******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** 1. Before the Federal Communications Commission Washington, D.C. 20554 In re Applications of ) ) File Nos. BAL, BALH, PAXSON COMMUNICATIONS ) BAPLH-970627GE, GG-GT, GV-HS CORPORATION ) and HU-HX (Assignor) ) ) and ) ) CLEAR CHANNEL METROPLEX ) LICENSES, INC. ) (Assignee) ) ) For the Assignment of the Licenses of: ) WTLK-FM, Ponte Vedra Beach, Florida ) WILV-FM, St. Petersburg, Florida ) WTKS(FM), Cocoa Beach, Florida) WSHE(FM), Orlando, Florida ) WPLL(FM), Fort Lauderdale, Florida ) WNLS(AM), Tallahassee, Florida) WTNT(FM), Tallahassee, Florida) WSNI(FM), Thomasville, Georgia) WXSR(FM), Quincy, Florida ) WJZT(FM), Midway, Florida ) WPAP-FM, Panama City, Florida ) WPBH(FM), Parker, Florida ) WTKX-FM, Pensacola, Florida ) WDIZ(AM), Panama City, Florida) WFSY(FM), Panama City, Florida) WSHF(FM), Mexico Beach, Florida ) ) L. PAXSON, INC. ) ) and ) ) CLEAR CHANNEL METROPLEX ) LICENSES, INC. ) (Assignee) ) ) For the Assignment of the Licenses of: ) WZNZ(AM), Jacksonville, Florida ) WNZS(AM), Jacksonville, Florida ) WROO(FM), Jacksonville, Florida ) WPLA(FM), Callahan, Florida ) WPTN(AM), Cookeville, Tennessee ) WGSQ(FM), Cookeville, Tennessee ) WHUB(AM), Cookeville, Tennessee ) WGIC(FM), Cookeville, Tennessee ) WFKZ(FM), Plantation Key, Florida ) WAVK(FM), Marathon, Florida ) WKRY(FM), Key West, Florida ) WHPT(FM), Sarasota, Florida ) WZTM(AM), Largo, Florida ) WSJT(FM), Lakeland, Florida ) WWNZ(AM), Orlando, Florida ) WJRR(FM), Cocoa Beach, Florida) WMGF(FM), Mount Dora, Florida ) WFTL(AM), Fort Lauderdale, Florida ) WINZ(AM), Miami, Florida ) WZTA(FM), Miami Beach, Florida) WIOD(AM), Miami, Florida ) WLVE(FM), Miami Beach, Florida) WQTM(AM), Pine Hills, Florida ) WFSJ-FM, St. Augustine, Florida ) ) LWP RADIO, INC. ) (Assignor) ) ) and ) ) CLEAR CHANNEL METROPLEX ) LICENSES, INC. ) (Assignee) ) ) For the Assignment of the Licenses of: ) WBZT(AM), West Palm Beach, Florida ) WKGR(FM), Fort Pierce, Florida) WOLL(FM), Riviera Beach, Florida ) ) ) CAPITOL BROADCASTING ) File Nos. BAL, BALH-970408GO- GT COMPANY, L.L.C. ) (Assignor) ) ) and ) ) CLEAR CHANNEL RADIO ) LICENSES, INC. ) (Assignee) ) ) For the Assignment of the licenses of ) WNTM(AM), Mobile, Alabama ) WMXC-FM, Mobile, Alabama ) WKSJ-FM, Mobile, Alabama ) WRKH(FM), Mobile, Alabama ) WDWG-FM, Atmore, Alabama ) WKSJ(AM), Pritchard, Alabama ) MEMORANDUM OPINION AND ORDER Adopted: November 20, 1997 Released: November 21, 1997 By the Chief, Mass Media Bureau: 1. The Commission, by the Chief, Mass Media Bureau, acting pursuant to delegated authority, has before it for consideration: (1) the above-captioned applications for consent to assign the licenses of 43 radio stations ultimately controlled by Lowell W. Paxson (Paxson) to Clear Channel Metroplex Licenses, Inc., a wholly-owned subsidiary of Clear Channel Communications, Inc. (Clear Channel); Clear Channel's requests for waiver of 47 C.F.R.  73.3555(c), the Commission's one-to-a-market rule, in connection with its acquisition of Paxson stations in Pensacola, Florida area and in the Jacksonville, Florida area; (3) the above-captioned applications for consent to assign the licenses of six radio stations in the Mobile, Alabama area from Capitol Broadcasting Company, L.L.C. (Capitol), to Clear Channel Radio Licenses, Inc., which is controlled by Clear Channel; (4) Clear Channel's uncontested request for waiver of the one-to-a-market rule, 47 C.F.R.  73.3555(c), in connection with its acquisition of Capitol's stations in Mobile. Clear Channel's applications to acquire stations from both Paxson and Capitol in Pensacola and Mobile are being considered together because Clear Channel is the licensee of a television station in the Mobile, Alabama/Pensacola, Florida market and has requested one-to-a-market waivers in connection with each transaction. Timely petitions to deny the applications to assign Paxson's radio stations to Clear Channel were filed on July 30, 1997, by Craig B. Clayton, Sr. Clayton opposed these transactions based on allegations concerning Paxson's compliance with the Commission's Equal Employment Opportunity rules and policies, and did not specifically challenge the requested one-to-a- market waivers or any aspect of Clear Channel's compliance with the multiple ownership rules. Accordingly, Clayton's petitions were considered separately by the Mass Media Bureau. The Bureau issued a Memorandum Opinion and Order under delegated authority dismissing Clayton's petitions based on his failure to demonstrate standing to file petitions to deny these transactions. The Bureau also considered Clayton's petitions as informal objections pursuant to 47 C.F.R.  73.3587, finding that Clayton failed to raise substantial and material questions of fact concerning either Paxson's compliance with the EEO rules or Paxson's qualifications. See Memorandum Opinion and Order, (MMB Nov. 4, 1997). BACKGROUND 2. Clear Channel controls the licensee of UHF television station WPMI-TV, Channel 15, Mobile, Alabama, an NBC affiliate, in the Mobile, Alabama/Pensacola, Florida DMA. Clear Channel also provides programming to another UHF television station in the market, WJTC-TV, Channel 44, Pensacola, Florida, an affiliate of the UPN network. Clear Channel proposes to acquire a total of seven stations in the Mobile/Pensacola market -- two AM stations and four FM stations controlled by Capitol and one FM station controlled by Paxson. The stations that Clear Channel will acquire from Capitol are: WNTM(AM), WMXC(FM), WKSJ-FM, WRKH(FM), Mobile, Alabama; WDWG-FM, Atmore, Alabama; and WKSJ(AM), Pritchard, Alabama. Clear Channel proposes to acquire WTKX-FM, Pensacola, Florida from Paxson. The Grade A contour of WPMI-TV encompasses the communities of license of all of these radio stations. 3. In Jacksonville, Florida, which is part of the Jacksonville/Brunswick, Georgia DMA, Clear Channel controls the licensee of UHF television station WAWS-TV, Channel 30, a Fox affiliate and also provides programming to UHF television station WTEV-TV, Channel 47, Jacksonville, Florida, a UPN affiliate. Clear Channel proposes to acquire two AM stations and four FM stations from Paxson in the Jacksonville area. Those stations are: WZNZ(AM), WNZS(AM), and WROO-FM, Jacksonville; WTLK-FM, Ponte Vedra Beach, Florida; WPLA(FM), Callahan, Florida; and WFSJ-FM, St. Augustine, Florida. The Grade A contour of WAWS-TV encompasses the communities of license of all of these Jacksonville radio stations. 4. Because the Grade A contours of Clear Channel's television station in Mobile/Pensacola and its television station in Jacksonville/Brunswick totally encompass the communities of license of the radio stations that Clear Channel proposes to acquire in each respective market, Clear Channel has, in each case, requested waivers of the Commission's one-to-a-market rule, which would otherwise prohibit common ownership of radio and television station combinations in these markets. See 47 C.F.R.  73.3555(c). 5. In addition, Clear Channel's proposal to acquire more than one same-service radio station in Mobile/Pensacola and in Jacksonville implicates the local radio ownership rules. Moreover, Clear Channel proposes to acquire Paxson stations in areas of Florida where it currently controls radio stations, namely, in local radio markets in and around Miami, Fort Lauderdale, West Palm Beach, Orlando, Tampa, St. Petersburg and Fort Myers. Clear Channel is also acquiring existing Paxson station groups in Cookeville, Tennessee and in Tallahassee and Panama City, Florida, where it does not have any broadcast interests. Clear Channel has submitted showings to demonstrate that its acquisition of these stations is in compliance with the local radio ownership rules, 47 C.F.R.  73.3555(a). For the reasons that follow, we will grant Clear Channel's request for one-to-a-market waivers in Mobile/Pensacola and in Jacksonville/Brunswick, conditioned on the outcome of the pending television ownership proceeding, see Review of The Commission's Regulations Governing Television Broadcast Ownership in MM Docket Nos. 91-221 and 87-8, 11 FCC Rcd 21,655 (1996)(Second Further Notice in the Television Ownership Proceeding), and the pending attribution proceeding, See Further Notice of Proposed Rule Making in MM Docket Nos. 94-150, 92-51 and 87-154, 11 FCC Rcd 19,895 (1996)(Attribution Further Notice). We will also grant the assignment applications to enable Clear Channel to acquire the above-captioned stations from Paxson and Capitol. However, as discussed below, Clear Channel's radio acquisitions in Mobile/Pensacola will be conditioned on its termination of a radio local marketing agreement and its radio acquisitions in Miami will be conditioned on the outcome of the attribution proceeding. See  21, 36- 37. ONE-TO-A-MARKET WAIVER SHOWINGS 6. Clear Channel bases its requests for a one-to-a-market waivers on the standards adopted in the Second Report and Order in MM Docket No. 87-7, 4 FCC Rcd 1741 ("Second Report and Order"), recon. granted in part, denied in part, 4 FCC Rcd 6489 (1989) ("Second Report and Order Recon."). Under these criteria, the Commission presumptively favors waiver requests involving station combinations serving the top 25 markets where there remain at least 30 separately owned, operated and controlled broadcast licensees or "voices" after the proposed combination is consummated ("top 25 market/30 voice" standard). The Commission also favors requests involving "failed" broadcast stations, that is, stations that have not been operating for a substantial period of time, e.g., four months, or that are involved in bankruptcy proceedings. See 47 C.F.R.  73.3555 note 7. Waiver requests not eligible for consideration under either the "top 25 market/30 voice" standard or the "failed station" standard are evaluated under the more rigorous case-by-case standard, as set forth in the Second Report and Order. 7. Neither the Mobile/Pensacola market nor the Jacksonville/Brunswick market is ranked in the top 25 television markets, and there is no contention that Clear Channel's waiver requests involve "failed" stations. In any event, in each market, Clear Channel's proposed station combination involves the common ownership of a television station and more than one same-service radio station. Consequently, Clear Channel's waiver requests must be evaluated under the case-by-case standard. See Memorandum Opinion and Order in MM Docket 91-140, 7 FCC Rcd 6387, 6394 n.40 (1992)(noting that consideration of one-to-a-market waivers under the case-by-case standard is appropriate where a transaction implicates the local radio ownership limits, pending possible revision of the one-to-a-market rule in the pending television ownership proceeding). See also Moosey Communications, Inc., 8 FCC Rcd 5247 (1993). Under the case-by case standard, the Commission makes a public interest determination using the following criteria: (1) the potential public service benefits of joint ownership of the facilities, such 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) any financial difficulties involving the stations; and (5) the nature of the relevant market in light of the level of competition and diversity after the joint operation is implemented. Second Report and Order, 4 FCC Rcd at 1753-54. Not all five of the factors mentioned are necessarily relevant in each case. See Second Report and Order Recon., 4 FCC Rcd at 6491. In support of its waiver requests, Clear Channel has submitted a showing which addresses the case-by-case factors. 8. Benefits of Joint Operation. Clear Channel asserts that common ownership of its proposed radio-television combinations in Mobile/Pensacola and in Jacksonville/Brunswick will result in substantial cost savings that will, in turn, result in increased public interest programming and enhanced community outreach through the use of shared resources and cross-promotion. Clear Channel estimates that joint ownership of the radio and television stations will result in total annual cost savings of $938,163 in Mobile/Pensacola and $341,000 in Jacksonville/Brunswick. Clear Channel argues that the significant cost savings and economies of scale attributable to combining the stations' operations in these markets are precisely the kind of public interest benefits that justify a waiver of the one-to-a-market rule. 9. In Mobile/Pensacola, Clear Channel intends to combine station facilities, which will allow for annual savings of $215,163. Specifically, Clear Channel estimates savings of $152,163 on rent (including savings of $ 35,563 rent of tower space for WTKX(FM)), and additional annual savings of $63,000 on maintenance and repairs, electricity, and the elimination of redundant production facilities. Additionally, Clear Channel estimates $323,000 in savings on personnel and $400,000 in savings that will result from cross-promotion. 10. In Jacksonville/Brunswick, Clear Channel intends to move the radio stations' facilities, including the stations' towers, to existing sites it already owns. Clear Channel estimates that this consolidation will produce estimated total savings of $263,000 annually. Further savings of $78,000 in personnel costs will be achieved by combining programming personnel for two of the Jacksonville radio stations and by using WAWS-TV's public affairs director for the radio stations. Thus, Clear Channel anticipates total annual savings of $341,000 from joint operation of the Jacksonville/Brunswick stations. 11. Clear Channel also states that the radio stations in its proposed station combinations will have access to the news and public affairs resources of the television stations in the respective station combinations, thereby enabling the radio stations to produce additional public interest programming and to improve the quality of that programming. The station combinations in each market will also be able to participate in joint promotional activities and thus to undertake public service campaigns promoting community events that could not be undertaken by individual stations. In addition, Clear Channel expects to create a new full-time Public Affairs Director position in Mobile/Pensacola, and to assign to the Public Affairs Director the responsibility for monitoring and addressing community needs through responsive public affairs programming. Clear Channel therefore asserts that its proposed combination of radio and television stations in both the Mobile/Pensacola market and the Jacksonville/Brunswick market will lead not only to significant cost savings but also to accompanying program service benefits to the public. 12. Types of Facilities/Other Media Outlets. Clear Channel has described the facilities of the stations that comprise its proposed radio-television combinations in these markets. In Mobile/Pensacola, Clear Channel states that WPMI(TV) operates on UHF channel 15, with 5000 kW authorized power from an antenna height of 521 meters above average terrain. WNTM(AM) operates on 710 kHz with 1 kW of power. WKSJ(AM) operates on 1270 kHz with 5 kW of power during the day and 103 watts of power at night. WKSJ-FM, WMXC(FM), WDWG(FM), WRKH(FM) and WTKX-FM are all Class C FM stations operating with 100 kW of power. WKSJ-FM operates on 94.9 mHz from a 474 meter antenna. WMXC(FM) operates on 99.9 mHz from a 535 meter antenna. WDWG(FM) operates on 104.1 mHz from a 474 meter antenna. WRKH(FM) operates on 96.1 mHz from a 409 meter antenna. WTKX-FM operates on 105.5 mHz from a 405 meter antenna. 13. In Jacksonville/Brunswick, Clear Channel states that WAWS-TV operates on UHF channel 30, with authorized power of 2820 kW from a tower height of 302 meters. WZNZ(AM) operates on 1450 kHz and WNZS(AM) operates on 930 kHz. Both AM stations operate with 5 kW of power during the day and 5 kW during the night. WROO-FM is a Class C station operating with 100 kW of power on 107.3 mHz from an antenna height of 215 meters. WTLK-FM is a 6 kW Class A station, operating on 106.5 mHz from an antenna height of 100 meters. WFSJ-FM and WPLA(FM) are both Class C2 FM stations operating with 50 kW of power. WFSJ-FM operates on 97.9 mHz from a 147 meter antenna and WPLA(FM) operates on 93.3 mHz from a 141 meter antenna. 14. Clear Channel contends that the proposed combinations in these markets will not be dominant from a technical standpoint. In this regard, Clear Channel asserts that its UHF station, WPMI(TV) competes with three VHF stations licensed to the Mobile/Pensacola market. In addition, Clear Channel lists nine FM stations with facilities comparable to those of the FM stations in its proposed Mobile/Pensacola station combination and ten AM stations with comparable or superior facilities to those of the AM stations in its proposed combination in this market. Clear Channel lists three VHF stations licensed to communities in the Jacksonville/Brunswick market that compete with WAWS-TV. In addition, Clear Channel asserts that there are 15 FM stations and 11 AM stations in the Jacksonville/Brunswick market with superior or comparable technical facilities to those in its proposed station combination. Clear Channel argues that given the presence of these comparable or superior station facilities, and the number of independent broadcast "voices" in these markets, the proposed combinations do not present issues of market dominance inconsistent with the public interest. 15. Clear Channel states that it will own no media outlets in the Mobile/Pensacola or Jacksonville/Brunswick markets other than the stations in the proposed radio-television combinations at issue here. However, as set forth above, Clear Channel reports that it provides programming to a UHF television station in each of these markets under local marketing agreements (LMA). In Mobile/Pensacola, Clear Channel's LMA is with WJTC(TV), Pensacola, a UHF station and an affiliate of the UPN network, operating on Channel 44. In Jacksonville/Brunswick, Clear Channel provides programming to WTEV-TV, Jacksonville, a UHF station operating on Channel 47, also a UPN affiliate. Clear Channel asserts that the Commission has held that a same-market television local marketing agreement will not be accorded significance in the analysis of an applicant's request for a one-to-a-market waiver. In addition, Clear Channel notes the low audience share ratings of the UHF stations that it programs. Clear Channel states that there are three other television stations in the Mobile/Pensacola market that have audience share ratings higher than those garnered by WJTC(TV) and that there are three other television stations in the Jacksonville/Brunswick market with audiences shares exceeding the audience shares individually garnered by WAWS-TV, which it owns, and by WTEV-TV, which it programs under the LMA. 16. Also, Clear Channel amended its proposal for the Mobile/Pensacola market to report that it intends to provide programming under a local marketing agreement (LMA) to WYCL(FM), Pensacola, Florida. Paxson controls the licensee of WYCL(FM), but Clear Channel does not currently seek to acquire this station from Paxson. Thus, WYCL(FM) is not part of Clear Channel's proposed station combination in this market. Clear Channel acknowledges that providing programming to WYCL(FM) under the LMA constitutes an attributable ownership interest in that station under the local radio ownership rules. Clear Channel's proposed acquisition of five FM stations in Mobile and Pensacola, in addition to the two AM stations it will acquire, will put it at the numerical limit for FM station ownership in this market. Therefore, if Clear Channel's proposed acquisitions of stations from Paxson and Capitol are approved and consummated, Clear Channel's continued relationship with WYCL(FM) under the LMA would violate the local radio ownership rules. Clear Channel states that at the time that the local marketing agreement with WYCL(FM) would put it in violation of the local radio ownership rules, it will convert the agreement into a joint sales agreement or "take such other action as may be necessary to render its relationship with WYCL(FM) non-attributable." Clear Channel also contemplates entering into a one-year option agreement for the right to purchase WYCL(FM) from Paxson. 17. Economic Status. Clear Channel does not claim that any of the stations in its proposed radio-television combinations is in financial distress. However, Clear Channel asserts that the Commission has granted permanent one-to-a-market waivers in other cases where financial difficulties were not a consideration. Furthermore, Clear Channel argues that consideration of the finances of stations in the proposed combinations under this factor is not entitled to substantial weight because it has made a strong showing that the public interest would otherwise be served by grants of the requested one- to-a-market waivers. 18. Competition and Diversity in the Market. Clear Channel argues that its proposed acquisition of radio stations will have no significant effect on either the available media outlets or the distribution of economic power in these highly competitive markets. Clear Channel also argues that one-to-a-market waivers have been granted under competitive circumstances comparable to those that are present in both Mobile/Pensacola and Jacksonville/Brunswick. Clear Channel states that the Mobile/Pensacola television market is ranked as the 61st largest market in the country. Clear Channel indicates that the market is served by 43 radio stations (22 AM and 21 FM stations) and 12 television stations. According to Clear Channel, if the proposed transactions are approved and consummated, these 55 broadcast stations will represent 42 separate broadcast "voices." Clear Channel also claims that the Mobile/Pensacola market is served by a wide variety of other media, including four daily newspapers, 27 cable systems reaching 70 percent of the market's households, ten low power television stations and three "wireless cable" or Multipoint Multichannel Distribution Service (MMDS) facilities. 