******************************************************** 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. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) CHANNEL 66 OF TAMPA, INC. ) (Assignor) ) ) and ) File No. BALCT-970505IC ) PAXSON COMMUNICATIONS ) CORPORATION ) (Assignee) ) ) For Consent to the Assignment of) License of Television Station ) WFCT(TV), Bradenton, Florida ) MEMORANDUM OPINION AND ORDER Adopted: December 12, 1997 Released: December 15, 1997 By the Chief, Mass Media Bureau: 1. The Commission, by the Chief, Mass Media Bureau, acting pursuant to delegated authority, has before it the above-captioned application to assign the license of television station WFCT(TV), Channel 66 (IND), Bradenton, Florida, from Channel 35 of Miami, Inc. ("Channel 35") to Paxson Communications Corporation ("Paxson"). Since Paxson also owns and operates the licensee of radio station WHNZ(AM), Pinellas Park, Florida, whose 2 mV/m contour encompasses WFCT(TV)'s city of license, grant of the subject assignment application would create a new radio-television combination that requires waiver of 47 C.F.R.  73.3555(c), the Commission's one-to-a-market rule. Paxson requests such a waiver. 2. Paxson bases its waiver request on the one-to-a-market waiver standards adopted in the Second Report and Order in MM Docket 87-7, 4 FCC Rcd 1741 (1989) ("Second Report and Order"), recon. granted in part and denied in part, 4 FCC Rcd 6489 (1989) ("Second Report and Order Recon."). In accordance with these standards, the Commission presumptively favors waiver requests involving stations serving the top 25 markets where at least 30 separately owned, operated and controlled stations will remain following the proposed combination ("top 25 market/30 voice standard"). See 47 C.F.R.  73.3555(c), Note 7. Paxson notes that the Designated Market Area (DMA) in which the station is located, the Tampa-St. Petersburg- Sarasota DMA, is the 15th largest in the country. Paxson also demonstrates that following consummation of the proposed transaction there will be 39 independent broadcast voices in the market, including 14 separately owned television stations and 25 separately owned radio stations. Our independent analysis confirms that more than 30 independent broadcast voices will continue to serve the market after consummation. Accordingly, we believe that waiver of the one-to-a-market rule under the "top 25 market/30 voice standard" is warranted. 3. Having determined that the applicants are qualified in all respects, we find that grant of the assignment application will serve the public interest, convenience and necessity. Accordingly, IT IS ORDERED, That the request for a permanent waiver of the Commission's one-to-a-market rule, 47 C.F.R.  73.3555(c), to allow Paxson common ownership and operation of WFCT(TV), Bradenton, Florida, and WHNZ(AM), Pinellas Park, Florida, IS GRANTED. 4. IT IS FURTHER ORDERED, That the above-captioned application for assignment of license of television station WFCT(TV), Bradenton, Florida, from Channel 35 of Miami, Inc. to Paxson Communications Corporation (File No. BALCT-970505IC) IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau