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The Commission, by the Chief, Mass Media Bureau, acting pursuant to delegated  |$authority, has before it the request of Seagull Communications Corporation ("Seagull"), for  X4 |$waiver of 47 C.F.R.  73.3555(c), the Commission's onetoamarket rule.4"e yO' G6! ԍThe Mass Media Bureau has delegated authority to act on uncontested onetoamarket requests that involve  {O' |$ stations in the top 100 television markets and present no new or novel issues. Louis C. DeArias, 11 FCC Rcd 3662,  |$ 3667 (1996). This case presents no new or novel issues, and the subject television station, KSGI, is located in the  yO_'Salt Lake City Designated Market Area, the 36th largest U.S. television market. 4 Seagull is the  Xu4 |$Ilicensee of television station KSGITV, Channel 4 (IND), Cedar City, Utah ("KSGI").ue yO' G6!y ԍWe note that Seagull has filed an application to assign the license for KSGI to an unrelated third party (BALCT970805KF). Seagull  |$8principals Morgan Skinner and Lavon Randall are principals of KSGI, Inc., licensee of radio  XG4 |$"station KSGI(AM), and KZEZ, Inc., licensee of KZEZ(FM), St. George, Utah.hG e yO 'ԍKZEZ(FM) formerly operated under the call sign KSGIFM.h The Grade A  |$signal of KSGI, computed using the standard prediction methods set forth in 47 C.F.R.  73.684,  |$completely encompasses St. George. Therefore, Seagull's ownership of KSGI appears to be  |$yinconsistent with Section 73.3555(c) of the Commission's Rules, which prohibits the common  X4 |$ownership of television and radio stations in the same market.Be yO6%' G6!_ ԍSection 73.3555(c) of the Commission's Rules prohibits the common ownership of radio and television  |$ stations in the same market if the 2 mV/m contour of an AM station or the 1 mV/m contour of an FM station  |$ encompasses the entire community of license of a television station or, conversely, if the Grade A contour of a  |$ television station encompasses the entire community of license of an AM or FM station. 47 C.F.R.  73.3555(c).  |$ Although Seagull disclosed the broadcast interests of its principals in its application to acquire the station from the"V(,))\("  |$^ previous licensee (BALCT931020KF), it states that it inadvertently failed to seek a waiver of the onetoamarket  |$ rule. Seagull explains that it did not believe that KSGI's Grade A signal would encompass the city of St. George  {O ' |$* because, inter alia, 53 miles of mountainous terrain separate St. George and Cedar City. This matter came to the  |$g Commission's attention in connection with a subsequent FM licensing proceeding (BPH930527MF) in which  |$x petitioner MidUtah Radio, Inc., charged that Morgan Skinner and Levon Randall, principals of the FM applicant,  |$g were in violation of the onetoamarket rule due to their common ownership of KSGI and the St. George radio  |$ stations. The staff's independent engineering analysis of the stations confirms that the Grade A contour of KSGI completely encompasses St. George.  By letter dated December 19,",))ZZ"  x1996, the Chief, Video Services Division, directed Seagull to demonstrate how continuation of  x0its common ownership of stations KSGI and KSGI(AM)/FM was consistent with the  xCommission's multiple ownership rules. On May 1, 1997, Seagull submitted a request for waiver  xof the onetoamarket rule, and on August 7, 1997, the Video Services Division released a Public  xNotice (Report No. 24050C) inviting interested parties to file comments in response to the waiver  xrequest. Seagull filed comments in response to the Public Notice. No other comments were received.  XH4 "42. Seagull bases its waiver request on the onetoamarket waiver standards adopted in the  X14 xZSecond Report and Order in MM Docket 877, 4 FCC Rcd 1741 (1989), recon. granted in part  X 4 xand denied in part, 4 FCC Rcd 6489 (1989). In accordance with these standards, the  xCommission presumptively favors waiver requests involving: (a) station combinations serving  xthe top 25 markets where there remain at least 30 separately owned, operated and controlled  xbroadcast licenses or "voices" after the proposed combination is consummated ("top 25 market/30  X 4 x/voice standard")s X yOE' "8 ԍThe Commission has been directed to "extend its [onetoamarket] waiver policy to any of the top 50  {O ' x markets, consistent with the public interest, convenience, and necessity." See Telecommunications Act of 1996, Pub.  x L. No. 104104,  202(d), 110 Stat. 56 (1996). A proposal to implement this extension of our waiver policy is  {O' x pending. Second Further Notice of Proposed Rulemaking, MM Docket Nos. 91221 and 878, FCC 96438 at  66 (released November 7, 1996).s; or (b) "failed" broadcast stations, i.e., stations which have not been operating  X 4 xfor a substantial period of time (four months or more) or are involved in bankruptcy proceedings.  X4See 47 C.F.R.  73.3555(c), note 7.  Xh4 "3. Seagull filed an application to acquire KSGI out of bankruptcy on October 20, 1993  XQ4 x"(BALCT931020KF). The former licensee had originally filed for protection under Chapter 11  xof the Bankruptcy Code on December 17, 1992, and the case was converted to a proceeding  xunder Chapter 7 on June 22, 1993. Additionally, the station did not broadcast from November  x1992 until February 1, 1994, when it was returned to the air by Seagull. For these reasons, we  xMconclude that Seagull has met the necessary standard to receive a waiver under the "failed station"  X4 xcriterion. See Carlos J. Lastra, Trustee, 10 FCC Rcd 7163 (1995); Hombres Enterprises, Inc.,Ä  X4 x<10 FCC Rcd 3793 (1995); WPRVTV, Inc., 9 FCC Rcd 5296 (1994); Dennis Elam and Bakke  X4Communications, Inc., 8 FCC Rcd 5185 (1993).  " ,-(-(ZZF"  X4 "4. Accordingly, IT IS ORDERED, That Seagull's request for waiver of the onetoamarket rule IS GRANTED.  X4 ` `  hhCFEDERAL COMMUNICATIONS COMMISSION ` `  hhCRoy J. Stewart ` `  hhCChief, Mass Media Bureau