19. In addition, Clear Channel states that Jacksonville/Brunswick is the 54th largest television market in the country. Clear Channel indicates that the market is served by 39 radio stations (18 AM and 21 FM stations) and eight television stations. Clear Channel states that if its proposed acquisition of Paxson's stations is approved and consummated, these 47 broadcast stations will represent 30 separately owned broadcast "voices." Clear Channel also states that the market is served by other mass media outlets and lists seven daily newspapers, 13 cable systems reaching 75 percent of the market's households, and MMDS facilities. DISCUSSION 20. Radio Ownership: Mobile/Pensacola and Jacksonville/Brunswick. We turn first to Clear Channel's compliance with our local radio ownership rules, 47 C.F.R.  73.3555(a)(1), in the markets where it is also seeking one-to-a-market waivers. Clear Channel has submitted showings that demonstrate that its proposed radio combinations in both Mobile/Pensacola and Jacksonville/Brunswick have mutually overlapping principal community contours. Clear Channel currently does not control radio stations in Mobile/Pensacola or in Jacksonville/Brunswick. Clear Channel proposes to acquire seven stations in Mobile/Pensacola -- one FM station from Paxson and four FM stations and two AM stations from Capitol. Thus, Clear Channel would control two AM and five FM stations in Mobile/Pensacola. In Jacksonville/Brunswick, Clear Channel proposes to acquire two AM stations and four FM stations from Paxson, for a total of six stations. Our independent analysis of the showings submitted by Clear Channel indicates that there are 45 or more radio stations in the local radio market defined by the mutually overlapping principal community contours of the stations that Clear Channel proposes to acquire in the Mobile/Pensacola area. We have also independently confirmed that there are 37 radio stations in the local radio market defined by the mutually overlapping stations that Clear Channel proposes to acquire in the Jacksonville area. The radio local ownership rules impose numerical restrictions on the number of radio stations in the same service and on the number of radio stations overall which may be commonly owned in proposed local radio markets. Pub. L. No. 104-104,  202(d), 110 Stat. 56 (1996). See Implementation of Section 202(a) and 202(b)(1) of the Telecommunications Act of 1996, 11 FCC Rcd 12,368, 12,370 (1996). Under the local radio ownership rules, as amended by the Telecommunications Act of 1996, in a market with 45 or more commercial radio stations, a party may own up to eight commercial radio stations, not more than five of which are in the same service. In a market with 30-44 commercial radio stations, a party may own up to seven radio stations, not more than four of which are in the same service. 21. Thus, Clear Channel's acquisition of seven stations in Mobile/Pensacola and its acquisition of six stations in Jacksonville/Brunswick would comply with the applicable numerical ownership limits for the number of stations overall and the number of same-service stations. However, as set forth above, Clear Channel has indicated its intention to provide programming under an LMA to a sixth FM station in the proposed local radio market in Mobile/Pensacola. Clear Channel's LMA with this station would constitute an attributable interest in this station and would cause Clear Channel to exceed the applicable limits on same-service station ownership in this market. See 47 C.F.R.  73.3555(a)(3)(i). Clear Channel has pledged to terminate the LMA with WYCL(FM) upon consummation of its acquisition of the Mobile/Pensacola radio stations at issue here. We will impose a condition that requires Clear Channel to terminate any attributable relationship with this station, including the LMA, before or concurrently with consummation of its acquisition of stations in this market. Our review of the record in this case reveals no other circumstances that would preclude grant of the proposed assignments under the radio ownership rules. See, e.g., S.E. Licensee G.P., 11 FCC Rcd 16,727 (1996); Shareholders of Citicasters, Inc., 11 FCC Rcd 19,135 (1996). 22. Television Local Marketing Agreements. Before considering Clear Channel's waiver requests, we must determine what weight, if any, we should accord Clear Channel's existing LMAs with WJCT(TV) in Mobile/Pensacola and with WTEV-TV in Jacksonville/Brunswick. The Commission has addressed this issue in connection with one-to-a-market waiver requests in other markets in which Clear Channel has LMAs with television stations. See, e.g., Samuel M. Altdoerffer, III, 12 FCC Rcd 9945 (1997); REP WWBB G.P., 11 FCC Rcd 19,689 (1996); S.E. Licensee G.P., 11 FCC Rcd 16,727 (1996). Currently, television LMAs are not attributable to the brokering station, nor taken alone, are they considered a "meaningful" relationship within the scope of the cross-interest policy. At present, therefore, we will not accord significance to Clear Channel's existing television LMAs in evaluating its waiver requests in these markets. We note, however, that the Commission has proposed to attribute television LMAs to the brokering station where the stations involved are in the same market and the brokerage arrangement includes more than 15 percent of the brokered station's weekly broadcast hours. Attribution Further Notice, 11 FCC Rcd at 19,908-09 (1996). In addition, the Commission has proposed that any LMA which would be attributable for purposes of the duopoly rule under this approach "would also count in applying our other ownership rules, including for example...the one-to-a-market rule (or radio-television cross-ownership rule)." 11 FCC Rcd at 19,909 (footnotes omitted). And, although the Commission has proposed to grandfather those television LMAs -- such as the LMAs here -- that were entered into prior to the November 5, 1996 adoption date of the Second Further Notice of Proposed Rule Making in the television ownership proceeding, we have also indicated that we would "reserve the right... to invalidate an otherwise grandfathered LMA in circumstances that raise particular competition and diversity concerns, such as those that might be presented in very small markets." See Second Further Notice in the Television Ownership Proceeding, 11 FCC Rcd 21,693-94 (1996). Accordingly, consistent with our treatment of transactions raising similar issues, we will condition the one-to-a-market waivers that we grant here on the outcome of these rulemakings. See REP WWBB G.P., 11 FCC Rcd at 19,693- 94; S.E. Licensee, G.P., 11 FCC Rcd at 16,732. If we establish final rules for attributing and grandfathering LMAs, we would also assess whether the class of transactions involving radio, television and LMA interests, such as those involved in this case, should be permitted to continue. 23. One-to-a-Market Waivers. We now turn to consideration of Clear Channel's one-to-a- market waiver requests. At the outset, we note that Clear Channel does not indicate whether it requests temporary or permanent one-to-a-market waivers in Mobile/Pensacola and Jacksonville/Brunswick. However, Clear Channel's acquisition of radio stations in these markets requires reliance on the statutory radio ownership limitations adopted the Telecommunications Act of 1996 and incorporated in our rules. Issues related to radio/television cross-ownership remain pending in the television ownership proceeding, in which the Commission is considering eliminating or modifying the one-to-a-market rule. Second Further Notice of Proposed Rule Making in the Television Ownership Proceeding, 11 FCC Rcd at 21,685. The Commission has concluded that pending the resolution of the television ownership proceeding, permanent waivers would not be granted for combinations exceeding one television station/two AM stations/two FM stations. Instead, such combinations are eligible for temporary one-to-a-market waivers conditioned on the resolution of the issues raised concerning the one-to-a-market rule in the television ownership proceeding. Conditional waivers may be approved if they are consistent with precedent and if the proposed station combinations will not unduly affect competition and diversity in the relevant markets. S.E. Licensee, G.P., 11 FCC Rcd at 16,732; Shareholders of Citicasters, 11 FCC Rcd at 19,143. We conclude that permanent, unconditional waivers would not be appropriate here, but that Clear Channel has justified grant of temporary, conditional one-to-a-market waivers in Mobile/Pensacola and Jacksonville/Brunswick based on its case-by-case waiver showings. 24. Under the first waiver criterion, the potential public service benefits of joint ownership, the Commission considers the public service benefits that will result from the proposed radio-television combination, such as projected economies of scale, cost savings, and programming and service benefits. Second Report and Order, 4 FCC Rcd at 1753. Clear Channel has demonstrated that there will be significant economies of scale and cost savings from consolidation of station facilities and personnel in both Mobile/Pensacola and Jacksonville/Brunswick. Specifically, Clear Channel estimates total annual savings of approximately $938,163 in Mobile/Pensacola and $341,000 in Jacksonville/Brunswick. In addition, Clear Channel states that the radio-television combinations that it proposes in these markets will undertake cross-promotions. Clear Channel also indicates that the savings it will realize will be translated into program service benefits, including additional and improved public service programming. 25. The second factor in our analysis concerns the types of facilities that Clear Channel owns in each of the markets. In this regard, we must "consider such factors as whether the proposed radio- television combination involves a UHF or VHF TV station or an AM or FM radio station, as well as the size or class of the stations involved." Second Report and Order, 4 FCC Rcd at 1753. In addition, the Commission's concern with the strength of the technical facilities of the stations at issue reflects a continuing concern regarding the potential impact the proposed station combination may have on diversity and competition in the affected market. See, e.g., Louis C. DeArias, Receiver, 11 FCC Rcd 3662, 3666 (1996). In Mobile/Pensacola, Clear Channel will combine its network affiliated UHF television station with five Class C FM stations, the most powerful class of FM stations licensed in Zone II, the geographic designation for FM allocations that includes both markets at issue here. See 47 C.F.R.  73.205. However, Clear Channel's station combination in this market also will include less powerful facilities -- a 5 kW Class B AM station and a 1 kW Class B AM station. In Jacksonville/Brunswick, Clear Channel's proposed station combination consists of a network affiliated UHF station, four FM stations and two AM stations. Of the FM stations that Clear Channel will combine in this market, one is a Class C station, and the remaining three stations are less powerful FM facilities -- two Class C2 facilities and one Class A FM station. The AM stations in this group are 5 kW Class B stations. 26. Although the technical facilities of some of the stations in each of these markets are significant, we find that proposed combinations do not present issues of market dominance inconsistent with our core competition and diversity concerns based upon the presence of comparable competing facilities in both Mobile/Pensacola and Jacksonville/Brunswick. See, e.g., Maximum Media, Inc., 12 FCC Rcd at 3396. Moreover, our independent analysis of both markets indicates that Clear Channel's proposed station combinations will compete with stations with similar technical facilities. Specifically, in Mobile/Pensacola, Clear Channel's UHF television station competes with three VHF stations that are also network affiliates. In addition, there are nine competing Class C FM stations in the market with comparable facilities as well as five AM stations with comparable or superior facilities. In Jacksonville/Brunswick, Clear Channel's UHF television station competes with at least three UHF stations with more powerful facilities, as well as with two network affiliated VHF stations. There are nine FM stations in the market with comparable or superior facilities, and seven comparable AM stations. 27. The third factor requires consideration of Clear Channel's other ownership interests in these markets. As discussed above, Clear Channel intends to provide programming to a Pensacola station not included in its proposed combination in the Mobile/Pensacola market. Clear Channel's LMA with the station constitutes an attributable ownership interest under the local radio ownership rules, and Clear Channel will be required to terminate the LMA before or upon consummation of its acquisition of stations in Mobile/Pensacola in order to comply with the local radio ownership rules. See  21 supra. Clear Channel has no other ownership interests in either Mobile/Pensacola or in Jacksonville/Brunswick. 28. The fourth factor in our analysis of Clear Channel's waiver requests concerns the financial status of the stations involved in each of these radio-television combinations. Clear Channel states that none of the stations it proposes to combine is in financial distress. However, Clear Channel is not required to demonstrate that the stations are experiencing financial difficulties as a precondition to grant of its waiver requests. The Commission has previously granted one-to-a market rule waivers in the absence of financial difficulties. See, e.g., S.E. Licensee G.P., 11 FCC Rcd at 16, 733-34; Shareholders of Citicasters, Inc., 11 FCC Rcd at 19,144-45; Henry Broadcasting Co., 11 FCC Rcd 1175, 1177 (1995); Alta Gulf FM, Inc., 10 FCC Rcd 7750, 7751 (1995); Secret Communications, Ltd., 10 FCC Rcd 6874, 6877-78 (1995); Sunnyside Communications, Inc., DA 97-829 (MMB Apr. 21, 1997). 29. The final factor relates to the level of diversity and competition in the relevant market. Indicia of the level of diversity include the number of broadcast outlets, the number of separately-owned and operated "voices" in the market, and the presence of cable and non-broadcast media. Clear Channel has demonstrated that the proposed radio-television combinations will not create any undue concentration of ownership or control of the broadcast media in Mobile/Pensacola or in Jacksonville/Brunswick. 30. Mobile/Pensacola is ranked as the 61st largest television market. Based upon the showing submitted by Clear Channel, we have independently verified that there are nine UHF stations and three VHF stations in the Mobile/Pensacola DMA and 21 AM stations and 19 FM stations licensed in the Mobile/Pensacola television metro market. In addition, WDWG(FM), one of the FM stations in the proposed combination, is licensed to a community in Escambia County, Alabama, which is located in the Mobile/Pensacola DMA but is not part of the Mobile/Pensacola television metro market or any other defined television metro market. These 53 broadcast stations --41 radio stations, including WDWG(FM), and 12 television stations-- will be licensed to 40 separate owners following consummation of Clear Channel's acquisition of stations from Paxson and Capitol in this market. A wide variety of other media are available, including four daily newspapers, numerous cable television systems with a penetration rate of 70 percent, low power television and MMDS. 31. The Jacksonville/Brunswick market is the 54th largest television market in the country. Our independent analysis of Clear Channel's showing indicates that there are five UHF stations and four VHF stations in the Jacksonville/Brunswick DMA and 16 AM stations and 22 FM stations licensed in the Jacksonville/Brunswick television metro market. These 47 broadcast stations -- 38 radio stations and nine television stations-- will be licensed to 30 separate owners following consummation of Clear Channel's proposed acquisition of Paxson stations. There are also numerous other media outlets available in this market, including seven daily newspapers, MMDS and numerous cable systems with an overall cable penetration rate of 75 percent. Grant of temporary, conditional waivers under the competitive circumstances that exist in Mobile/Pensacola and Jacksonville/Brunswick is clearly within the Commission's one-to-a-market waiver precedent. See, e.g., S.E. Licensee G.P., 11 FCC Rcd at 16,734 ( 42 broadcast stations-- 34 radio and eight television-- representing 27 separate broadcast "voices," cable penetration of 58.1 percent); Moosey Communications, Inc., 8 FCC Rcd 5247, 5249 (1993)(34 broadcast stations-- 30 radio and four television-- representing 24 separate broadcast "voices," cable penetration of 73 percent); Sunnyside Communications, Inc., DA 97-829 (MMB Apr. 21, 1997)(40 broadcast stations-- 31 radio and nine television-- representing 27 separate broadcast "voices," cable penetration of 67 percent). 32. With respect to economic concentration and competition, our independent analysis indicates that the radio stations in these combinations garner 33.3 percent and 17.6 percent of local radio advertising revenue in Mobile/Pensacola and Jacksonville/Brunswick, respectively. In Mobile/Pensacola, WMPI(TV) receives 15.25 percent of the local television advertising revenue, and WAWS-TV, in Jacksonville/Brunswick, receives 15.9 percent of the local television advertising revenue. The radio and television stations together will receive combined television and radio advertising revenue shares of 20.4 percent in Mobile/Pensacola and 16.5 percent in Jacksonville/Brunswick. This level of combined advertising revenue is consistent with revenue levels approved in other temporary, conditional one-to-a- market waivers. See, e.g., S.E. Licensee G.P., 11 FCC Rcd at 16, 734 (40.4 percent of radio advertising revenue and 24.2 percent of combined television and radio advertising revenue in 42nd television market); Triathlon Broadcasting of Little Rock Licensee, Inc., DA 97-1979 (MMB Sept. 16, 1997)(44.4 percent of radio advertising revenue and 24.97 percent of combined television and radio advertising revenue in 57th television market). 33. We conclude, based on the record, that approval of temporary, conditional waivers in Mobile/Pensacola and Jacksonville/Brunswick are appropriate. These markets are both diverse and highly competitive. Although some of Clear Channel's commonly-owned facilities in each of these markets are technically significant, competing facilities do exist. Moreover, grant of the waivers will result in economic efficiencies and facilitate enhanced public interest programming. On balance, we are persuaded that the public benefits to be derived from common ownership of stations in Mobile/Pensacola and in Jacksonville/Brunswick would outweigh any negative effect on competition and diversity and, therefore, that grant of temporary, conditional waivers of the one-to-a-market rule is justified. 34. Radio Ownership: Miami-Fort Lauderdale-West Palm Beach We now consider Clear Channel's compliance with the local radio ownership rules in connection with its acquisition of Paxson stations outside markets that require waiver of the one-to-a-market rule. Clear Channel controls the licensee of two FM stations, WHYI(FM) and WBGG(FM), both in Fort Lauderdale. Clear Channel proposes to acquire from Paxson the following ten stations -- four AM stations and six FM stations-- licensed to communities in and around Fort Lauderdale, Miami and West Palm Beach: WBZT(AM), West Palm Beach; WOLL(FM), Riviera Beach, Florida; WKGR(FM), Fort Pierce, Florida; WFTL(AM), WPLL(FM), both in Fort Lauderdale; WINZ(AM), WIOD(AM), both in Miami; WZTA(FM), WLVE- FM, both in Miami Beach; and WFKZ(FM), Plantation Key, Florida. Paxson's ten stations do not all mutually overlap; nor do Clear Channel's two Fort Lauderdale stations mutually overlap with all of the stations that it seeks to acquire from Paxson. A local radio market is defined by the area encompassed by the principal community contours of the mutually overlapping stations proposed to be co-owned. See Implementation of Section 202(a) and 202(b)(1) of the Telecommunications Act of 1996, 11 FCC Rcd 12,368 (1996). Because not all of the radio stations that Clear Channel proposes to own in this area mutually overlap, we have evaluated Clear Channel's showing and have determined that Clear Channel's proposed commonly owned stations constitute six local radio markets, each composed of stations with mutually overlapping principal community contours. In addition, we have determined that there are 45 or more radio stations in each of these six markets. As discussed supra, in radio markets of 45 or more stations, ownership of up to eight radio stations is permitted, so long as no more than five of those stations are in the same service. Based on these six identified local radio markets, Clear Channel's common ownership of stations in the Miami-Fort Lauderdale-West Palm Beach area does not exceed the applicable overall numerical ownership limit of eight stations or the five station limitation on same service station ownership. In this regard, Clear Channel's overall radio ownership in any one of the six local radio markets will not exceed a total of eight stations, and there are no more than five same-service stations in any one of the markets. 35. However, we note that Clear Channel has reported that one of its affiliated entities, Clear Channel Radio, Inc., holds a 32.3 percent non-voting, equity interest in Heftel Broadcasting Corporation (Heftel). Heftel controls the licenses of four radio stations in the Miami area: WQBA(AM), WAMR(FM), WAQI(AM), all Miami, Florida, and WRTO(FM), Goulds, Florida. Clear Channel's interest in these stations currently is not cognizable under the Commission's attribution rules, and thus these stations are not counted when determining whether Clear Channel complies with the numerical ownership limits of the radio local ownership rules in relevant local radio markets in Miami. See 47 C.F.R.  73.3555 note 2(f). Consequently, Clear Channel's acquisition of Paxson's stations in this area complies with the numerical limits of the local radio ownership rules. 36. Moreover, the application of the Commission's cross-interest policy does not prohibit combined ownership of radio stations in Miami and Clear Channel's non-voting equity interest in additional stations there. The cross-interest policy prevents entities from having "meaningful" interests in broadcast stations that serve "substantially the same area." Notice of Proposed Rule Making in MM Docket Nos. 94-150, 92051 and 87-154, 10 FCC Rcd 3606, 3642, 3645-46 (1995)(Attribution Notice). Although the Commission considers substantial non-attributable equity interests as "meaningful," and thus subject to the policy, the Commission also has determined that non-attributable equity interests up to a threshold of 33 percent do not violate the cross-interest policy. See, e.g., Roy M. Speer, 11 FCC Rcd 18, 393, 18,444 (1996); Cleveland Television Corp., 91 FCC 2d 1129 (Rev. Bd. 1982), rev. denied, FCC 83-235 (May 18, 1983), aff'd, 732 F.2d 962 (D.C. Cir. 1984). Clear Channel's interest in the Heftel station falls below this threshold. 37. Nevertheless, the Commission's decision to re-examine the cross-interest policy and to make changes in the attribution rules make it appropriate to condition Clear Channel's acquisition of Paxson's Miami radio stations on compliance with any rules or policies developed in the attribution rulemaking proceeding. See, e.g., NewCity Communications, Inc., 12 FCC Rcd 3929, 3942-43 (1997); Infinity Holdings Corp. of Orlando, 11 FCC Rcd 17,813, 17,823-24 (1996)(minority interest in newspaper held by single majority shareholder did not prohibit acquisition of radio station in same market, conditioned on outcome of the attribution proceeding). However, the attribution rulemaking now proposes an "equity or debt plus" standard with a 33 percent benchmark for attribution of same-market media properties. See Attribution Further Notice, 11 FCC Rcd 19,895, 19,906 (1996). Moreover, our review of the record in this case reveals no other circumstances that would preclude grant of Clear Channel's applications. We therefore conclude that, with respect to local radio ownership, Clear Channel's acquisition of the ten Paxson stations in the Miami-Ft. Lauderdale-West Palm Beach area would not be inconsistent with the public interest. See, e.g., WHFS, Inc., 12 FCC Rcd 3965 (1997). 38. Radio Ownership: Orlando-Tampa-St. Petersburg-Fort Myers. Clear Channel controls the licensee of the following nine stations, three of which are AM stations and six of which are FM stations: WRBQ(AM), St. Petersburg; WRBQ-FM, Tampa; WCKT(FM), Lehigh Acres, Florida; WQNU(FM), Solana, Florida; WKII(AM) and WXRM(FM), Port Charlotte, Florida; WOLZ(FM), Fort Myers; WMTX(AM), Pinellas Park, Florida; and WMTX(FM), Clearwater, Florida. Clear Channel proposes to acquire the following ten stations -- three AM and seven FM-- from Paxson: WWNZ(AM) and WHSE(FM), Orlando; WJRR(FM) and WTKS(FM), Cocoa Beach, Florida; WMGF(FM), Mount Dora, Florida; WQTM(AM), Pine Hills, Florida; WSJT(FM), Lakeland, Florida; WHPT(FM), Sarasota; WILV-FM, St. Petersburg and WZTM(AM), Largo, Florida. These stations do not all mutually overlap. As with Clear Channel's proposed radio ownership in Miami-Fort Lauderdale-West Palm Beach, we have evaluated Clear Channel's showing and have determined that these stations constitute seven local radio markets, each composed of stations with mutually overlapping principal community contours. The seven relevant local radio markets are made up of the following station combinations: Market 1 has eight stations (three AM and five FM); Market 2 has five stations (one AM and four FMs); Market 3 has four stations (two AM and two FM); Market 4 has four stations (two AM and two FM); Market 5 has six stations (two AM and four FM); Market 6 has three stations (one AM and two FM); Market 7 has four stations, all of which are FM stations. 39. We have evaluated Clear Channel's showing and have determined that there are at least 45 radio stations in Markets 1, 2, 3 and 5. Clear Channel's overall radio ownership in any one of these markets will not exceed a total of eight stations, and Clear Channel will own no more than five same-service stations in any of these markets. Therefore, Clear Channel's proposed ownership of stations in Markets 1, 2, 3 and 5 complies with the local radio ownership rules' overall numerical ownership limit of eight stations and the five station limitation on same-service ownership applicable to markets of 45 or more stations. In Market 4, Clear Channel proposes to own four stations, two AM and two FM. Based on Clear Channel's showing, we have determined that there are 38 stations in this local radio market. Under the local radio ownership rules, in a market with 30 to 44 commercial stations, a party may own up to seven stations, no more than four of which are in the same service. Thus, Clear Channel's ownership of four stations, no more than two of which are in the same service, in Market 4 complies with the rules' numerical limits overall and for same-service station ownership. Clear Channel will acquire no new stations from Paxson in Market 6 or in Market 7, and its radio ownership in these markets was previously approved. However, two stations in these markets --WKII(AM) and WXRM(FM)-- do have principal community contour overlap with Paxson stations in Market 3 and Market 4. Common ownership of these two stations and the stations that Clear Channel will acquire from Paxson has been considered in connection with our analysis of Market 3 and Market 4. Moreover, our review of the record in this case reveals no other circumstances that would preclude grant of Clear Channel's applications. We conclude that, with respect to local radio ownership, Clear Channel's acquisition of the ten Paxson stations would not be inconsistent with the public interest. See, e.g., WHFS, Inc., supra. 40. Radio Ownership: Cookeville, Tennessee; Panama City and Tallahassee, Florida. Clear Channel is also acquiring from Paxson existing radio station combinations in local radio markets in the following communities: a combination of two AM and two FM stations in Cookeville, Tennessee; a combination of one AM and four FM stations in a local radio market in Panama City, Florida; and a combination of one AM and four FM stations in a local radio market in Tallahassee, Florida. Clear Channel does not control any radio stations that have principal community contours overlapping any of the principal community contours of these Paxson stations and these station combinations previously were reviewed for compliance with the local radio ownership rules. In addition, based on the record here, we find no other circumstances that would preclude Clear Channel's acquisition of these stations. Id. CONCLUSION 41. For the reasons stated herein, we will approve temporary, conditional one-to-a-market waivers for radio-television combinations in Mobile/Pensacola and Jacksonville/Brunswick. In addition, we find that the parties are fully qualified to be Commission licensees, and that grant of Clear Channel's proposed acquisition of radio stations from Paxson and Capitol is in the public interest. 42. Accordingly, IT IS ORDERED, That the request for waiver of the Commission's one-to-a- market rule, 47 C.F.R.  73.3555(c), to permit common ownership of WPMI(TV), Mobile, Alabama, WNTM(AM), Mobile, Alabama, WMXC(FM), Mobile, Alabama, WKSJ-FM, Mobile Alabama; WRKH(FM), Mobile Alabama, WDWG-FM, Atmore, Alabama, WKSJ(AM), Pritchard, Alabama, and WTKX-FM, Pensacola, Florida IS HEREBY GRANTED subject to the outcome in the pending television ownership rulemaking proceeding, Second Further Notice of Proposed Rule Making, MM Docket Nos. 91-221 and 87-8, 11 FCC Rcd 21,655 (1996) and in the pending broadcast attribution proceeding, Further Notice of Proposed Rule Making, MM Docket Nos. 94-150, 92-51 & 87-154, 11 FCC Rcd 19,985 (1996). Should divestiture be required as a result of those proceedings, Clear Channel is directed to file an application for Commission consent to sell the necessary station(s) within six months from the release of the final Orders in those proceedings. 43. IT IS FURTHER ORDERED, That the request for waiver of the Commission's one-to-a- market rule, 47 C.F.R.  73.3555(c), to permit common ownership of WAWS-TV, Jacksonville, Florida, WZNZ(AM), Jacksonville, Florida, WNZS(AM), Jacksonville, Florida, WROO-FM, Jacksonville, Florida, WTLK-FM, Ponte Vedra Beach, Florida, WPLA(FM), Callahan, Florida and WFSJ-FM, St. Augustine, Florida IS HEREBY GRANTED subject to the outcome in the pending television ownership rulemaking proceeding, Second Further Notice of Proposed Rule Making, MM Docket Nos. 91-221 and 87-8, 11 FCC Rcd 21,655 (1996) and in the pending broadcast attribution proceeding, Further Notice of Proposed Rule Making, MM Docket Nos. 94-150, 92-51 & 87-154, 11 FCC Rcd 19,985 (1996). Should divestiture be required as a result of those proceedings, Clear Channel is directed to file an application for Commission consent to sell the necessary station(s) within six months from the release of the final Orders in those proceedings. 44. IT IS FURTHER ORDERED, That, having found the applicants fully qualified, the applications to assign the licenses of: WTLK-FM, Ponte Vedra Beach, Florida; WILV-FM, St. Petersburg, Florida; WTKS(FM), Cocoa Beach, Florida; WHSE(FM), Orlando, Florida; WNLS(AM), Tallahassee, Florida; WTNT(FM), Tallahassee, Florida; WSNI(FM), Thomasville, Georgia; WXSR(FM), Quincy, Florida; WJZT(FM), Midway, Florida; WPAP-FM, Panama City, Florida; WPBH(FM), Parker, Florida; WDIZ(AM), Panama City, Florida, WFSY(FM), Panama City, Florida; and WSHF(FM), Mexico Beach, Florida, File Nos. BAL, BALED, BALH-970627GL, GY, HB, HD, HL-HR, HU-HW from Paxson Communications Corporation to Clear Channel Metroplex Licenses, Inc., ARE HEREBY GRANTED. 45. IT IS FURTHER ORDERED, That, having found the applicants fully qualified, the applications to assign the licenses of: WZNZ(AM), Jacksonville, Florida; WNZS(AM), Jacksonville, Florida; WROO-FM, Jacksonville, Florida; WPLA(FM), Callahan, Florida; WPTN(AM), Cookeville, Tennessee; WGSQ(FM), Cookeville, Tennessee; WHUB(AM), Cookeville, Tennessee; WGIC(FM), Cookeville, Tennessee; WAVK(FM), Marathon, Florida; WKRY(FM), Key West, Florida; WHPT(FM), Sarasota, Florida; WZTM(AM), Largo, Florida; WSJT(FM), Lakeland, Florida; WWNZ(AM), Orlando, Florida; WJRR(FM), Cocoa Beach, Florida; WMGF(FM), Mount Dora, Florida; WQTM(AM), Pine Hills, Florida; and WFSJ-FM, St. Augustine, Florida, File Nos. BAL, BALH, BAPLH-970627GI-GK, GM-GO, GP, GQ, GS, GT, GV-GX, GZ, HA, HB, HE, and HX, from L. Paxson, Inc., to Clear Channel Metroplex Licenses, Inc., ARE HEREBY GRANTED. 46. IT IS FURTHER ORDERED, That, having found the applicants fully qualified, the applications to assign the licenses of: WKFZ(FM), Plantation Key, Florida; WFTL(AM), Fort Lauderdale, Florida; WINZ(AM), Miami, Florida; WZTA(FM), Miami Beach, Florida; WIOD(AM), Miami, Florida; WLVE(FM), Miami Beach, Florida; File Nos. BAL, BALH-970627 GR, HF, HH-HK, from L. Paxson, Inc., to Clear Channel Metroplex Licenses, Inc., the applications to assign the license of WBZT(AM), West Palm Beach, Florida, BAL-970627GE, and the applications to assign the licenses and construction permits of : WKGR(FM), Fort Pierce, Florida; and WOLL(FM), Riviera Beach, Florida, File Nos. BAPLH-970627GG, GH from LWP Radio, Inc. to Clear Channel Metroplex Licenses, Inc., and the application to assign the license of WPLL(FM), Fort Lauderdale, File No. BALH- 970627HG, from Paxson Communications Corporation to Clear Channel Metroplex Licenses, Inc., ARE HEREBY GRANTED, subject to the outcome in the pending broadcast attribution proceeding, Further Notice of Proposed Rule Making, MM Docket Nos. 94-150, 92-51 & 87-154, 11 FCC Rcd 19,985 (1996). Should divestiture be required as a result of that proceeding, Clear Channel is directed to file an application for Commission consent to sell the necessary station(s) within six months from the release of the final Order in that proceeding. 47. IT IS FURTHER ORDERED, That, having found the applicants fully qualified, the applications to assign the licenses of: WNTM(AM), Mobile, Alabama; WMXC-FM, Mobile, Alabama, WKSJ-FM, Mobile, Alabama; WRKH(FM), Mobile, Alabama; WDWG(FM), Atmore, Alabama; and WKSJ(AM), Pritchard, Alabama, File Nos. BAL, BALH-970408GO-GT from Capitol Broadcasting Company, L.L.C. to Clear Channel Radio Licenses, Inc., and the application to assign WTKX-FM, Pensacola, Florida, File No. BALH-970627HS, from Paxson Communications Corporation to Clear Channel Metroplex Licenses, Inc., ARE HEREBY GRANTED subject to the condition that Clear Channel must terminate any attributable relationship, including its existing local marketing agreement, with WYCL(FM), Pensacola, Florida prior to or concurrently with consummation of this transaction. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau