WPC11 2MBR? Z3|PTimes New Roman (TT)sTimes New Roman Bold;PTimes New Roman (TT)Arial (TT)Times New Roman (Bold) (TT)]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNd<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd2}*@@BZ"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddd<d<CCoodCCddCoCddzzzzzzzzzzCCCCozdddddddYYYYY8888dddddddndddddYd X- X   ):b X-x  #XP\  P6Q XP#Federal Communications Commission`(# FCC 97107 ă  yxdddy ) 1. 1. 1. a.(1)(a) i) a) 1. 1. i.(1)(a)(i) 1) a)*2 Before the x Federal Communications Commission  X-Washington, D.C. 20554 ă In re Applications ofR#XP\  P6Q XP#) R) NEWCITY COMMUNICATIONS, INC.R) (TRANSFEROR)R) R) andR) R) COX RADIO, INC.R) (TRANSFEREE)R) R) For transfer of control of the licensee of:R) R)  X-WODL(FM), Birmingham, AlabamaR)h File Nos.BTCH 960725GS  Xy-WZZK(AM), Birmingham, AlabamaR)hppBTC 960725GI  Xb-WZZKFM, Birmingham, AlabamaR)hppBTCH 960725GJ  XK-WEZN(FM), Bridgeport, ConnecticutR)hppBTCH 960725GG  X4-WDBO(AM), Orlando, FloridaR)hppBTC 960725GM  X-WWKA(FM), Orlando, FloridaR)hppBTCH 960725GN  X-WZKD(AM), Orlando, FloridaR)hppBTC 960725GW  X-WCFB(FM), Daytona Beach, FloridaR)hppBTCH 960725GX  X-WJZF(FM), La Grange, GeorgiaR)hppBTCH 960725GH  X-WBBS(FM), Fulton, New YorkR)hppBTCH 960725GT  X-WSYR(AM), Syracuse, New YorkR)hppBTC 960725GO  X-WYYY(FM), Syracuse, New YorkR)hppBTCH 960725GP  X|-KRMG(AM), Tulsa, OklahomaR)hppBTC 960725GK  Xe-KWEN(FM), Tulsa, OklahomaR)hppBTCH 960725GL  XN-KJSR(FM), Tulsa, OklahomaR)hppBTCH 960725GV  X7-KKYX(AM), San Antonio, TexasR)hppBTC 960725GQ  X -KCYY(FM), San Antonio, TexasR)hppBTCH 960725GR  X -KCJZ(FM), Terrell Hills, TexasR)hppBTCH 960725GU  X-K237AS, San Antonio, TexasR)hppBTCFT 960725TW  X!-|  MEMORANDUM OPINION AND ORDER TP  X#-X` hp x (#%'0*,.8135@8:programming to WJZF pursuant to an attributable LMA. Because WJZF's 1 mV/m contour  xLencompasses the City of Atlanta, which is the community of license of WSBTV, Cox requests  xa temporary waiver of the onetoamarket rule to permit common ownership of WJZF and WSB X- xTV. Because Atlanta is also the community in which the Atlanta Journal and the Atlanta  X- xConstitution are published, Cox requests a temporary waiver of the daily newspaper/radio cross X|- xownership rule.% |@ yOm!-  ԍxSection 73.3555(d) of the Commission's rules, 47 C.F.R. Section 73.3555(d), prohibits the grant of an FM  xbroadcast station license to any party (including all parties under common control) if such party directly or indirectly  xowns, operates or controls a daily newspaper and the grant of such license will result in . . . [t]he predicted 1 mV/m contour of an FM station . . . encompassing the entire community in which such newspaper is published."% Cox requests waivers for either 18 months or until such time as the  xCommission resolves its pending proceedings relating to the onetoamarket rule and its radio xnewspaper crossownership waiver policies, whichever is later. As requested, and in keeping  xwith past practice, we will grant waivers of the onetoamarket rule and the daily newspaper"7( ,-(-(ZZ"  xcrossownership rule during the pendency of and subject to the outcome in our ongoing  xproceedings involving television ownership and waiver of the radionewspaper crossownership  xrule. This action is based upon our finding that the temporary nature of the ownership  xLcombination permitted by grant of the waivers will not unduly affect diversity and competition  X-in Atlanta,R X yO-  ԍxCf.ĠNewCity Communications, 10 FCC Rcd at 4990 (denying permanent waiver of onetoamarket rule to  xpermit Cox to purchase WJZF(FM) where Cox failed to establish that public interest benefits were substantial enough to warrant permanent waiver).R and will permit the proposed Cox/NewCity merger to go forward.  Xv-  x7. Local Radio Ownership. In Orlando, Cox proposes to own, operate, or control four  xFM stations and three AM stations. Staff analysis indicates that the seven radio stations  x[combined garner 32% of radio advertising revenues in the market. In Atlanta, Cox proposes to  xown/broker, operate, or control two FM stations and two AM stations. Staff analysis indicates  xthat the four Cox radio stations combined will garner 17% of radio advertising revenues in the  xmarket. With respect to other markets in which Cox will control more than one radio station in  xMthe same service, Cox has made the requisite showings to demonstrate compliance with the  X - xnumerical limitations of our local radio ownership rules,   yOn-  ԍxAssignment or transfer applications that will result in principal community contour overlaps between more  xhthan one commonlyowned radio station in the same service must include an exhibit demonstrating compliance with  yO- xthe local radio ownership rule, 47 C.F.R. Section 73.3555(a). Revision of Radio Rules and Policies, 7 FCC Rcd  yO- x2756, 2779 n.102 (1992), recon. granted in part, denied in part, 7 FCC Rcd 6387 (1992). See Shareholders of  yO-Citicasters, Inc., FCC 96380 (released September 17, 1996), at para. 3 & n.4. and our own review of the  xLcombinations involved, as set forth in paragraphs 5865, reveals nothing which should bar our consent. x  Xy-  ORLANDO MARKET ă  XK-x OnetoaMarket Waiver  X4-x  X-  x8. 