WPCd2 2BJZ Courier3|j?x6X@`7X@HP LaserJet 4M (PCL)ROOM 712HPLA4MP0.PRSx  @\PX@266 ZFKK3|jHP LaserJet 4M (PCL)ROOM 712HPLA4MP0.PRSXj\  P6G;\PXP"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN*K,\."i~'^#)0<8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""permit common ownership of WXIATV and WMAZTV. See Review of the Commission's  V4-  Regulations Governing Television Broadcasting, Second Further Notice of Proposed Rule Making,  X-  FCC 96438 (released November 7, 1996) (Television Ownership Second Further Notice). In   light of that proposed rule making, Gannett requests extension of its divestiture period to permit   Ka conditional duopoly waiver, to allow common ownership of WMAZTV and WXIATV, subject to the outcome of the Commission's local television ownership rulemaking proceeding.  X- | 2.Currently, the Commission is reexamining its broadcast television ownership policies,   Nincluding the duopoly rule. In January 1995, the Commission proposed a new analytical  X~-  framework within which to evaluate our broadcast television ownership rules. See Review of the   Commission's Regulations Governing Television Broadcasting, Further Notice of Proposed Rule  XR!-  Making, 10 FCC Rcd 3524 (1995) (Television Ownership Further Notice). Subsequent to the  X="-  krelease of that Television Ownership Further Notice, Congress directed the Commission to  X(#-  conduct a rulemaking proceeding to determine whether to retain, modify or eliminate existing   limitations on the number of television stations that an entity may control within the same  X$-  television market.  See Section 202(c) of the Telecommunications Act of 1996, Pub. L. No. 104"$ ,))ZZ#"ԫ  M104, 110 Stat. 56 (Feb. 8, 1996) (Telecomm Act). In response to this Congressional directive  X-  in the Telecomm Act and to update the record, the Commission released the Review of the   MCommission's Regulations Governing Television Broadcasting, Second Further Notice of  X-  Proposed Rule Making, FCC 96438 (released November 7, 1996) (Television Ownership Second  X-  Further Notice). In that Second Further Notice, the Commission tentatively concluded to   -authorize common ownership of television stations that are in separate Designated Market Areas  X|-  L(DMAs) and whose Grade A contours do not overlap. Television Ownership Second Further  Xg-Notice at 57.  X;- 3.The Commission stated in the Television Ownership Second Further Notice that it will be   inclined during the pendency of the television ownership proceeding to grant duopoly waivers   involving stations in different DMAs with no overlapping Grade A contours, conditioned on   coming into compliance with the outcome of the proceeding within six months of its conclusion.   It also noted its tentative conclusion that the record in that proceeding "supports relaxation of the   geographic scope of the duopoly rule from its current Grade B overlap standard to a standard  X -  based on DMAs supplemented with a Grade A overlap criterion." Id. at 57. The Commission   further stated that "we do not believe granting waivers satisfying the proposed standard, and   conditioning them on the outcome of this proceeding, will adversely affect our competition and  Xp-  diversity goals in the interim." Id. Additionally, the Commission gave the staff delegated  X[-authority to act on applications seeking waivers consistent with this interim policy. Id.  X/- @4.In Multimedia, Inc. the Commission determined that Gannett's request for temporary   waiver of the duopoly rule to permit common ownership of WMAZTV and WXIATV was in   the public interest. We based that determination on the proposal's consistency with the factors  X-  set out in our previous duopoly waiver cases.  See, e.g., Iowa State University, 9 FCC Rcd at   L48788. Specifically, the Commission took into account the numerous other television stations   Kand other broadcast services in the overlap area, as well as the distinctness of the markets served   by the two stations. The Commission noted that WMAZTV is licensed to Macon, the 124th   ranked DMA while WXIATV is licensed to Atlanta, which is ranked 10th. The Commission also   looked at the extent of the overlap, which represented 21% of the service area and 21% of the   population within the WMAZTV Grade B contour and 18% of the service area and 4% of the  XM-  population with the WXIATV Grade B contour, and noted that although not de minimis, the   Loverlap was not so large as to require a finding that the stations served substantially the same   area. Accordingly, we granted the parties twelve months to divest station WMAZTV and to come into compliance with our rules.  X - 5.With regard to the current request for conditional waiver, Gannett has submitted an   engineering exhibit which shows that the predicted Grade A contours of stations WXIATV and   WMAZTV do not overlap. Also, as stated in its original duopoly request, stations WXIATV  X#-  and WMAZTV are located in the separate DMAs of Atlanta and Macon, respectively. See also  X$-  Multimedia, Inc. 11 FCC Rcd at 4886. Pointing to KNSD License, Inc., DA 961848 (released   November 7, 1996), Gannett argues that it would be "anomalous and unreasonable" to require   divestiture here while the Commission has permitted similarly situated parties to obtain and hold"V&,-(-(ZZ$"  X-the same type of common ownership pending resolution of the rulemaking proceeding. "Q {Oy-  ԍ In KNSD, License Inc., the Commission granted a conditional waiver of the duopoly rule, subject to the   outcome of the pending television ownership rulemaking, to permit common ownership of two stations whose Grade   JB contours overlapped. The Commission found this proposed common ownership to be consistent with the interim policy because the two stations were in separate DMAs and their Grade A contours did not overlap.   X-  X- / 6. Based on the Commission's interim ownership policy outlined in the Television Ownership  X-  <Second Further Notice, we believe grant of conditional waiver of the duopoly rule, subject to the   Moutcome of the pending ownership rulemaking, is justified. Because the two stations are in   Mseparate DMAs and the stations' Grade A contours do not overlap, the continued common   ownership of WXIATV and WMAZTV is consistent with the interim policy set forth in the  Xc-  Television Ownership Second Further Notice. See also WHOATV, Inc., FCC 96458 at  1213;   L27 (released December 10, 1996). Moreover, our examination of the record, including Gannett's   original waiver request, reveals nothing suggesting that we should not follow the established   Zinterim policy in this case. Accordingly, we conclude that grant of temporary waiver, conditioned   upon the resolution of the pending broadcast television ownership rulemaking, will serve the public interest, convenience and necessity.  X - 7.Accordingly, IT IS ORDERED, That the request for a conditional waiver of the television   duopoly rule, Section 73.3555(b) of the Commission's rules, to permit the common ownership   by Gannett Co, Inc. of television stations WXIATV, Atlanta, Georgia and WMAZTV, Macon,   KGeorgia IS GRANTED, subject to the outcome of the Commission's pending broadcast ownership  Xh-  rulemaking, (Second Further Notice of Proposed Rulemaking, in MM Docket No. 91221 and 87  [8). Should divestiture be required as a result of that proceeding, the licensee is directed to file,   within six months from the release of the final order in MM Docket No. 91221 and 878, an   application for Commission consent to dispose of such station(s) as would be necessary for Gannett Co., Inc. to come into compliance with the rules as provided in the final order.  h FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau  h           pX` hp x (#%'0*,.8135@8: