WPCC 2?BJZECourier3|a#XP\  P6QXP#HP LaserJet 4Si room 344__LPT2m 344HPLA4SA0.PRSx  @\#dX@ X-#XP\  P6Q DXP#2,qKXCourierTimes New Roman"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<?xxx,ax6X@`7X@7jC:,Xj\  P6G;XP;*.pif;*.com;*.bat#All Files (*.*)#*.*#tIcon Files#*.ico;*.exe;*.dll#Programs (*.e*.exe#Libraries (*.dll)#*.dll#Icons (*.ico)#*.ico#All Files (*.*)#*.*#You have cr2\ ^Xn K K3|aTimes New RomanTimes New Roman BoldTimes New Roman ItalicTimes New Roman Bold Italic"i~'^0?]SS999S]+9+/SSSSSSSSSS99]]]Snnnxnnx?Sngxxgxn]gxnngg9/9]S9SSISI9S]//S/]SSS??/]InSI?9%9]9+]]999+999999S9S/nSnSnSnSnSxnInInInInI?/?/?/?/x]xSxSxSxSx]x]x]x]gInSxSxSxSgIxSgSnSnSnSnInIn]nIx{nInInInIxSxSxSx]xS]]?/?S?9?S]]]nSg/gWg9g?g/x]ux]x]xSxSxn?n?n?]?]?]?]]gZg/g]x]x]x]x]x]x]ng]g?g?g?xSg9x]]?g9gS{+SS8/8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddN/>/>/>/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%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%%%7O0O0O0O0O0aHI0D0D0D0D0%%%%O7O7O7O7O7O7O7O7O7O7O0O7O6O7O7O7>7O0O0O0I0I0I;I0OED0D0D0D0O7O7O7O;O7O;O7%%7%%%7M>;;O7DD,D%D%DO7AO7O7O7O7aOI%I%I%>*>*>*>;D.DD3O7O7O7O7O7O7gOO;D0D0D0O7D%O7>*D%O7E77%%WMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN(BB(37%07777j7#TT7!#TT7T!%%007n&&Bn77lCTn(nBB(A\\>>n%07\n!"IIIITTenn7TnB@;7>lBBn7"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+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNI\\>>>\g0>03\\\\\\\\\\33gggQyyrg>Frgygrr>3>T\>Q\Q\Q>\\33\3\\\\>F3\\\\QX%Xc>0cT>>>0>>>>>>>>\3QQQQQwyQrQrQrQrQ>3>3>3>3\\\\\\\\\\Q\Z\\\g\QQQyQyQycyQtrQrQrQrQ\\\c\c\>3>\>>>\gcc\r3rIr>r>r3\l\\\\y>y>y>gFgFgFgcrMr3rT\\\\\\crQrQrQ\r>\gFr>\t0\\=!=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBT\>Q\\\\\3;\7;\7>>QQ\??n\\pBnnBmgg>Q\7"yyyy\njc\gnn\"i~'^5>g\\>>>\g0>03\\\\\\\\\\>>ggg\yyrF\yrgyy>3>j\>\gQgQ>\g3>g3g\ggQF>g\\\QI(I_>0_j>>>0>>>>>>\>g3\\\\\QyQyQyQyQD3D3D3D3g\\\\gggg\\g\\\\pg\\\QQ_QyQyQyQyQ\\\_\gjF3FgF>Fgg__gy3ySy>yIy3ggg\\QQQgFgFgFg_y^y>yjgggggg_yQyQyQgy>ggFy>\0\\=2=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBa\>\\\\\\7>\7>\7>>\\\??n\\pBnnBsgg>\\7"yyyy\nlc\gnn\2CK~8K:K=^_?"i~'^5>M\\>>>\}0>03\\\\\\\\\\>>}}}\rryrr>Qygyrr\grrggF3FM\>\\Q\Q3\\33Q3\\\\FF3\QyQQFI3Ic>0cM>>>0>>>>>>\>\3r\r\r\r\r\yyQrQrQrQrQ>3>3>3>3y\\\\\\\\\gQr\\\\gQ\r\r\r\r\yQyQycyQnrQrQrQrQ\\\c\c\>3>\>>>\\ccyQg3gBg>g;g3y\jy\y\\\yrFrFrF\F\F\FccgBg3gM\\\\\\ygcgFgFgF\g>y\\Fg>g\n0\\=(=WddddddddddddddddddddddddddddddddddddddddNBnnB_\F\\\\\\3;\7;\7>>gg\??n\\pBnnBb\\>g\7"yyyy\njc\}nn\"i~'^"(22TN"""28"2222222222888,\HBBH>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""(>(ZZ"  S- xissued a Memorandum Opinion and Order under delegated authority dismissing Clayton's petitions based  xon his failure to demonstrate standing to file petitions to deny these transactions. The Bureau also  x<considered Clayton's petitions as informal objections pursuant to 47 C.F.R.  73.3587, finding that Clayton  xfailed to raise substantial and material questions of fact concerning either Paxson's compliance with the  Sb- xEEO rules or Paxson's qualifications. See Memorandum Opinion and Order, (MMB Nov. 4, 1997).  S-x + BACKGROUNDă x   {x2. Clear Channel controls the licensee of UHF television station WPMITV, Channel 15, Mobile,  xAlabama, an NBC affiliate, in the Mobile, Alabama/Pensacola, Florida DMA. Clear Channel also provides  xprogramming to another UHF television station in the market, WJTCTV, Channel 44, Pensacola, Florida,  xan affiliate of the UPN network. Clear Channel proposes to acquire a total of seven stations in the  xMobile/Pensacola market two AM stations and four FM stations controlled by Capitol and one FM  xstation controlled by Paxson. The stations that Clear Channel will acquire from Capitol are:  xWNTM(AM), WMXC(FM), WKSJFM, WRKH(FM), Mobile, Alabama; WDWGFM, Atmore, Alabama;  xand WKSJ(AM), Pritchard, Alabama. Clear Channel proposes to acquire WTKXFM, Pensacola, Florida  xfrom Paxson. The Grade A contour of WPMITV encompasses the communities of license of all of these radio stations. x   Ox3. In Jacksonville, Florida, which is part of the Jacksonville/Brunswick, Georgia DMA, Clear  x.Channel controls the licensee of UHF television station WAWSTV, Channel 30, a Fox affiliate and also  xprovides programming to UHF television station WTEVTV, Channel 47, Jacksonville, Florida, a UPN  xaffiliate. Clear Channel proposes to acquire two AM stations and four FM stations from Paxson in the  xJacksonville area. Those stations are: WZNZ(AM), WNZS(AM), and WROOFM, Jacksonville;  xWTLKFM, Ponte Vedra Beach, Florida; WPLA(FM), Callahan, Florida; and WFSJFM, St. Augustine,  xMFlorida. The Grade A contour of WAWSTV encompasses the communities of license of all of these Jacksonville radio stations.   x4. Because the Grade A contours of Clear Channel's television station in Mobile/Pensacola and  xits television station in Jacksonville/Brunswick totally encompass the communities of license of the radio  xstations that Clear Channel proposes to acquire in each respective market, Clear Channel has, in each case,  xrequested waivers of the Commission's onetoamarket rule, which would otherwise prohibit common  S-ownership of radio and television station combinations in these markets. See 47 C.F.R.  73.3555(c).   x5. In addition, Clear Channel's proposal to acquire more than one sameservice radio station in  xMobile/Pensacola and in Jacksonville implicates the local radio ownership rules. Moreover, Clear Channel  xproposes to acquire Paxson stations in areas of Florida where it currently controls radio stations, namely,  x/in local radio markets in and around Miami, Fort Lauderdale, West Palm Beach, Orlando, Tampa, St.  xyPetersburg and Fort Myers. Clear Channel is also acquiring existing Paxson station groups in Cookeville,  xTennessee and in Tallahassee and Panama City, Florida, where it does not have any broadcast interests.  xClear Channel has submitted showings to demonstrate that its acquisition of these stations is in compliance  xwith the local radio ownership rules, 47 C.F.R.  73.3555(a). For the reasons that follow, we will grant  xLClear Channel's request for onetoamarket waivers in Mobile/Pensacola and in Jacksonville/Brunswick,  SP$- xconditioned on the outcome of the pending television ownership proceeding, see Review of The  S*%- xjCommission's Regulations Governing Television Broadcast Ownership in MM Docket Nos. 91221 and  S&- x878, 11 FCC Rcd 21,655 (1996)(Second Further Notice in the Television Ownership Proceeding), and  S&- xthe pending attribution proceeding, See Further Notice of Proposed Rule Making in MM Docket Nos. 94"&,>(>(ZZn("ԫ S- x150, 9251 and 87154, 11 FCC Rcd 19,895 (1996)(Attribution Further Notice). We will also grant the  xassignment applications to enable Clear Channel to acquire the abovecaptioned stations from Paxson and  S- xCapitol.$ח yO- x<ԍ The Mass Media Bureau has delegated authority to act on uncontested ontoamarket waiver requests that  {O- xinvolve stations in the top 100 television markets and that present no new or novel issues. Louis C. DeArias,  {O- xReceiver, 11 FCC Rcd 3663, 3667 (1996); see also Second Further Notice in the Television Ownership Proceeding,  yOv-11 FCC Rcd at 21,689 n. 130.    However, as discussed below, Clear Channel's radio acquisitions in Mobile/Pensacola will be  xconditioned on its termination of a radio local marketing agreement and its radio acquisitions in Miami  Sb-will be conditioned on the outcome of the attribution proceeding. See  21, 3637. x  S-j ONETOAMARKET WAIVER SHOWINGSă   x6. Clear Channel bases its requests for a onetoamarket waivers on the standards adopted in  S- x.the Second Report and Order in MM Docket No. 877, 4 FCC Rcd 1741 ("Second Report and Order"),  Sx- x/recon. granted in part, denied in part, 4 FCC Rcd 6489 (1989) ("Second Report and Order Recon.").  xUnder these criteria, the Commission presumptively favors waiver requests involving station combinations  x/serving the top 25 markets where there remain at least 30 separately owned, operated and controlled  xbroadcast licensees or "voices" after the proposed combination is consummated ("top 25 market/30 voice"  S - x<standard).=$ ח yO.- xԍ The Commission has been directed "to extend its [onetoamarket] waiver policy to any of the top 50 markets,  {O- xhconsistent with the public interest, convenience, and necessity." See Telecommunications Act of 1996, Pub. L. No.  x104104,  202(d), 110 Stat. 56 (1996). A proposal to implement this extension of our waiver policy is pending.  {O-See Second Further Notice in the Television Ownership Proceeding, 11 FCC Rcd at 21,685.= The Commission also favors requests involving "failed" broadcast stations, that is, stations that  S - x0have not been operating for a substantial period of time, e.g., four months, or that are involved in  S - x=bankruptcy proceedings. See 47 C.F.R.  73.3555 note 7. Waiver requests not eligible for consideration  xunder either the "top 25 market/30 voice" standard or the "failed station" standard are evaluated under the  S>-more rigorous casebycase standard, as set forth in the Second Report and Order.   x7. Neither the Mobile/Pensacola market nor the Jacksonville/Brunswick market is ranked in the  xtop 25 television markets, and there is no contention that Clear Channel's waiver requests involve "failed"  xstations. In any event, in each market, Clear Channel's proposed station combination involves the  x.common ownership of a television station and more than one sameservice radio station. Consequently,  SP- xClear Channel's waiver requests must be evaluated under the casebycase standard. See Memorandum  S*- xOpinion and Order in MM Docket 91140, 7 FCC Rcd 6387, 6394 n.40 (1992)(noting that consideration  xof onetoamarket waivers under the casebycase standard is appropriate where a transaction implicates  x>the local radio ownership limits, pending possible revision of the onetoamarket rule in the pending  S- x television ownership proceeding). See also Moosey Communications, Inc., 8 FCC Rcd 5247 (1993).  x]Under the caseby case standard, the Commission makes a public interest determination using the  xfollowing criteria: (1) the potential public service benefits of joint ownership of the facilities, such as  xthe economies of scale, cost savings and programming and service benefits; (2) the types of facilities  xinvolved; (3) the number of media outlets owned by the applicant in the relevant market; (4) any financial  xdifficulties involving the stations; and (5) the nature of the relevant market in light of the level of  S- xcompetition and diversity after the joint operation is implemented. Second Report and Order, 4 FCC Rcd  S- xat 175354. Not all five of the factors mentioned are necessarily relevant in each case. See Second Report  Sz- x.and Order Recon., 4 FCC Rcd at 6491. In support of its waiver requests, Clear Channel has submitted"z,>(>(ZZ" a showing which addresses the casebycase factors.  S-  x8. Benefits of Joint Operation. Clear Channel asserts that common ownership of its proposed  xradiotelevision combinations in Mobile/Pensacola and in Jacksonville/Brunswick will result in substantial  xcost savings that will, in turn, result in increased public interest programming and enhanced community  xoutreach through the use of shared resources and crosspromotion. Clear Channel estimates that joint  xownership of the radio and television stations will result in total annual cost savings of $938,163 in  xjMobile/Pensacola and $341,000 in Jacksonville/Brunswick. Clear Channel argues that the significant cost  xMsavings 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 onetoamarket rule.   x9. In Mobile/Pensacola, Clear Channel intends to combine station facilities, which will allow for  xannual savings of $215,163. Specifically, Clear Channel estimates savings of $152,163 on rent (including  xsavings of $ 35,563 rent of tower space for WTKX(FM)), and additional annual savings of $63,000 on  xjmaintenance and repairs, electricity, and the elimination of redundant production facilities. Additionally,  xClear Channel estimates $323,000 in savings on personnel and $400,000 in savings that will result from crosspromotion.   nx 10. In Jacksonville/Brunswick, Clear Channel intends to move the radio stations' facilities,  x0including the stations' towers, to existing sites it already owns. Clear Channel estimates that this  xconsolidation will produce estimated total savings of $263,000 annually. Further savings of $78,000 in  xpersonnel costs will be achieved by combining programming personnel for two of the Jacksonville radio  x>stations and by using WAWSTV's public affairs director for the radio stations. Thus, Clear Channel  x[anticipates total annual savings of $341,000 from joint operation of the Jacksonville/Brunswick stations.   x 11. Clear Channel also states that the radio stations in its proposed station combinations will have  xaccess to the news and public affairs resources of the television stations in the respective station  x.combinations, thereby enabling the radio stations to produce additional public interest programming and  xto improve the quality of that programming. The station combinations in each market will also be able  xto participate in joint promotional activities and thus to undertake public service campaigns promoting  xcommunity events that could not be undertaken by individual stations. In addition, Clear Channel expects  xto create a new fulltime Public Affairs Director position in Mobile/Pensacola, and to assign to the Public  xAffairs Director the responsibility for monitoring and addressing community needs through responsive  xpublic affairs programming. Clear Channel therefore asserts that its proposed combination of radio and  x=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.  S8-  mx 12. Types of Facilities/Other Media Outlets. Clear Channel has described the facilities of the  xstations that comprise its proposed radiotelevision combinations in these markets. In Mobile/Pensacola,  xClear Channel states that WPMI(TV) operates on UHF channel 15, with 5000 kW authorized power from  xan antenna height of 521 meters above average terrain. WNTM(AM) operates on 710 kHz with 1 kW  xof power. WKSJ(AM) operates on 1270 kHz with 5 kW of power during the day and 103 watts of power  xat night. WKSJFM, WMXC(FM), WDWG(FM), WRKH(FM) and WTKXFM are all Class C FM  xLstations operating with 100 kW of power. WKSJFM operates on 94.9 mHz from a 474 meter antenna.  xxWMXC(FM) operates on 99.9 mHz from a 535 meter antenna. WDWG(FM) operates on 104.1 mHz from  xa 474 meter antenna. WRKH(FM) operates on 96.1 mHz from a 409 meter antenna. WTKXFM operates on 105.5 mHz from a 405 meter antenna. "&,>(>(ZZn("Ԍ  ԙx 13. In Jacksonville/Brunswick, Clear Channel states that WAWSTV operates on UHF channel  x30, with authorized power of 2820 kW from a tower height of 302 meters. WZNZ(AM) operates on 1450  xLkHz and WNZS(AM) operates on 930 kHz. Both AM stations operate with 5 kW of power during the  xkday and 5 kW during the night. WROOFM is a Class C station operating with 100 kW of power on  x107.3 mHz from an antenna height of 215 meters. WTLKFM is a 6 kW Class A station, operating on  x106.5 mHz from an antenna height of 100 meters. WFSJFM and WPLA(FM) are both Class C2 FM  xstations operating with 50 kW of power. WFSJFM operates on 97.9 mHz from a 147 meter antenna and WPLA(FM) operates on 93.3 mHz from a 141 meter antenna.   x 14. Clear Channel contends that the proposed combinations in these markets will not be dominant  xfrom a technical standpoint. In this regard, Clear Channel asserts that its UHF station, WPMI(TV)  xcompetes with three VHF stations licensed to the Mobile/Pensacola market. In addition, Clear Channel  xlists nine FM stations with facilities comparable to those of the FM stations in its proposed  xMobile/Pensacola station combination and ten AM stations with comparable or superior facilities to those  xof the AM stations in its proposed combination in this market. Clear Channel lists three VHF stations  xlicensed to communities in the Jacksonville/Brunswick market that compete with WAWSTV. In addition,  xClear Channel asserts that there are 15 FM stations and 11 AM stations in the Jacksonville/Brunswick  xmarket with superior or comparable technical facilities to those in its proposed station combination. Clear  x=Channel argues that given the presence of these comparable or superior station facilities, and the number  xLof independent broadcast "voices" in these markets, the proposed combinations do not present issues of market dominance inconsistent with the public interest. x   x15. Clear Channel states that it will own no media outlets in the Mobile/Pensacola or  xLJacksonville/Brunswick markets other than the stations in the proposed radiotelevision combinations at  xissue here. However, as set forth above, Clear Channel reports that it provides programming to a UHF  xtelevision station in each of these markets under local marketing agreements (LMA). In Mobile/Pensacola,  xClear Channel's LMA is with WJTC(TV), Pensacola, a UHF station and an affiliate of the UPN network,  xoperating on Channel 44. In Jacksonville/Brunswick, Clear Channel provides programming to WTEVTV,  xJacksonville, a UHF station operating on Channel 47, also a UPN affiliate. Clear Channel asserts that the  xCommission has held that a samemarket television local marketing agreement will not be accorded  SP- xsignificance in the analysis of an applicant's request for a onetoamarket waiver. In addition, Clear  x[Channel notes the low audience share ratings of the UHF stations that it programs. Clear Channel states  x/that there are three other television stations in the Mobile/Pensacola market that have audience share  xratings higher than those garnered by WJTC(TV) and that there are three other television stations in the  xjJacksonville/Brunswick market with audiences shares exceeding the audience shares individually garnered by WAWSTV, which it owns, and by WTEVTV, which it programs under the LMA.   x16. Also, Clear Channel amended its proposal for the Mobile/Pensacola market to report that it  xintends to provide programming under a local marketing agreement (LMA) to WYCL(FM), Pensacola,  xFlorida. Paxson controls the licensee of WYCL(FM), but Clear Channel does not currently seek to acquire  xthis station from Paxson. Thus, WYCL(FM) is not part of Clear Channel's proposed station combination  S"- xin this market."ח {O%- xyԍ As set forth in note 1, supra, Clear Channel initially proposed to acquire WYCL(FM) from Paxson, but requested dismissal of the application for the assignment of this station. Clear Channel acknowledges that providing programming to WYCL(FM) under the LMA  xjconstitutes an attributable ownership interest in that station under the local radio ownership rules. Clear"p#",>(>(ZZ$"  x[Channel's proposed acquisition of five FM stations in Mobile and Pensacola, in addition to the two AM  x?stations it will acquire, will put it at the numerical limit for FM station ownership in this market.  xTherefore, if Clear Channel's proposed acquisitions of stations from Paxson and Capitol are approved and  xconsummated, Clear Channel's continued relationship with WYCL(FM) under the LMA would violate the  xylocal radio ownership rules. Clear Channel states that at the time that the local marketing agreement with  xWYCL(FM) would put it in violation of the local radio ownership rules, it will convert the agreement into  x a joint sales agreement or "take such other action as may be necessary to render its relationship with  xWYCL(FM) nonattributable." Clear Channel also contemplates entering into a oneyear option agreement for the right to purchase WYCL(FM) from Paxson.  Sp-  x17. Economic Status. Clear Channel does not claim that any of the stations in its proposed radio xytelevision combinations is in financial distress. However, Clear Channel asserts that the Commission has  xgranted permanent onetoamarket waivers in other cases where financial difficulties were not a  xkconsideration. Furthermore, Clear Channel argues that consideration of the finances of stations in the  xproposed combinations under this factor is not entitled to substantial weight because it has made a strong  xshowing that the public interest would otherwise be served by grants of the requested onetoamarket waivers. x  S0-  x18. Competition and Diversity in the Market. Clear Channel argues that its proposed acquisition  x.of radio stations will have no significant effect on either the available media outlets or the distribution of  xzeconomic power in these highly competitive markets. Clear Channel also argues that onetoamarket  xLwaivers have been granted under competitive circumstances comparable to those that are present in both  xMobile/Pensacola and Jacksonville/Brunswick. Clear Channel states that the Mobile/Pensacola television  xMmarket is ranked as the 61st largest market in the country. Clear Channel indicates that the market is  x=served by 43 radio stations (22 AM and 21 FM stations) and 12 television stations. According to Clear  xChannel, if the proposed transactions are approved and consummated, these 55 broadcast stations will  x[represent 42 separate broadcast "voices." Clear Channel also claims that the Mobile/Pensacola market is  xserved by a wide variety of other media, including four daily newspapers, 27 cable systems reaching 70  xpercent of the market's households, ten low power television stations and three "wireless cable" or Multipoint Multichannel Distribution Service (MMDS) facilities.   |x19. In addition, Clear Channel states that Jacksonville/Brunswick is the 54th largest television  xmarket in the country. Clear Channel indicates that the market is served by 39 radio stations (18 AM and  xM21 FM stations) and eight television stations. Clear Channel states that if its proposed acquisition of  xPaxson's stations is approved and consummated, these 47 broadcast stations will represent 30 separately  xowned broadcast "voices." Clear Channel also states that the market is served by other mass media outlets  xand lists seven daily newspapers, 13 cable systems reaching 75 percent of the market's households, and MMDS facilities. x  Q!- 1DISCUSSIONă  Sp#-  @x20. Radio Ownership: Mobile/Pensacola and Jacksonville/Brunswick. We turn first to Clear  xMChannel's compliance with our local radio ownership rules, 47 C.F.R.  73.3555(a)(1), in the markets  xwhere it is also seeking onetoamarket waivers. Clear Channel has submitted showings that demonstrate  xthat its proposed radio combinations in both Mobile/Pensacola and Jacksonville/Brunswick have mutually  xoverlapping principal community contours. Clear Channel currently does not control radio stations in"&,>(>(ZZn("  xMMobile/Pensacola or in Jacksonville/Brunswick. Clear Channel proposes to acquire seven stations in  xZMobile/Pensacola one FM station from Paxson and four FM stations and two AM stations from Capitol.  xThus, Clear Channel would control two AM and five FM stations in Mobile/Pensacola. In  xJacksonville/Brunswick, Clear Channel proposes to acquire two AM stations and four FM stations from  xPaxson, for a total of six stations. Our independent analysis of the showings submitted by Clear Channel  x]indicates that there are 45 or more radio stations in the local radio market defined by the mutually  x.overlapping principal community contours of the stations that Clear Channel proposes to acquire in the  xyMobile/Pensacola area. We have also independently confirmed that there are 37 radio stations in the local  x=radio market defined by the mutually overlapping stations that Clear Channel proposes to acquire in the  xJacksonville area. The radio local ownership rules impose numerical restrictions on the number of radio  x.stations in the same service and on the number of radio stations overall which may be commonly owned  SH - xin proposed local radio markets. Pub. L. No. 104104,  202(d), 110 Stat. 56 (1996). See Implementation  S" - xof Section 202(a) and 202(b)(1) of the Telecommunications Act of 1996, 11 FCC Rcd 12,368, 12,370  x(1996). Under the local radio ownership rules, as amended by the Telecommunications Act of 1996, in  xa market with 45 or more commercial radio stations, a party may own up to eight commercial radio  xstations, not more than five of which are in the same service. In a market with 3044 commercial radio stations, a party may own up to seven radio stations, not more than four of which are in the same service.   x21. Thus, Clear Channel's acquisition of seven stations in Mobile/Pensacola and its acquisition  xof six stations in Jacksonville/Brunswick would comply with the applicable numerical ownership limits  xjfor the number of stations overall and the number of sameservice stations. However, as set forth above,  xClear Channel has indicated its intention to provide programming under an LMA to a sixth FM station  xin the proposed local radio market in Mobile/Pensacola. Clear Channel's LMA with this station would  xconstitute an attributable interest in this station and would cause Clear Channel to exceed the applicable  SD- xlimits on sameservice station ownership in this market. See 47 C.F.R.  73.3555(a)(3)(i). Clear Channel  xhas pledged to terminate the LMA with WYCL(FM) upon consummation of its acquisition of the  x[Mobile/Pensacola radio stations at issue here. We will impose a condition that requires Clear Channel to  xjterminate any attributable relationship with this station, including the LMA, before or concurrently with  xconsummation of its acquisition of stations in this market. Our review of the record in this case reveals  xno other circumstances that would preclude grant of the proposed assignments under the radio ownership  SV- xrules. See, e.g., S.E. Licensee G.P., 11 FCC Rcd 16,727 (1996); Shareholders of Citicasters, Inc., 11 FCC Rcd 19,135 (1996).  S-  {x22. Television Local Marketing Agreements.  Before considering Clear Channel's waiver requests,  xwe must determine what weight, if any, we should accord Clear Channel's existing LMAs with  xWJCT(TV) in Mobile/Pensacola and with WTEVTV in Jacksonville/Brunswick. The Commission has  x.addressed this issue in connection with onetoamarket waiver requests in other markets in which Clear  SB- x>Channel has LMAs with television stations. See, e.g., Samuel M. Altdoerffer, III, 12 FCC Rcd 9945  S - x(1997); REP WWBB G.P., 11 FCC Rcd 19,689 (1996); S.E. Licensee G.P., 11 FCC Rcd 16,727 (1996).  xlCurrently, television LMAs are not attributable to the brokering station, nor taken alone, are they  xconsidered a "meaningful" relationship within the scope of the crossinterest policy. At present, therefore,  xwe will not accord significance to Clear Channel's existing television LMAs in evaluating its waiver  xrequests in these markets. We note, however, that the Commission has proposed to attribute television  x LMAs to the brokering station where the stations involved are in the same market and the brokerage  S.%- x[arrangement includes more than 15 percent of the brokered station's weekly broadcast hours. Attribution  S&- xFurther Notice, 11 FCC Rcd at 19,90809 (1996). In addition, the Commission has proposed that any  x-LMA which would be attributable for purposes of the duopoly rule under this approach "would also count"& ,>(>(ZZn("  xin applying our other ownership rules, including for example...the onetoamarket rule (or radiotelevision  S- x.crossownership rule)." 11 FCC Rcd at 19,909 (footnotes omitted). And, although the Commission has  xjproposed to grandfather those television LMAs such as the LMAs here that were entered into prior  S- xto the November 5, 1996 adoption date of the Second Further Notice of Proposed Rule Making  in the  xtelevision ownership proceeding, we have also indicated that we would "reserve the right... to invalidate  xan otherwise grandfathered LMA in circumstances that raise particular competition and diversity concerns,  S- xsuch as those that might be presented in very small markets." See Second Further Notice in the Television  S- xOwnership Proceeding, 11 FCC Rcd 21,69394 (1996). Accordingly, consistent with our treatment of  xtransactions raising similar issues, we will condition the onetoamarket waivers that we grant here on  S- xthe outcome of these rulemakings. See REP WWBB G.P.,  11 FCC Rcd at 19,69394; S.E. Licensee, G.P.,  Sx- x11 FCC Rcd at 16,732. If we establish final rules for attributing and grandfathering LMAs, we would  xyalso assess whether the class of transactions involving radio, television and LMA interests, such as those involved in this case, should be permitted to continue.  S -  x23. OnetoaMarket Waivers. We now turn to consideration of Clear Channel's onetoamarket  xKwaiver requests. At the outset, we note that Clear Channel does not indicate whether it requests temporary  xor permanent onetoamarket waivers in Mobile/Pensacola and Jacksonville/Brunswick. However, Clear  xChannel's acquisition of radio stations in these markets requires reliance on the statutory radio ownership  xjlimitations adopted the Telecommunications Act of 1996 and incorporated in our rules. Issues related to  xkradio/television crossownership remain pending in the television ownership proceeding, in which the  S- xCommission is considering eliminating or modifying the onetoamarket rule. Second Further Notice of  S- xProposed Rule Making in the Television Ownership Proceeding, 11 FCC Rcd at 21,685. The Commission  xkhas concluded that pending the resolution of the television ownership proceeding, permanent waivers  xwould not be granted for combinations exceeding one television station/two AM stations/two FM stations.  xNInstead, such combinations are eligible for temporary onetoamarket waivers conditioned on the  xresolution of the issues raised concerning the onetoamarket rule in the television ownership proceeding.  xConditional waivers may be approved if they are consistent with precedent and if the proposed station  S- x<combinations will not unduly affect competition and diversity in the relevant markets. S.E. Licensee, G.P.,   S- x11 FCC Rcd at 16,732; Shareholders of Citicasters, 11 FCC Rcd at 19,143. We conclude that permanent,  x{unconditional waivers would not be appropriate here, but that Clear Channel has justified grant of  xtemporary, conditional onetoamarket waivers in Mobile/Pensacola and Jacksonville/Brunswick based on its casebycase waiver showings.  S-   x24. Under the first waiver criterion, the potential public service benefits of joint ownership, the  xCommission considers the public service benefits that will result from the proposed radiotelevision  xcombination, such as projected economies of scale, cost savings, and programming and service benefits.  Sp- x{Second Report and Order, 4 FCC Rcd at 1753. Clear Channel has demonstrated that there will be  xsignificant economies of scale and cost savings from consolidation of station facilities and personnel in  xboth Mobile/Pensacola and Jacksonville/Brunswick. Specifically, Clear Channel estimates total annual  x\savings of approximately $938,163 in Mobile/Pensacola and $341,000 in Jacksonville/Brunswick. In  xaddition, Clear Channel states that the radiotelevision combinations that it proposes in these markets will  xundertake crosspromotions. Clear Channel also indicates that the savings it will realize will be translated into program service benefits, including additional and improved public service programming. x   !x25. The second factor in our analysis concerns the types of facilities that Clear Channel owns in  xeach of the markets. In this regard, we must "consider such factors as whether the proposed radio x[television combination involves a UHF or VHF TV station or an AM or FM radio station, as well as the"& ,>(>(ZZn("  S- xsize or class of the stations involved." Second Report and Order, 4 FCC Rcd at 1753. In addition, the  xlCommission's concern with the strength of the technical facilities of the stations at issue reflects a  xcontinuing concern regarding the potential impact the proposed station combination may have on diversity  S- xand competition in the affected market. See, e.g., Louis C. DeArias, Receiver, 11 FCC Rcd 3662, 3666  Sd- x(1996). In Mobile/Pensacola, Clear Channel will combine its network affiliated UHF television station  xwith five Class C FM stations, the most powerful class of FM stations licensed in Zone II, the geographic  S- xdesignation for FM allocations that includes both markets at issue here. See 47 C.F.R.  73.205.  xHowever, Clear Channel's station combination in this market also will include less powerful facilities  xa 5 kW Class B AM station and a 1 kW Class B AM station. In Jacksonville/Brunswick, Clear Channel's  xproposed station combination consists of a network affiliated UHF station, four FM stations and two AM  xstations. Of the FM stations that Clear Channel will combine in this market, one is a Class C station, and  xthe 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.   x26. Although the technical facilities of some of the stations in each of these markets are  x.significant, we find that proposed combinations do not present issues of market dominance inconsistent  x\with our core competition and diversity concerns based upon the presence of comparable competing  S^- xfacilities in both Mobile/Pensacola and Jacksonville/Brunswick. See, e.g., Maximum Media, Inc., 12 FCC  xRcd at 3396. Moreover, our independent analysis of both markets indicates that Clear Channel's proposed  xstation combinations will compete with stations with similar technical facilities. Specifically, in  xMobile/Pensacola, Clear Channel's UHF television station competes with three VHF stations that are also  xnetwork affiliates. In addition, there are nine competing Class C FM stations in the market with  xncomparable facilities as well as five AM stations with comparable or superior facilities. In  xJacksonville/Brunswick, Clear Channel's UHF television station competes with at least three UHF stations  xwith 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.   ]x27. The third factor requires consideration of Clear Channel's other ownership interests in these  xmarkets. As discussed above, Clear Channel intends to provide programming to a Pensacola station not  xincluded in its proposed combination in the Mobile/Pensacola market. Clear Channel's LMA with the  xkstation constitutes an attributable ownership interest under the local radio ownership rules, and Clear  xChannel will be required to terminate the LMA before or upon consummation of its acquisition of stations  S- xin 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.   mx28. The fourth factor in our analysis of Clear Channel's waiver requests concerns the financial  xstatus of the stations involved in each of these radiotelevision combinations. Clear Channel states that  xnone of the stations it proposes to combine is in financial distress. However, Clear Channel is not  xrequired to demonstrate that the stations are experiencing financial difficulties as a precondition to grant  xof its waiver requests. The Commission has previously granted onetoa market rule waivers in the  S!- xabsence of financial difficulties. See, e.g., S.E. Licensee G.P., 11 FCC Rcd at 16, 73334; Shareholders  S"- x[of Citicasters, Inc., 11 FCC Rcd at 19,14445; Henry Broadcasting Co., 11 FCC Rcd 1175, 1177 (1995);  S~#- xAlta Gulf FM, Inc., 10 FCC Rcd 7750, 7751 (1995);  Secret Communications, Ltd., 10 FCC Rcd 6874,  SX$-687778 (1995); Sunnyside Communications, Inc., DA 97829 (MMB Apr. 21, 1997). "2% ,>(>(ZZ&"Ԍ S-  x29. The final factor relates to the level of diversity and competition in the relevant market.QHח yOh- xԍ In order to determine the number of radio and television broadcast stations in the context of a onetoamarket  xYwaiver, the Commission considers "the relevant TV metro market for radio stations and the relevant ADI [Arbitron  {O- xxArea of Dominant Influence] TV market for television stations." Second Report and Order, 4 FCC Rcd at 1760  xn.101. However, because Arbitron no longer compiles television ADI data, we will accept instead Clear Channel's  xshowing using the Nielsen Designated Market Area (DMA) in determining the number of broadcast "voices" in the  {OR- x-markets at issue in its onetoamarket waiver requests. See Media/Communications Partners L.P., 10 FCC Rcd  {O- x8116, 8116117, n.3 (1995); see also Review of the Commission's Regulations Governing Television Broadcast  {O-Ownership in MM Docket Nos. 91221 and 877, 10 FCC Rcd 3524, 3539 n.59 (1995).Q  x[Indicia of the level of diversity include the number of broadcast outlets, the number of separatelyowned  xand operated "voices" in the market, and the presence of cable and nonbroadcast media. Clear Channel  xhas demonstrated that the proposed radiotelevision combinations will not create any undue concentration of ownership or control of the broadcast media in Mobile/Pensacola or in Jacksonville/Brunswick.   x30. Mobile/Pensacola is ranked as the 61st largest television market. Based upon the showing  x.submitted by Clear Channel, we have independently verified that there are nine UHF stations and three  xkVHF stations in the Mobile/Pensacola DMA and 21 AM stations and 19 FM stations licensed in the  S- xzMobile/Pensacola television metro market."ח yO- xԍ We have excluded WGCX(FM) and WABF(AM), both in Fairhope, Alabama, from our station count.  xAlthough these stations were included in Clear Channel's showing, Commission records indicate that these stations  xcurrently are off the air. Nonoperational stations and dark stations are not included in determining the number of  {Oh-stations in a market. Second Report and Order, 4 FCC Rcd at 1751, n.86.  In addition, WDWG(FM), one of the FM stations in the  xyproposed combination, is licensed to a community in Escambia County, Alabama, which is located in the  xMobile/Pensacola DMA but is not part of the Mobile/Pensacola television metro market or any other  xdefined television metro market. These 53 broadcast stations 41 radio stations, including WDWG(FM),  xand 12 television stations will be licensed to 40 separate owners following consummation of Clear  S - xyChannel's acquisition of stations from Paxson and Capitol in this market.  ח yO2- xԍ All the other radio stations in the proposed combination are licensed to communities in the Mobile/Pensacola  xtelevision metro market and are included in our count of radio stations. However, our count of the number of radio  xstations and the number of separately owned broadcast "voices" is conservative because it does not take into account  {O- xother radio stations that may be licensed to communities in Escambia County, Alabama. See, e.g., Liggett  {OT- xBroadcasting, Inc., 7 FCC Rcd 7124, 7126 n. 3 (1992). In other cases in which the radio stations in the proposed  xYcombination were not located in a television metro market, the Commission has also counted radio stations licensed  xto communities in either the relevant Arbitron radio metro or in the county where the radio stations' communities  {O- xof license were located. See, e.g., Gadsden Broadcasting Co., 12 FCC Rcd 8741, 8743 and n.4 (1995);United Radio  {Ox- xYGroup, Inc., 7 FCC Rcd 2207, 2208 (1992); Triad Skywaves, Inc., 12 FCC Rcd 6102, 6107 (MMB 1997). We have  xindependently confirmed that there are at least three AM stations and two FM stations licensed to communities in Escambia County, Alabama, representing an additional five separately owned broadcast voices.  A wide variety of other media  xjare available, including four daily newspapers, numerous cable television systems with a penetration rate of 70 percent, low power television and MMDS.   0x31. The Jacksonville/Brunswick market is the 54th largest television market in the country. Our  xindependent analysis of Clear Channel's showing indicates that there are five UHF stations and four VHF  xzstations in the Jacksonville/Brunswick DMA and 16 AM stations and 22 FM stations licensed in the  xJacksonville/Brunswick television metro market. These 47 broadcast stations 38 radio stations and nine" * ,>(>(ZZ"  xtelevision stations will be licensed to 30 separate owners following consummation of Clear Channel's  S- xLproposed acquisition of Paxson stations.H ח yO@- xԍ We have included in our count of stations and broadcast "voices" VHF station WXGATV, Waycross,  x,Georgia, which is in the JacksonvilleBrunswick DMA. The Georgia Public Telecommunications Commission is the  xlicensee of this noncommercial educational television station. Moreover, we have excluded WOBS(AM),  {O- xJacksonville, from our count because Commission records indicate that this station is off the air. See n. 7, supra.  yOb-H There are also numerous other media outlets available in this  xmarket, including seven daily newspapers, MMDS and numerous cable systems with an overall cable  xpenetration rate of 75 percent. Grant of temporary, conditional waivers under the competitive  x@circumstances that exist in Mobile/Pensacola and Jacksonville/Brunswick is clearly within the  S8- xCommission's onetoamarket waiver precedent. See, e.g., S.E. Licensee G.P., 11 FCC Rcd at 16,734  x( 42 broadcast stations 34 radio and eight television representing 27 separate broadcast "voices," cable  S- xpenetration of 58.1 percent); Moosey Communications, Inc., 8 FCC Rcd 5247, 5249 (1993)(34 broadcast  x[stations 30 radio and four television representing 24 separate broadcast "voices," cable penetration of  S- x73 percent); Sunnyside Communications, Inc., DA 97829 (MMB Apr. 21, 1997)(40 broadcast stations  x]31 radio and nine television representing 27 separate broadcast "voices," cable penetration of 67  SN -percent).x ZN zח yOh- xԍ Indeed, the Commission previously granted a onetoamarket waiver in the Mobile/Pensacola market for a  {O0- xtelevision/two AM/two FM station combination. Brem Broadcasting, 9 FCC Rcd 1333 (1994). However, Commission records indicate that these stations are no longer operated as a group.x     0x32. With respect to economic concentration and competition, our independent analysis indicates  xthat the radio stations in these combinations garner 33.3 percent and 17.6 percent of local radio advertising  xrevenue in Mobile/Pensacola and Jacksonville/Brunswick, respectively. In Mobile/Pensacola, WMPI(TV)  xreceives 15.25 percent of the local television advertising revenue, and WAWSTV, in  xJacksonville/Brunswick, receives 15.9 percent of the local television advertising revenue. The radio and  xtelevision stations together will receive combined television and radio advertising revenue shares of 20.4  x?percent in Mobile/Pensacola and 16.5 percent in Jacksonville/Brunswick. This level of combined  x=advertising revenue is consistent with revenue levels approved in other temporary, conditional onetoa S- xmarket waivers. See, e.g., S.E. Licensee G.P., 11 FCC Rcd at 16, 734 (40.4 percent of radio advertising  xrevenue and 24.2 percent of combined television and radio advertising revenue in 42nd television market);  Sr- xTriathlon Broadcasting of Little Rock Licensee, Inc., DA 971979 (MMB Sept. 16, 1997)(44.4 percent  xzof radio advertising revenue and 24.97 percent of combined television and radio advertising revenue in 57th television market).   2x 33. We conclude, based on the record, that approval of temporary, conditional waivers in  xMobile/Pensacola and Jacksonville/Brunswick are appropriate. These markets are both diverse and highly  xcompetitive. Although some of Clear Channel's commonlyowned facilities in each of these markets are  x0technically significant, competing facilities do exist. Moreover, grant of the waivers will result in  x[economic efficiencies and facilitate enhanced public interest programming. On balance, we are persuaded  xzthat the public benefits to be derived from common ownership of stations in Mobile/Pensacola and in  xLJacksonville/Brunswick would outweigh any negative effect on competition and diversity and, therefore, that grant of temporary, conditional waivers of the onetoamarket rule is justified. x` `  Sl-  Px!34. Radio Ownership: MiamiFort LauderdaleWest Palm Beach We now consider Clear"l  ,>(>(ZZ"  xChannel's compliance with the local radio ownership rules in connection with its acquisition of Paxson  xstations outside markets that require waiver of the onetoamarket rule. Clear Channel controls the  x>licensee of two FM stations, WHYI(FM) and WBGG(FM), both in Fort Lauderdale. Clear Channel  xproposes to acquire from Paxson the following ten stations four AM stations and six FM stations  xlicensed to communities in and around Fort Lauderdale, Miami and West Palm Beach: WBZT(AM), West  xPalm Beach; WOLL(FM), Riviera Beach, Florida; WKGR(FM), Fort Pierce, Florida; WFTL(AM),  xWPLL(FM), both in Fort Lauderdale; WINZ(AM), WIOD(AM), both in Miami; WZTA(FM), WLVEFM,  xboth in Miami Beach; and WFKZ(FM), Plantation Key, Florida. Paxson's ten stations do not all mutually  xoverlap; nor do Clear Channel's two Fort Lauderdale stations mutually overlap with all of the stations that  xit seeks to acquire from Paxson. A local radio market is defined by the area encompassed by the principal  Sp- xcommunity contours of the mutually overlapping stations proposed to be coowned. See Implementation  SJ - xof Section 202(a) and 202(b)(1) of the Telecommunications Act of 1996, 11 FCC Rcd 12,368 (1996).  xBecause not all of the radio stations that Clear Channel proposes to own in this area mutually overlap, we  xhave evaluated Clear Channel's showing and have determined that Clear Channel's proposed commonly  xowned stations constitute six local radio markets, each composed of stations with mutually overlapping  S - xprincipal community contours.  ח yO- xZԍ The six relevant local radio markets are as follows: Market 1 has eight stations (three AM and five FM)  xWINZ(AM), WIOD(AM), WBZT(AM), WHYI(FM), WBGG(FM), WLVEFM, WPLL(FM) and WZTA(FM);  xyMarket 2 has eight stations (three AM and five FM) WINZ(AM), WIOD(AM), WFTL(AM), WBGG(FM),  xWHYI(FM), WLVEFM, WPLL(FM) and WZTA(FM); Market 3 has three stations (two AM and one FM)  xWIOD(AM), WINZ(AM), WFKZ(FM); Market 4 has four stations (two AM and two FM) WIOD(AM),  xiWBZT(AM), WKGR(FM) and WOLL(FM); Market 5 has four stations (three AM and one FM) WBZT(AM),  xWINZ(AM), WIOD(AM), and WKGR(FM); Market 6 has four stations (three AM and one FM WINZ(AM),  xWIOD(AM), WBZT(AM) and WBGG(FM). We note that Market 3 and Market 4 are made up of stations that Paxson owns and the common ownership of radio stations in these markets was previously approved.  In addition, we have determined that there are 45 or more radio stations  S - xin each of these six markets. As discussed supra, in radio markets of 45 or more stations, ownership of  xup to eight radio stations is permitted, so long as no more than five of those stations are in the same  xyservice. Based on these six identified local radio markets, Clear Channel's common ownership of stations  x\in the MiamiFort LauderdaleWest Palm Beach area does not exceed the applicable overall numerical  x[ownership limit of eight stations or the five station limitation on same service station ownership. In this  xregard, Clear Channel's overall radio ownership in any one of the six local radio markets will not exceed  xa total of eight stations, and there are no more than five sameservice stations in any one of the markets.   @x"35. However, we note that Clear Channel has reported that one of its affiliated entities, Clear  xLChannel Radio, Inc., holds a 32.3 percent nonvoting, equity interest in Heftel Broadcasting Corporation  x<(Heftel). Heftel controls the licenses of four radio stations in the Miami area: WQBA(AM), WAMR(FM),  xzWAQI(AM), all Miami, Florida, and WRTO(FM), Goulds, Florida. Clear Channel's interest in these  x=stations currently is not cognizable under the Commission's attribution rules, and thus these stations are  xnot counted when determining whether Clear Channel complies with the numerical ownership limits of  SV- xthe radio local ownership rules in relevant local radio markets in Miami. See 47 C.F.R.  73.3555 note  x2(f). Consequently, Clear Channel's acquisition of Paxson's stations in this area complies with the numerical limits of the local radio ownership rules.   x#36. Moreover, the application of the Commission's crossinterest policy does not prohibit  x?combined ownership of radio stations in Miami and Clear Channel's nonvoting equity interest in  Sh- xadditional stations there.  The crossinterest policy prevents entities from having "meaningful" interests"h ,>(>(ZZ"  S- xin broadcast stations that serve "substantially the same area." Notice of Proposed Rule Making in MM  S- xDocket Nos. 94150, 92051 and 87154, 10 FCC Rcd 3606, 3642, 364546 (1995)(Attribution Notice).  xAlthough the Commission considers substantial nonattributable equity interests as "meaningful," and thus  xsubject to the policy, the Commission also has determined that nonattributable equity interests up to a  Sd-threshold of 33 percent do not violate the crossinterest policy. See, e.g., Roy M. Speer, 11 FCC Rcd  S>- x[18, 393, 18,444 (1996); Cleveland Television Corp., 91 FCC 2d 1129 (Rev. Bd. 1982), rev. denied, FCC  S- x/83235 (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.   0x$37. Nevertheless, the Commission's decision to reexamine the crossinterest policy and to make  xchanges in the attribution rules make it appropriate to condition Clear Channel's acquisition of Paxson's  xMiami radio stations on compliance with any rules or policies developed in the attribution rulemaking  S* - x]proceeding. See, e.g., NewCity Communications, Inc., 12 FCC Rcd 3929, 394243 (1997); Infinity  S - x=Holdings Corp. of Orlando, 11 FCC Rcd 17,813, 17,82324 (1996)(minority interest in newspaper held  xby single majority shareholder did not prohibit acquisition of radio station in same market, conditioned  xon outcome of the attribution proceeding). However, the attribution rulemaking now proposes an "equity  S - xor debt plus" standard with a 33 percent benchmark for attribution of samemarket media properties. See  Sh- xAttribution Further Notice, 11 FCC Rcd 19,895, 19,906 (1996). Moreover, our review of the record in  xthis case reveals no other circumstances that would preclude grant of Clear Channel's applications. We  xtherefore conclude that, with respect to local radio ownership, Clear Channel's acquisition of the ten  xPaxson stations in the MiamiFt. LauderdaleWest Palm Beach area would not be inconsistent with the  S-public interest. See, e.g., WHFS, Inc., 12 FCC Rcd 3965 (1997). x  S|-  x%38. Radio Ownership: OrlandoTampaSt. PetersburgFort Myers. Clear Channel controls the  x[licensee of the following nine stations, three of which are AM stations and six of which are FM stations:  xWRBQ(AM), St. Petersburg; WRBQFM, Tampa; WCKT(FM), Lehigh Acres, Florida; WQNU(FM),  xSolana, Florida; WKII(AM) and WXRM(FM), Port Charlotte, Florida; WOLZ(FM), Fort Myers;  xWMTX(AM), Pinellas Park, Florida; and WMTX(FM), Clearwater, Florida. Clear Channel proposes to  xacquire the following ten stations three AM and seven FM from Paxson: WWNZ(AM) and  xWHSE(FM), Orlando; WJRR(FM) and WTKS(FM), Cocoa Beach, Florida; WMGF(FM), Mount Dora,  xFlorida; WQTM(AM), Pine Hills, Florida; WSJT(FM), Lakeland, Florida; WHPT(FM), Sarasota; WILV xFM, St. Petersburg and WZTM(AM), Largo, Florida. These stations do not all mutually overlap. As  xwith Clear Channel's proposed radio ownership in MiamiFort LauderdaleWest Palm Beach, we have  xevaluated Clear Channel's showing and have determined that these stations constitute seven local radio  xmarkets, each composed of stations with mutually overlapping principal community contours. The seven  xrelevant local radio markets are made up of the following station combinations: Market 1 has eight stations  x(three AM and five FM); Market 2 has five stations (one AM and four FMs); Market 3 has four stations  xx(two AM and two FM); Market 4 has four stations (two AM and two FM); Market 5 has six stations (two  x.AM and four FM); Market 6 has three stations (one AM and two FM); Market 7 has four stations, all  S -of which are FM stations.h  ח yOd#- xԍ The specific mutually overlapping stations in each market are: Market 1WZTM(AM), WMTX(AM),  x WRBQ(AM), WSJT(FM), WHPT(FM), WRBQ(FM), WMTXFM, WILV(FM); Market 2WQTM(AM), WSJT(FM),  x,WHPT(FM), WRBQFM, WILV(FM); Market 3 WKII(AM), WZTM(AM), WSJT(FM), WHPT(FM); Market 4  xԩWKII(AM), WZTM(AM), WXRM(FM), WHPT(FM); Market 5 WWNZ(AM), WQTM(AM), WMGF(FM),  xWJRR(FM), WTKS(FM), WSHE(FM); Market 6 WKII(AM), WOLZ(FM), WXRM(FM); and Market 7 WOLZ(FM), WCKT(FM), WQNU(FM), WXRM(FM). h " @ ,>(>(ZZG""Ԍ  Oԙx&39. We have evaluated Clear Channel's showing and have determined that there are at least 45  xradio 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  xsameservice stations in any of these markets. Therefore, Clear Channel's proposed ownership of stations  x[in Markets 1, 2, 3 and 5 complies with the local radio ownership rules' overall numerical ownership limit  x[of eight stations and the five station limitation on sameservice ownership applicable to markets of 45 or  xmore stations. In Market 4, Clear Channel proposes to own four stations, two AM and two FM. Based  xon Clear Channel's showing, we have determined that there are 38 stations in this local radio market.  xUnder the local radio ownership rules, in a market with 30 to 44 commercial stations, a party may own  xup to seven stations, no more than four of which are in the same service. Thus, Clear Channel's  xownership of four stations, no more than two of which are in the same service, in Market 4 complies with  xthe rules' numerical limits overall and for sameservice station ownership. Clear Channel will acquire no  xnew stations from Paxson in Market 6 or in Market 7, and its radio ownership in these markets was  xpreviously approved. However, two stations in these markets WKII(AM) and WXRM(FM) do have  xZprincipal community contour overlap with Paxson stations in Market 3 and Market 4. Common ownership  xof these two stations and the stations that Clear Channel will acquire from Paxson has been considered  xin connection with our analysis of Market 3 and Market 4. Moreover, our review of the record in this  SX- xcase reveals no other circumstances that would preclude grant of Clear Channel's applications.|Xח yO- xԍ We note that Clear Channel amended its application to report that it will enter into a joint sales agreement  xwith WHNZ(AM), Pinellas Park, Florida, an additional station that Paxson controls in the St. Petersburg area.  xAlthough Clear Channel does not seek to acquire this station from Paxson, Clear Channel also states that it  xcontemplates entering into a oneyear assignable option agreement for the right to purchase WHNZ(AM). The joint  xsales agreement with this station does not represent an attributable interest under the local radio ownership rules.  {O- xSee, e.g., Report and Order in MM Docket No. 91140, 7 FCC Rcd 2755, 278788 (1992), but see, Attribution  {Or-Further Notice, 11 FCC Rcd at 19,91112.  We  xconclude that, with respect to local radio ownership, Clear Channel's acquisition of the ten Paxson stations  S-would not be inconsistent with the public interest. See, e.g., WHFS, Inc., supra.  S-x   S-  x'40. Radio Ownership: Cookeville, Tennessee; Panama City and Tallahassee, Florida. Clear  xkChannel is also acquiring from Paxson existing radio station combinations in local radio markets in the  x>following communities: a combination of two AM and two FM stations in Cookeville, Tennessee; a  xcombination of one AM and four FM stations in a local radio market in Panama City, Florida; and a  xcombination of one AM and four FM stations in a local radio market in Tallahassee, Florida. Clear  x=Channel does not control any radio stations that have principal community contours overlapping any of  x-the principal community contours of these Paxson stations and these station combinations previously were  xreviewed for compliance with the local radio ownership rules. In addition, based on the record here, we  Sz-find no other circumstances that would preclude Clear Channel's acquisition of these stations. Id.  S,-x.CONCLUSIONă   x(41. For the reasons stated herein, we will approve temporary, conditional onetoamarket  x.waivers for radiotelevision combinations in Mobile/Pensacola and Jacksonville/Brunswick. In addition,  xwe find that the parties are fully qualified to be Commission licensees, and that grant of Clear Channel's  Sf-proposed acquisition of radio stations from Paxson and Capitol is in the public interest.   S>-x   x)42. Accordingly, IT IS ORDERED, That the request for waiver of the Commission's onetoa"  ,>(>(ZZu!"ԫ xkmarket rule, 47 C.F.R.  73.3555(c), to permit common ownership of WPMI(TV), Mobile, Alabama,  xWNTM(AM), Mobile, Alabama, WMXC(FM), Mobile, Alabama, WKSJFM, Mobile Alabama;  xLWRKH(FM), Mobile Alabama, WDWGFM, Atmore, Alabama, WKSJ(AM), Pritchard, Alabama, and  xWTKXFM, Pensacola, Florida IS HEREBY GRANTED subject to the outcome in the pending television  S`- xownership rulemaking proceeding, Second Further Notice of Proposed Rule Making, MM Docket Nos.  S:- x91221 and 878, 11 FCC Rcd 21,655 (1996) and in the pending broadcast attribution proceeding, Further  S- xNotice of Proposed Rule Making, MM Docket Nos. 94150, 9251 & 87154, 11 FCC Rcd 19,985 (1996).  xNShould divestiture be required as a result of those proceedings, Clear Channel is directed to file an  xapplication for Commission consent to sell the necessary station(s) within six months from the release of the final Orders in those proceedings.   ^x*43. IT IS FURTHER ORDERED, That the request for waiver of the Commission's onetoa x=market rule, 47 C.F.R.  73.3555(c), to permit common ownership of WAWSTV, Jacksonville, Florida,  x-WZNZ(AM), Jacksonville, Florida, WNZS(AM), Jacksonville, Florida, WROOFM, Jacksonville, Florida,  x.WTLKFM, Ponte Vedra Beach, Florida, WPLA(FM), Callahan, Florida and WFSJFM, St. Augustine,  xLFlorida IS HEREBY GRANTED subject to the outcome in the pending television ownership rulemaking  S - xproceeding, Second Further Notice of Proposed Rule Making, MM Docket Nos. 91221 and 878, 11 FCC  S`- xLRcd 21,655 (1996) and in the pending broadcast attribution proceeding, Further Notice of Proposed Rule  S:- x.Making, MM Docket Nos. 94150, 9251 & 87154, 11 FCC Rcd 19,985 (1996). Should divestiture be  x=required as a result of those proceedings, Clear Channel is directed to file an application for Commission  xzconsent to sell the necessary station(s) within six months from the release of the final Orders in those proceedings.   x+44. IT IS FURTHER ORDERED, That, having found the applicants fully qualified, the  xapplications to assign the licenses of: WTLKFM, Ponte Vedra Beach, Florida; WILVFM, St. Petersburg,  xFlorida; WTKS(FM), Cocoa Beach, Florida; WHSE(FM), Orlando, Florida; WNLS(AM), Tallahassee,  xFlorida; WTNT(FM), Tallahassee, Florida; WSNI(FM), Thomasville, Georgia; WXSR(FM), Quincy,  xFlorida; WJZT(FM), Midway, Florida; WPAPFM, Panama City, Florida; WPBH(FM), Parker, Florida;  xWDIZ(AM), Panama City, Florida, WFSY(FM), Panama City, Florida; and WSHF(FM), Mexico Beach,  xFlorida, File Nos. BAL, BALED, BALH970627GL, GY, HB, HD, HLHR, HUHW from Paxson Communications Corporation to Clear Channel Metroplex Licenses, Inc., ARE HEREBY GRANTED.   x,45. IT IS FURTHER ORDERED, That, having found the applicants fully qualified, the  xzapplications to assign the licenses of: WZNZ(AM), Jacksonville, Florida; WNZS(AM), Jacksonville,  xFlorida; WROOFM, Jacksonville, Florida; WPLA(FM), Callahan, Florida; WPTN(AM), Cookeville,  x\Tennessee; WGSQ(FM), Cookeville, Tennessee; WHUB(AM), Cookeville, Tennessee; WGIC(FM),  xCookeville, Tennessee; WAVK(FM), Marathon, Florida; WKRY(FM), Key West, Florida; WHPT(FM),  x[Sarasota, Florida; WZTM(AM), Largo, Florida; WSJT(FM), Lakeland, Florida; WWNZ(AM), Orlando,  xKFlorida; WJRR(FM), Cocoa Beach, Florida; WMGF(FM), Mount Dora, Florida; WQTM(AM), Pine Hills,  xFlorida; and WFSJFM, St. Augustine, Florida, File Nos. BAL, BALH, BAPLH970627GIGK, GMGO,  xGP, GQ, GS, GT, GVGX, GZ, HA, HB, HE, and HX, from L. Paxson, Inc., to Clear Channel Metroplex Licenses, Inc., ARE HEREBY GRANTED.   x-46. IT IS FURTHER ORDERED, That, having found the applicants fully qualified, the  xZapplications to assign the licenses of: WKFZ(FM), Plantation Key, Florida; WFTL(AM), Fort Lauderdale,  xFlorida; WINZ(AM), Miami, Florida; WZTA(FM), Miami Beach, Florida; WIOD(AM), Miami, Florida;  xWLVE(FM), Miami Beach, Florida; File Nos. BAL, BALH970627 GR, HF, HHHK, from L. Paxson,"&,>(>(ZZn("  xInc., to Clear Channel Metroplex Licenses, Inc., the applications to assign the license of WBZT(AM),  x=West Palm Beach, Florida, BAL970627GE, and the applications to assign the licenses and construction  xpermits of : WKGR(FM), Fort Pierce, Florida; and WOLL(FM), Riviera Beach, Florida, File Nos.  xBAPLH970627GG, GH from LWP Radio, Inc. to Clear Channel Metroplex Licenses, Inc., and the  xapplication to assign the license of WPLL(FM), Fort Lauderdale, File No. BALH970627HG, from Paxson  xCommunications Corporation to Clear Channel Metroplex Licenses, Inc., ARE HEREBY GRANTED,  S- x=subject to the outcome in the pending broadcast attribution proceeding, Further Notice of Proposed Rule  S- x.Making, MM Docket Nos. 94150, 9251 & 87154, 11 FCC Rcd 19,985 (1996). Should divestiture be  xrequired as a result of that proceeding, Clear Channel is directed to file an application for Commission  xconsent to sell the necessary station(s) within six months from the release of the final Order in that proceeding. x   x.47. IT IS FURTHER ORDERED, That, having found the applicants fully qualified, the  xyapplications to assign the licenses of: WNTM(AM), Mobile, Alabama; WMXCFM, Mobile, Alabama,  xWKSJFM, Mobile, Alabama; WRKH(FM), Mobile, Alabama; WDWG(FM), Atmore, Alabama; and  xMWKSJ(AM), Pritchard, Alabama, File Nos. BAL, BALH970408GOGT from Capitol Broadcasting  xCompany, L.L.C. to Clear Channel Radio Licenses, Inc., and the application to assign WTKXFM,  xPensacola, Florida, File No. BALH970627HS, from Paxson Communications Corporation to Clear  xChannel Metroplex Licenses, Inc., ARE HEREBY GRANTED subject to the condition that Clear Channel  xlmust terminate any attributable relationship, including its existing local marketing agreement, with WYCL(FM), Pensacola, Florida prior to or concurrently with consummation of this transaction. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x  S|- @Roy J. Stewart  ST- @Chief, Mass Media Bureau  S-  S-  S-    x  S -