical  X 4power from commonly owned stations, but states that competition and diversity promoted by  X 4the proposed combination as discussed below outweighs any competitive advantage resulting  X 4from the power and coverage of the combined stations. QueenB provides data that shows 14  X4additional AM stations, 12 commercial and two licensed as noncommercial, within the  Xz4composite city grade contours of the five radio stations in its proposal  . Of those facilities,  Xc4nine equal or surpass QueenB's most powerful station, KXLYAM, in daytime operation, and  XL4three equal KXLY's facilities for nighttime operation. QueenB's data also shows that there  X54are 21 additional FM stations, 20 commercial and one noncommercial, eight of which are  X4Class C stations operating at the maximum permissible power limit for a Class C channel, as  X4are two of QueenB's stations. With respect to VHF television station KXLYTV, QueenB's  X4data shows three other commercial and three noncommercial VHF stations in the Spokane  X4DMA, as well as three UHF stations.  X410.  Other Media Outlets. Spokane Television, the parent corporation of both QueenB and  X4Spokane Radio, Inc., owns and operates KXLYTV at Spokane. QueenB owns KTRW(AM)  X4and KZZUFM, an AMFM combination licensed to Spokane. Spokane Radio, Inc. owns  Xh4KXLY AM/FM, an AM/FM combination licensed to Spokane. Neither QueenB nor its parent  XQ4corporations own other broadcast or print interests operating in the Spokane market. Spokane  X:4Television is wholly owned by Evening Telegram Company ("Evening Telegram") of  X#4Superior, Wisconsin. Evening Telegram is also the sole shareholder of Apple Valley  X 4Broadcasting, Inc., the licensee of KAPPTV, Yakima, Washington, and its satellite facility,  X4KVEWTV, Kennewick, Washington, neither of which reaches the Spokane market.  X 4 #o\  PC9XP#11. Economic Status.  KKPL(AM) was silent from September 6, 1993, until February 7,  X!41997. QueenB states in its pleading that KKPL had been unable to resume operations because  X"4of the "economic predicament of its licensees" and that it was not operational when Concrete  X#4River acquired the station in 1994 because KKPL had sustained "significant financial losses."  Xl$' "l$ 0*%%JJ""Ԍ X4 12. Competition and Diversity in the Market.  The final factor is the nature of the relevant  X4market in light of the Commission's concerns about diversity and competition. QueenB  X4asserts that the Spokane DMA, the 74th largest in the country, would consist of 31 broadcast  X4voices after the proposed combination. QueenB's engineering exhibit states that there are a  X4total of 41 radio (AM and FM) stations within the composite city grade contours of the  X4stations associated with QueenB (KTRW(AM), KZZUFM, KXLY(AM), and KXLYFM).  Xw4Of those stations, 22 are separately owned. QueenB's engineering exhibit also shows that  X`4there are five fullpower commercial television stations in addition to KXLYTV in the  XI4Spokane DMA, each separately owned, and four noncommercial television stations with three  X24different licensees. QueenB states that, including itself, there are therefore 31 separate voices  X 4in the Spokane market, and nine additional radio stations cover parts of the Spokane market  X 4but do not have transmitters located within the Spokane television metro market. Finally,  X 4QueenB relies upon nine separate cable companies serving 62.7 percent of households, 24 low  X 4power television stations, several Direct Broadcast Satellite licensees, a wireless cable system,  X 4two daily newspapers, two weekly newspapers, and one biweekly newspaper.  W4a, Discussion  Wz4\   Xc4 13. Radio Ownership Rules.  We turn first to QueenB's compliance with our local radio  XM4ownership rules. Our independent analysis of the data QueenB has submitted indicates that  X64 the radio market formed by the overlapping contours of its stations contains 38 commercial  X4radio stations. Under rules adopted in the Telecommunications Act of 1996, Pub. L. No. 104 X4104, 202(b)(1)(B), 110 Stat. 56 (1996) (codified at 47 C.F.R. 73.3555(a)(1)(ii)), in a radio  X4market with between 30 and 44 commercial radio stations a party may own, operate, or  X4control up to seven commercial radio stations, not more than four of which are in the same  X4service (AM or FM). QueenB's proposed ownership of five commercial radio stations, two  X4FM and three AM, in this market complies with the numerical local ownership cap.  X~414. In addition, staff analysis indicates that KTRW(AM) garners 0.7 percent of the  Xg4advertising revenue in the Spokane market, KXLYFM, 4.9 percent, KXLY(AM), 5.2 percent,  XP4and KZZUFM, 9.2 percent. KKPL(AM), silent from September 6, 1993 until February 7,  X941997, garners no advertising revenue. 9Ĩ O4ԍ#X\  P6G; P#Advertising revenue data is obtained from BIA Publications, Inc.'s Radio Master Access data base.# x6X@`7iX@# This combined 20 percent of the radio advertising  X"4revenue in the Spokane market does not raise a concern that QueenB could impede  X 4competition in that market. See  Shareholders of Citicasters, Inc., FCC 96380 at paras. 2223  X4(released September 17, 1996). We conclude that, with respect to local radio ownership,  X4nothing in the record in this case suggests that QueenB's acquisition of KKPL would be  X 4inconsistent with the public interest.  X!4"!0 0*%%JJ? "Ԍ X4 15.  OnetoaMarket Waiver.  In considering the current request for a permanent waiver we  X4will follow the policy established in recent cases governed by the ownership standards adopted  X4in the Telecommunications Act of 1996. See Maximum Media, Inc., FCC 9777 (released  X4March 7, 1997); Stockholders of Infinity Broadcasting Corp., FCC 96495 (released December  X426, 1996); see also S.E. License G.P., FCC 96464 (released November 27, 1996);  X4Shareholders of Citicasters, Inc., FCC 96380 (released September 17, 1996). In these cases,  Xw4we declined to grant requested permanent waivers of the onetoamarket rule where an  X`4applicant would exceed the local radio ownership cap permitted before the  XI4Telecommunications Act of 1996 was enacted. We also concluded, however, that temporary  X24waivers of the onetoamarket rule pending our resolution of the onetoamarket issues  X 4raised in the television ownership rulemaking proceeding, in which the Commission is  X 4considering eliminating or modifying the onetoamarket rule (Second Further Notice of  X 4Proposed Rulemaking, slip op. at 35) was justified in the particular circumstances of those  X 4cases and would not, given their limited duration, unduly affect competition and diversity in  X 4the relevant markets. For the same reasons, we conclude that a permanent, unconditional  X 4waiver would not be appropriate here. QueenB has, however, demonstrated sufficient grounds  X4for us to grant a waiver conditional on the outcome of the rulemaking proceeding.  Xc416.  Standard for Consideration.   QueenB requests waiver of our onetoamarket rule on  XM4the basis that it is a "failed" station or, in the alternative, on the basis that it satisfies our case X64bycase criteria. We conclude that KKPL does not qualify as a "failed" station under Section  X473.3555 n.7. To support a waiver request under the "failed station" standard, the Commission  X4stated that applicants "would first be required to provide relevant documentation, i.e., proof of  X4the length of time that the station has been offair, or proof that it is involved in bankruptcy  X4proceedings."  Id. KKPL had been off the air for over three years, but was able to and did  X4resume onair operations as of February 7, 1997 in order to comply with the  X4Telecommunications Act of 1996 mandate that it do so by February 8, 1997 or lose its  X4license. Additionally, KKPL's seven requests for special temporary authority ("STA") to  X~4remain silent cited delays in constructing a tower, not financial difficulties, as its reason to  Xg4remain off the air. gĨ O4ԍ#]\  PC P#In the first request for an STA for KKPL to remain silent on September 23, 1993, Silverado Broadcasting Company, KKPL's thenlicensee, stated that KKPL was taken off the air on or about September 6, 1993 "so that work could begin on installing the new facilities for Station KAQQ(AM), Spokane, Washington, that Silverado has been authorized to construct at the KKPL site," and that the proposed sale of KKPL to Concrete River, the assignor in the instant case, was currently pending before the Commission. KKPL could not broadcast, according to the request, because the antenna system at the KKPL site was not designated to accommodate the operations of both KKPL and KAQQ, and Concrete River intended to relocate KKPL's facilities following the closing on the proposed assignment of KKPL's license. In its November 29, 1994 letter requesting an STA to remain silent, granted December 15, 1994, licensee Concrete River requested to remain silent pending approval of its applications for a construction permit to relocate KKPL. In its third request on March 10, 1995, granted March 17, 1995, Concrete River cited the continuing pendency of its construction"$ 0*%%$" permit application. In its fourth STA extension request on June 6, 1995, and its fifth request on September 25, 1995 Concrete River again cited the continuing pendency of the construction permit application. Concrete River in both its June 4, 1996 and December 12, 1996 STA requests cites its "ongoing project to relocate the station to a new tower location" as its reason to remain silent.   When, as here, there is clear evidence in the record that the station's"g0*%%JJ0"  X4silent status was the result of a business decision based on reasons other than financial  X4difficulties, we will not grant a presumptive waiver merely because a station had been off the  X4air for a substantial period of time. See Spectrum Radio, Inc., 1997 WL 40179, FCC 9713  X4(released February 4, 1997). We conclude that KKPL's longtime silent status was the result  X4of construction delays rather than financial inability to resume operations and, coupled with  X4the fact that KKPL has returned to the air, QueenB is not entitled to a presumptive waiver  Xv4under the "failed station" standard.  X_4  XH4 17.  As KKPL is not a "failed" station, we would generally evaluate this case under the more  X14rigorous casebycase standard, as set forth in the Second Report and Order. See Revision of  X 4Radio Rules and Policies (Recon.), 7 FCC Rcd 6387, 6394 n. 40 (1992). See also REP  X 4WWBB G.P., 1996 WL 683741, FCC 96463 (released November 27, 1996); Moosey  X 4Communications, Inc., 8 FCC Rcd 5247 (1993). QueenB asserts, however, that market  X 4conditions in Spokane have not changed appreciably in the year since we determined that  X 4QueenB's existing onetoamarket waiver would not create any undue concentration of  X 4ownership or control of broadcast media in the Spokane market (Cf. DeArias, 11 FCC Rcd at  X43662) and that the market therefore does not now merit significant additional scrutiny.  Xy4QueenB also states that acquisition of KKPL will not alter the structure of the market because  Xb4KKPL was silent from September 6, 1993 until February 7, 1997, and had no share of the  XK4market during that time.  X418. We disagree with QueenB's contention that our 1996 waiver grant lowers the standard of  X4scrutiny for the present waiver request. The 1996 waiver did not address additional  X4acquisitions and did not consider the impact of the ownership of a third same service radio  X4station by the licensee. The previous waiver request was necessary because QueenB proposed  X4the common ownership of two AM stations (KXLY and KTRW), two FM stations (KXLY  X4and KZZU), and a VHF station (KXLYTV) in the same market. QueenB now proposes to  X4acquire an additional AM station, KKPL, whose relevant contour is entirely encompassed by  X|4that of KXLYTV. Thus, grant of the subject application would create a new radiotelevision  Xe4combination that clearly was not before us when the 1996 waiver was granted. See Moosey  XN4Communications, Inc. 8 FCC Rcd at 5247. We will, therefore, scrutinize QueenB's waiver  X74request by fully applying the standard casebycase analysis.  X 419.  CasebyCase Standard.  In evaluating a request for a waiver of the onetoamarket rule,  X4the Commission' goal "is to permit the public to benefit from such efficiencies of operation as  X4may be achieved through the use of common facilities and staff consistent with the"0*%%JJQ"  X4maintenance of diversity and vigorous competition within the market areas involved." Second  X4Report and Order Recon., 4 FCC Rcd at 6491. In the past, the Commission has held that  X4significant cost savings and economies of scale are "precisely the type of public interest  X4benefit from common station ownership which [the Commission] envisioned as warranting a  X4waiver of the onetoamarket rule...." Great American Television and Radio Co., Inc., 4 FCC  X4Rcd 6347, 6349 (1989). QueenB demonstrates that acquisition of KKPL will create  Xv4efficiencies resulting in significant cost savings and the potential for enhanced programming  X_4and service benefits. In particular, the licensee states that it would save approximately  XH4$602,000 annually and would use this money to enhance programming, including  X14programming directed toward segments of the population whose interests are currently  X 4underrepresented by Spokane broadcast outlets. Further, after the consummation of the  X 4transaction, KKPL will have access to the local news gathering resources of QueenB's other  X 4radio and television stations. Finally, the station to be acquired by QueenB was until recently  X 4(February 7, 1997) silent, and QueenB provides assurance that it will keep the station on  X 4the air.  X420.  With respect to the types of facilities involved, the Commission's "concern with the types  X{4of facilities merging under the authority of a onetoamarket waiver reflects our interest in  Xd4assessing the potential impact of a proposed combination of stations in a given market in  XM4order that we might predict and avoid any significant adverse effect on diversity or  X64competition from too powerful a combination." Great American Television and Radio Co.,  X4Inc., 4 FCC Rcd at 634950. Regarding QueenBs media holdings, we note that QueenB and  X4its parents would own three AM stations and two FM stations in the Spokane market, in  X4addition to KXLYTV. Nevertheless, we find that the proposed combination would not create  X4undue concentration of ownership and control in the Spokane market.oĨ OS4ԍ#]\  PC P#As to the market definition within which to count the number of broadcast stations in the context of a onetoamarket waiver, the Commission considers "the relevant TV metro market for radio stations and the  yO'relevant ADI [Arbitron Area of Dominant Influence] TV market for TV stations." Second Report and Order at 1760 n.101. However, since Arbitron no longer compiles ADI data, we now accept showings using the Nielsen  yO'DMA in determining the number of broadcast "voices" in the relevant market. See Media/Communications  yOK'Partners L.P., 10 FCC Rcd 8116 n.3 (1995). See also Further Notice of Proposed Rulemaking, 10 FCC Rcd  yO'3524, 3539 n.59 (1995).# x6X@KiX@#o There are currently  X4 41 radio stations (AM and FM) in the market, including those associated with QueenB, and  X422 of those stations are separately owned. There are also nine separately owned fullpower  X4television stations in addition to KXLYTV. The acquisition of KKPL(AM) would reduce the  X~4number of separately owned radio stations to 21 and have no impact on the number of  Xg4separately owned television stations. The market would therefore remain competitive. As  XP4discussed above, o ur independent query indicates that KXLYTV garners 27 percent of the  X94advertising revenue in the Spokane market in 1995 and that, together, the five radio stations"90*%%JJ"  X4and KXLYTV receive a combined television and radio advertising share of 14.2 percent . Ĩ Oy4ԍ#X\  P6G; P#Advertising revenue data is obtained from BIA Publications, Inc.'s Radio Master Access and  yOQ'Television Master Access data bases.# x6X@`7iX@#   X4These figures are consistent with cases previously approved.  X421. While QueenB's commonly owned facilities will be significant in technical terms,  X4comparable competing facilities exist. Moreover, QueenB has demonstrated that there are  X4economic efficiencies and program service benefits to be gained that support grant of a  Xv4waiver. With respect to financial conditions, as stated earlier, there is no showing that  X_4 KKPL(AM) is in financial distress. However, we previously have indicated that not all five  XH4factors need be present to justify grant of a waiver. Second Report and Order Recon. at 6491.  X14We also have granted a number of onetoamarket waivers where there was no finding that  X 4any of the stations were in financial distress. See, e.g., DeArias at 3662; Alta Gulf FM, Inc.,  X 4FCC Rcd 7750, 7751 (1995), Henry Broadcasting Co., 11 FCC Rcd 1175 (1995); Atlantic  X 4Morris Broadcasting, Inc., 10 FCC Rcd 9495 (1995) ; Secret Communications Ltd., 10 FCC  X 4Rcd 6874 (1995).  X 422. We conclude, based on the record, that granting a temporary, conditional waiver will not  X4unduly affect competition or diversity in the Spokane market. The market is both diverse and  Xy4competitive. While QueenB's commonly owned facilities are technically significant,  Xb4competing facilities do exist. Moreover, QueenB has demonstrated that there are economic  XK4efficiencies and program service benefits to be gained that support grant of a temporary,  X44conditional waiver.  X49L  Ordering Clause ă  X423. Accordingly, IT IS ORDERED, that the request for a permanent waiver of the  X4Commission's onetoamarket rule, 47 C.F.R. 73.3555(c), to permit common ownership of  X4stations KTRW(AM), KZZUFM, KXLY(AM), KXLYFM, and KXLYTV, Spokane,  X4Washington, and KKPL(AM), Opportunity, Washington, IS HEREBY DENIED.  Xf424. IT IS FURTHER ORDERED, that a temporary waiver to permit common ownership of  XO4stations KTRW(AM), KZZUFM, KXLY(AM), KXLYFM, and KXLYTV, Spokane,  X84Washington, and KKPL(AM), Opportunity, Washington, IS HEREBY GRANTED, subject to  X!4the outcome in the television ownership rulemaking proceeding, Review of the Commission's  X 4Regulations Governing Television Broadcast Ownership, Second Further Notice of Proposed  X4Rulemaking, MM Docket Nos. 91221 & 878, FCC 96438 (released November 7, 1996).  X 425. IT IS FURTHER ORDERED, that, having found the applicants fully qualified and that  X!4the grant of application would serve the public interest, the application to assign the license of"!00*%%JJ "  X4KKPL(AM), Opportunity, Washington, from Concrete River Associates, L.P., to QueenB  X4Radio, Inc. (File No. BAPL961218GM) IS HEREBY GRANTED.  X4"0*%%JJ"  X426. IT IS FURTHER ORDERED, that, should divestiture be required as a result of the  X4resolution of the television ownership rulemaking proceeding, QueenB Radio, Inc. and/or its  X4related companies are directed to file an application for Commission consent to sell the  X4necessary station(s) within six months from the release of the Orders in those proceedings.  X4  Xv4 hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqWilliam F. Caton ` `  hhCqActing Secretary