1MKTBEG  Cox bases its request for a onetoamarket waiver on the standards adopted in the  X- x]Second Report and Order in MM Docket No. 877, 4 FCC Rcd 1741 ("Second Report and  X- xOrder"), recon. granted in part, denied in part, 4 FCC Rcd 6489 (1989) ("Second Report and  X- xOrder Recon."). Under these criteria, the Commission presumptively favors waiver requests  xlinvolving station combinations serving the top 25 markets where there remain at least 30  xLseparately owned, operated and controlled broadcast licensees or "voices" after the proposed  X- x-combination is consummated ("top 25 market/30 voice standard").  yO"-  ԍxThe Commission has been directed to "extend its [onetoamarket] waiver policy to any of the top 50  yO#- xmarkets, 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  yO4%-pending. TV Ownership Second Further Notice, para. 66. The Commission also favors  xrequests involving "failed" broadcast stations, that is, stations that have not been operating for  Xe- x=a substantial period of time, e.g., four months, or that are involved in bankruptcy proceedings. "e ,-(-(ZZ"  X- xSee 47 C.F.R. Section 73.3555 note 7. Waiver requests not eligible for consideration under either  xthe "top 25 market/30 voice standard" or the "failed" station standard are evaluated under the  X-more rigorous casebycase standard, as set forth in the Second Report and Order.  X-  x9. 1MKTEND  Although OrlandoDaytona BeachMelbourne, Florida is the 22nd largest DMA,  xaccording to Nielsen, Cox's request must be evaluated under the casebycase standard because  xthe proposed transaction involves the common ownership of more than one same service radio  X_- xstation with a television station.K _ yO-  ԍxSee Revision of Radio Rules and Policies (Recon.), 7 FCC Rcd 6387, 6394 n.40 (1992) (noting that  x+ consideration of onetoamarket waivers under the casebycase standard is appropriate where a transaction implicates  xthe revised local radio ownership limits, pending possible revision of the onetoamarket rule in television ownership  yO0 -proceeding under consideration). See also Moosey Communications, Inc., 8 FCC Rcd 5247, 5247 (1993).K Under the casebycase standard, the Commission makes a  xLpublic interest determination based upon the following criteria: (1) the potential public service  xbenefits of common ownership of the facilities, such as the economies of scale, cost savings and  xprogramming and service benefits; (2) the types of facilities involved; (3) the number of media  xoutlets owned by the applicant in the relevant market; (4) any financial difficulties involving the  xstation(s); and (5) issues pertaining to the level of diversity and competition within the affected  X - x>market. See Second Report and Order, 4 FCC Rcd at 175354. We also note that not all five  X - xof the factors mentioned are necessarily relevant in each case. See Second Report and Order  X - xyRecon., 4 FCC Rcd at 6491. In support of its permanent waiver request, Cox submits a showing which addresses each of the five casebycase factors.  Xb-x` ` Q'Waiver Showingă x  X6-  x 10. Benefits of Joint Operation. Cox asserts that numerous cost savings and operating  xefficiencies will result from its ownership of WFTV(TV) and the seven radio stations, and that  xpublic service benefits will be generated by that ownership. Cox estimates at least $423,000 in  xsavings annually from common ownership of WFTV and the seven radio stations. Common  xownership of WFTV and the radio stations will account for $187,000 in annual savings, while  xL$236,000 is attributable to consolidation of radio station operations. Cox anticipates that it will  xbe able to derive significant operational and cost efficiencies from centralizing the administration  xand certain sales, news and programming functions of the radio stations. In addition, Cox  xexpects to obtain discounts on purchases ranging from major capital items to small supplies for  xWFTV and the radio stations, as well as group discounts on direct mail and outdoor advertising,  xypromotional merchandise and audience research services. Cox states that WFTV and the radio  xLstations will also be able to share technical expertise and to coordinate tower maintenance and inspections, as well as the use of consultants on issues such as tower load capacities.  X-  x 11. Cox projects that in the area of programming, common ownership of WFTV and the  xradio stations will permit enhanced news coverage and public affairs programming at reduced  xcosts. For example, WFTV would be in a position to simulcast major events such as town  x1meetings, sporting events and political debates on one or more of the radio stations. "! ,-(-(ZZ "  xAdditionally, all stations would be able to share the product of radio and television news  xresources such as stringers, wire services and other news providers. Cox plans to use WFTV's  x.weather services to broadcast weather reports on WWKA(FM), which Cox claims would save  xthe radio station the expense of hiring its own meteorologist while at the same time greatly  xenhancing its coverage of weather problems in the Orlando area. Cox notes that WDBO has  xicomprehensive facilities for tracking traffic and road conditions, which could be shared with other radio stations. x  XH-  |x 12. Common ownership of the television and radio stations will also permit enhanced  xnonbroadcast public service activities, according to Cox. Such activities include promoting  xcharitable efforts and disseminating consumer information to the wide range of audiences  x>attracted to the radio stations' differing formats. In addition, Cox asserts that the proposed  xcommon ownership will have unique benefits in the area of children's television programming.  xLStation WZKD(AM) (presently licensed to NewCity) is programmed exclusively for children, a  xformat that Cox states is not commercially viable as a standalone format. Cox states that  xcommon ownership with WFTV would be critical to the station's continuation, and would permit  xdevelopment and joint purchases of additional educational children's radio and television  xprograms. Cox plans to air a daily program guide on WZKD that would detail WFTV's  xscheduling of educational and informational children's programming, and conversely, WZKD  x=plans to air a daily program guide on WFTV detailing its children's radio programs. Cox states  xthat parents will thus be informed when such programming will be available for children to watch  xand listen to, which is consistent with the Commission's recently modified rules governing  X- xchildren's programming. See Policies and Rules Concerning Children's Television Programming, 11 FCC Rcd 10660 (1996).  X-  x 13. Cox further asserts that common ownership will enable the stations to engage in joint  x=recruitment of minority and female employees, and that common ownership could facilitate the  xdevelopment of a joint radio/television web site on the Internet. Cox claims that common  xownership would also facilitate improvement of the technical facilities of AM station WHOO  Xe- xK(presently licensed to Infinity)Ne yO-ԍxSee supra note 2.N because of Cox's financial resources and technical expertise. Cox  xreports that the station's facilities are in need of substantial repairs and that WHOO is currently operating at variance from its authorized parameters pursuant to special temporary authority.  X -  0x 14. Other Media Outlets/Types of Facilities. Cox states that the facilities it proposes to  xown are comparable to many other stations in the Orlando market. VHF television station  xWFTV, an ABC affiliate, is one of 14 television stations (including three noncommercial stations)  X - xlicensed to the OrlandoDaytona BeachMelbourne DMA. X yO$-ԍxConstruction permits are outstanding for two additional commercial television stations. The station operates on Channel 9,  xwith 316 kW authorized power, from an antenna height above average terrain (HAAT) of 1570  xfeet. There are two other network VHF stations in this DMA, and Cox states that parts of the"",-(-(ZZ!"  xmarket receive Grade B service from five other commercial VHF stations. Cox has an LMA  X-with the permittee of WZWY(TV), Orlando, which is an unbuilt facility. See supra note 5.  X-  x15. WWKA is a Class C FM station, operating at authorized power of 100 kW from an  xantenna 408 meters HAAT. WCFB is a Class C FM station, operating at authorized power of  x100 kW from an antenna 448 meters HAAT. WHTQ is a Class C FM station, operating at  x\authorized power of 100 kW from an antenna 487 meters HAAT. WMMO is a Class C2 FM  xstation, operating at authorized power of 38 kW, from an antenna 134 meters HAAT. WHOO  xyis a Class B AM station operating at authorized power of 50 kW. WDBO and WZKD are Class  xB AM stations operating at authorized power of 5 kW. According to Cox, there are a total of  x38 AM radio stations with principal community contours that overlap those of the radio stations  x>Cox proposes to coown, and WDBO, WHOO and WZKD are only three of 33 Class B AM  x=stations in this market, including two other 50 kW AM stations, three 10 kW AM stations and  x\13 other 5 kW AM stations. Cox asserts that there are a total of 23 FM stations in the same  xmarket, including nine other Class C stations, four Class C1 stations and three other Class C2  xLstations. Cox adds that the Orlando DMA is highly competitive and diverse, and that it would  x be competing against other media group owners, including Paxson Communications, Press Broadcasting Co., Chancellor Broadcasting Co. and Pulitzer Broadcasting.  XK-  x16. In addition to WFTV, Cox owns a 47.5% voting stock interest in NewsJournal  X4- xCorp., which publishes a daily newspaper in Daytona Beach, the Daytona Beach NewsJournal.  xCox maintains that this interest is nonattributable under the Commission's ownership rules  X- xbecause a majority of the stock of NewsJournal Corp. is held by a single shareholder. See 47  xC.F.R. Section 73.3555 note 2(b). Cox also asserts that this interest was reviewed and approved  xby the staff as not violating the Commission's crossinterest policy in connection with Cox's  X- xacquisition of WFTV in 1985.x yO:-  ԍxFile No. BALCT850712KF, authorization granted August 29, 1985. Cox submitted a showing in 1985  x-which indicated that a majority (52.5%) of the stock of NewsJournal Corp. would be held by a single entity and  xKvoted by one individual. Additionally, Cox provided data to indicate that the Daytona Beach newspaper and the  xOrlando television station did not compete for the same advertising revenue: in 1984, only 2.1% of WFTV's  yOZ- xadvertising revenue was attributable to Daytona Beach/Volusia County advertisers, while 88.83% of the News yO"- xJournal's advertising revenue came from Daytona Beach/Volusia County advertisers, and less than 1% of the newspaper's circulation was outside Volusia and Flagler counties. Cox states further that because it is only a minority owner of  X- x=NewsJournal Corp., it has no control over the Daytona Beach NewsJournal's operations. As  xlevidence that the newspaper does not compete directly with Orlando media, Cox cites to  X|- x>Circulation 96, which reports no circulation for the Daytona Beach NewsJournal in Orange  Xe-County, Florida (Orlando), while the Orlando Sentinel has a circulation there of 120,245. x  X7-  x17. Cox also owns a cable system serving Ocala, Florida. Cox's cable system serves  x[Ocala and portions of Marion County, Florida. Cox states that Ocala is located on the "fringe"  xof the Orlando DMA, outside WFTV's Grade B contour, in compliance with 47 C.F.R. Section  x76.501. According to an engineering map supplied by Cox, Ocala is located approximately 60  xmiles northwest of Orlando. As evidence that Ocala media do not compete directly with Orlando",-(-(ZZ"  xmedia, Cox points out that while television station WOGXTV, Ocala, is physically located in  xthe Orlando DMA, Nielsen assigns it to the Gainesville DMA for reporting purposes. Cox  xreports that its Ocala cable system serves less than 5% of all cable subscribers in the Orlando  xDMA. Cox notes further that some of the largest cable group owners are present in the Orlando DMA, including Cablevision Industries, TCI Cablevision and Time Warner.  Xv-  x18. Economic Status. Cox reports that neither WFTV nor the radio stations are in a state  xof financial distress. Cox does explain, however, that WZKD, the children's FM radio station,  xLis not a commercial success, ranking 45th out of 51 reported stations in Arbitron's Winter 1996  xsurvey of the Orlando market with an average quarterhour share of only 0.1. Cox claims that  xcommon ownership with WFTV and the other radio stations would permit WZKD to continue  xjits unique children's format despite its lack of financial viability. Cox also notes again that AM  xkstation WHOO's facilities are in poor condition and will require extensive repairs so that the  xstation can return to its authorized operations. Cox states that its acquisition of WHOO will permit substantially improved operations.  X-  x19. Competition and Diversity in the Market. Cox asserts that the OrlandoDaytona  x[BeachMelbourne DMA, which is the 22nd largest DMA in the country, is characterized by an  xunusually high degree of diversity. Cox states that the DMA includes 14 television stations  x-(including three noncommercial stations), and that 21 outofmarket television stations (including  xsix noncommercial stations) provide Grade B service to portions of the OrlandoDaytona Beach  xDMA. Additionally, 22 low power television stations are licensed to communities in the DMA.  xThe Orlando Television Metro Market includes 76 radio stations, which Cox discusses in four  xsubmarkets: (1) the Daytona Beach Metro Market, which will have 18 radio stations licensed  xto 16 separate entities; (2) the MelbourneTitusvilleCocoa Metro Market, which will have 23  xradio stations licensed to 19 separate entities; (3) the Orlando Metro Market, which will have 28  xyradio stations licensed to 13 separate entities; and (4) the Lake County Market, which will have  xseven radio stations licensed to seven different entities. Cox notes that there are 55 cable systems  xin the OrlandoDaytona Beach DMA operated by 26 different owners. Cable penetration in the  xDMA is 77%. Additionally, Cox states that there are 14 Multichannel Multipoint Distribution  xServices operated by nine owners in the OrlandoDaytona Beach DMA. Cox asserts that the  x-DMA is served by seven daily newspapers and 17 weekly newspapers, and that major magazines enjoy a significant circulation within the DMA. x  X-  x20.PETITION1 Press Petition to Hold Applications in Abeyance. Press Broadcasting Company, Inc.  x("Press") is the licensee of WKCF(TV), Clermont, Florida, and WTKS(FM), Cocoa Beach,  X - xzFlorida,  yO=#-  ԍxAn application to assign the license of WTKS to Paxson Broadcasting of Orlando L.P. was granted on January 16, 1997 (File No. BALH960611GU). both of which are located within the Orlando DMA. Press asserts that its stations  xcompete for audience and revenues against the stations which are the subject of Cox's waiver  xrequest, and that Press would therefore be adversely affected by any undue concentration of  x control that might result from a grant of the abovecaptioned applications that relate to the"# ,-(-(ZZe""  xOrlando market. Press alleges that WFTV is the dominant VHF television station in the Orlando  xmarket and that five of the seven radio stations that Cox proposes to acquire are among the top  x15 stations in the market in terms of revenue. Press also disputes aspects of Cox's waiver  xshowing and expresses concern that action on the abovecaptioned Orlando/Daytona Beach  xapplications could run contrary to the ultimate policy decisions to be made in our pending  xitelevision ownership and attribution proceedings or that such action might limit the Commission's ability to properly address matters at issue in those rulemakings.  XH-  ?x21.PETITION2 With regard to Cox's waiver showing, Press challenges Cox's inclusion of discounts  xon office supplies as cost savings attributable to combined ownership. Press argues that a large  x.media company like Cox would be entitled to discounts on bulk purchases in any event. With  x<regard to savings related to personnel, Press asserts that such savings run counter to Cox's claim  xthat it anticipates enhancing its ability to promote minority and female employment. Press  x=further points out that Cox's personnel savings will result in part from provision of a "common  xynews feed" from its television station to all of its radio stations, and that it will share traffic and  xweather information, children's programming and consumer reports among its stations. Press  xconcludes that such actions would actually decrease programming diversity. Press also challenges  xCox's inclusion as a public service "benefit" its proposal to upgrade the facilities of WHOO(AM)  xso as to enable the station to operate within its licensed parameters. Press contends that the station should be operating at present according to the terms of its license. x  X-x56Discussionăpp  x  X-  x22. Press expresses concern that action on the abovecaptioned Orlando/Daytona Beach  xapplications could run contrary to the ultimate policy decisions to be made in our pending  xitelevision ownership and attribution proceedings or that such action might limit the Commission's  xability to properly address matters at issue in those rulemakings. We have stated that requests  xfor waiver of the onetoamarket rule submitted prior to resolution of our pending television  xownership rulemaking proceeding would be processed pursuant to our current criteria for  xevaluating such requests, and that waiver requests which are not clearly consistent with prior  XP- x[Commission precedent, would, if granted, be conditioned on the outcome of that proceeding.P yO-  ԍxSee Second Further Notice of Proposed Rulemaking in MM Docket Nos. 91221 and 878, FCC 96438  yO-(released November 7, 1996) ("TV Ownership Second Further Notice"), para. 79.  xOur action here grants a temporary waiver of the onetoamarket rule conditioned on the  xKoutcome of the television ownership and attribution proceedings. We appreciate Press' concerns  xthat temporary waivers might unduly influence future Commission policy decisions. We believe,  xhowever, that our ability to properly address pending matters contained in those proceedings is  xuncompromised. Cox gains no substantive advantage over its competitors with respect to its  xultimate media holdings in Orlando as a result of our action today, nor have we prejudged the  xoutcome of any of the pending issues in those proceedings. Therefore, we will not delay  xconsideration of Cox's waiver request pending conclusion of the rulemaking proceedings, as requested by Press. "# ,-(-(ZZe""Ԍx  X-  x23. Before considering Cox's request for a waiver of the onetoamarket rule, we must  xdetermine what weight, if any, we should accord Cox's existing LMA with WZWY(TV) in  X- xZassessing that request. yO4-  ԍxThere will be no immediate impact on competition or diversity associated with Cox's LMA with permittee station WZWY(TV) because, as stated above, the station has not yet been constructed. Currently, television LMAs are not attributable to the brokering station,  xnor, taken alone, are they considered a "meaningful" relationship within the scope of the cross xinterest policy. At present, therefore, we will not accord significance to Cox's existing television  xLMA in evaluating its ownership waiver request. Our decision here in no way prejudges our  xconsideration of the issues in our ownership and attribution proceedings. We have proposed to  x<attribute television LMAs to the brokering station where, as in Orlando, the stations involved are  xin the same market and the brokerage arrangement includes more than 15 percent of the brokered  X - xystation's weekly broadcast hours. Further Notice of Proposed Rulemaking in MM Docket Nos.  X - x94150, 9251 and 87154, FCC 96436 (released November 7, 1996) (Attribution Further  X - x=Notice), at para. 27. Further, we have proposed that any LMA which would be attributable for  xduopoly rule purposes under this approach "would also count in applying our other ownership  xrules, including, for example . . . the onetoamarket rule (or radiotelevision crossownership  X - xKrule)." Id. (footnotes omitted). And, while we have proposed to grandfather those LMAs such  xas the LMA here that were entered into prior to November 5, 1996, the adoption date of the  Xy- xSecond Further Notice of Proposed Rulemaking in MM Docket Nos. 91221 and 878, FCC 96 x438 (Television Ownership proceeding), (released November 7, 1996), we have also indicated  x|that we would "reserve the right . . . to invalidate an otherwise grandfathered LMA in  xcircumstances that raise particular competition and diversity concerns, such as those that might  X- x0be presented in very small markets." Id. at para. 88. Thus, if we establish final rules for  x=attributing and grandfathering LMAs, we would also assess whether the class of transactions  xinvolving radio, television and LMA interests such as those involved in this case should be  xpermitted to continue. Because this is a pending issue, we will condition the onetoamarket  xwaiver we grant here on the ultimate result reached in the pending rulemaking proceedings in  x>attribution and television ownership concerning the significance and the grandfathering of  X- xtelevision LMAs. See S.E. Licensee, para. 12; REP WWBB G.P., FCC 96463 (released November 27, 1996), para. 11.  XN-  x24. Turning to the substance of Cox's onetoamarket waiver request, we note that the  xlCommission has recently considered waivers of the onetoamarket rule where the radio  xcombinations involved were governed by the ownership standards adopted in the  X - x|Telecommunications Act of 1996. See S.E. Licensee, para. 13; Citicasters, para. 17. In  X- xCiticasters, we declined to grant a requested permanent waiver of the onetoamarket rule where  xan applicant would own more radio stations than we permitted prior to passage of the  xTelecommunications Act of 1996. We stated that issues related to radiotelevision combinations  xxremain in the pending rulemaking proceeding concerning broadcast ownership, and we concluded  xthat a permanent, unconditional waiver of the onetoamarket rule was therefore not appropriate.  x.We also concluded, however, that a temporary waiver of the onetoamarket rule pending our"# ,-(-(ZZe""  xiresolution of the onetoamarket issues raised in the broadcast ownership rulemaking proceeding  xwas justified, and would not, given its limited duration, unduly affect competition and diversity  xin the relevant markets. For the same reasons, we conclude that a permanent, unconditional  X- xwaiver would not be appropriate here, but that, as in Citicasters, the applicant has justified grant  xof a temporary waiver pending our resolution of the issues raised in the broadcast ownership  xrulemaking. Our view that a temporary waiver is warranted is based in part upon our analysis of Cox's casebycase showing in support of its permanent waiver request.  X_-xPETITION1  XH-  x25. Waiver Showing. Cox has demonstrated that common ownership of the Orlando and  xDaytona Beach stations will create efficiencies resulting in cost savings and the potential for  xenhanced programming and service benefits. Specifically, Cox has shown that combined  xoperation of WFTV and the radio stations will result in a projected cost savings of at least  x$423,000 per year. Cox states that these cost savings will translate into public service and  x[programming benefits in the form of improved newsgathering capabilities of the radio stations,  xas well as more widespread traffic and weather reporting. Cox has also shown that the proposed  xcommon ownership will have unique benefits in the area of children's television programming.  xCox states that common ownership of television station WFTV and children's programming xoriented FM station WZKD would permit development and joint purchases of additional  x educational children's radio and television programs. Cox also plans to crosspromote this  x-children's educational and informational programming content with daily program guides on both  xWZKD and WFTV. As discussed above, Cox has shown that common ownership will enable  x\the stations to engage in joint recruitment of minority and female employees, and that it will  xfacilitate improvement of the technical facilities of AM station WHOO as a result of Cox's  x[financial resources and technical expertise. We find these benefits Cox proposes to implement provide a palpable public interest justification for a temporary conditional waiver.  X-  1x26. Press challenges Cox's inclusion of discounts on office supplies as cost savings  xattributable to combined ownership. Press argues that a large media company like Cox would  xbe entitled to discounts on bulk purchases in any event. We have allowed such claimed discounts  Xe- xwith respect to previous waiver requests,e yO-  ԍxSee e.g., Citicasters, para. 5 & n.6 ("joint purchasing of office supplies" by TV4 FM1 AM combination);  yO- xLouis C. DeArias, 11 FCC Rcd 3662, 3664 & n.9 (1996) (annual cost savings from TV2 AM2 FM combination  x;included "5,000 to $10,000 in discounts for general services, $3,000 to $5,000 through the bulk purchases of office  yO6- xsupplies."); Joe Morrell, Inc., 11 FCC Rcd 3589, 359091 (MMB 1996) (cost savings from combined ownership of TV2 FM1AM included "bulk purchases of goods and services for all the stations."). and we do not find Press' argument to be of significant  xOconsequence with respect to the instant waiver request because the claimed savings  x(approximately $10,000) are a small portion of the total claimed cost savings. Furthermore, there  xis no indication that such savings would be available to Cox in the absence of common ownership of stations located in the same geographic area, as is contemplated here.  X-  @x27. With regard to savings related to personnel, Press asserts that such savings run  xcounter to Cox's claim that it anticipates enhancing its ability to promote minority and female  xemployment. As Cox correctly points out, we have in the past recognized that cost savings from"! x,-(-(ZZ "  xstaff consolidation and enhanced recruitment opportunities can both be considered as part of a  X- x\casebycase showing. See Golden West Broadcasters, 10 FCC Rcd 1081, 2082 (1995); First  X- xBroadcasting Co., 10 FCC Rcd 2904, 290405 (1995). Here, Cox has shown that its stations will  xjbe able to engage in joint efforts to recruit women and minorities in connection with any future  xemployment opportunities. Press also points out that Cox's personnel savings will result in part  xfrom provision of a "common news feed" from its television station to all of its radio stations,  x/and that it will share traffic and weather information, children's programming and consumer  xreports among its stations. Press concludes that such actions would actually decrease  xprogramming diversity. However, we have recognized that the use of common facilities to gather  X1- x/news, traffic and weather information can be of public benefit. See, e.g., S.E. Licensee G.P.,  X - xpara. 5 (common news and public affairs resources); Rep WWBB G.P., para. 5 (common news  X - xNand public affairs resources); Atla Gulf FM, Inc., 10 FCC Rcd 7750, 7751 (1995) (common  X - xnews, traffic and weather staff/services); Secret Communications L.P., 10 FCC Rcd 6874, 6876  X - xM(1995) (common news, public affairs and weather resources); Newmountain Broadcasting II  X - xCorp., 11 FCC Rcd 2344, 2345 (MMB 1996) (common news and weather facilities). This is so  xbecause the use of common personnel and facilities to gather news, traffic and weather  xinformation reduces costs and makes such vital information available to the public through a greater number of outlets.  XK-  x28. Press also challenges Cox's inclusion as a public service benefit its proposal to  xupgrade the facilities of WHOO(AM) so as to enable the station to operate within its licensed  xparameters. Press contends that the station should be operating at present according to the terms  xof its license. As noted, WHOO is operating outside its licensed parameters pursuant to special  xtemporary authority from the Commission, and thus, a proposal to expeditiously upgrade the  xstation is creditable as a public service benefit. Furthermore, we have granted a number of one xtoamarket waivers in the past where a prospective licensee indicated that it would improve a  X- xstation's technical facilities. See, e.g., Henry Broadcasting Co., 11 FCC Rcd 1175, 1176 (1995)  X- x(public interest benefits included upgrade of FM facilities); Network Properties of America, Ltd.,  x[10 FCC Rcd 12413, 12415 (1995) (public interest benefits included replacement of outdated AM  Xe- xequipment and facilities); Moosey Communications, Inc., 8 FCC Rcd 5247, 5248 (1993) (public interest benefits included purchase of new FM transmitter). x  X -  x29. Regarding the second factor in our analysis, the types of facilities involved in the  X - xwaiver request, we stated in the Second Report and Order that "we will consider such factors as  xwhether the proposed radioTV combination involves a UHF or VHF TV station or an AM or  xFM radio station, as well as the size or class of the stations involved." 4 FCC Rcd at 1753.  xTelevision station WFTV (VHF), is an ABC affiliate, competing with 14 other television stations  X!- x(including three noncommercial stations) licensed to the Orlando DMA.! yO&$-ԍxConstruction permits are outstanding for two additional commercial television stations. The station operates  xat 316 kW authorized power and competes against two other network VHF stations in the  xjOrlando DMA. WWKA, WCFB and WHTQ are all Class C FM stations, authorized to operate  xat 100 kW. WMMO is a Class C2 FM station, authorized to operate at 38 kW. These FM"h$ X,-(-(ZZF#"  X- xKstations are only four of 27 FM stations in the OrlandoDaytona Beach Radio Market,  yOy-  NԍxFor the purposes of establishing that its proposed coowned stations will compete against comparable  xfacilities, Cox has compared its facilities to those in the market defined in accordance with Section 73.3555(a)(3)(ii)  xof the Commission's Rules, the radio contour overlap rule. Most of the facilities are licensed to communities located within the Orlando Television Metro Market. including  xnine other Class C stations, four Class C1 stations and three other Class C2 stations. WHOO is  xa Class B AM station operating at authorized power of 50 kW, and WDBO and WZKD are Class  xB AM stations operating at authorized power of 5 kW. These AM stations are only three of 41  xAM stations in the same market, 33 of which are also Class B AM stations, including two 50 kW  xAM stations, three 10 kW AM stations and thirteen 5 kW AM stations. Although the facilities  x.that Cox proposes to own in Orlando are significant, we find that comparable facilities do exist  xand that there is little danger that Cox will be able to dominate the market based on the nature  XH- xzof its facilities. See Stockholders of CBS Inc., 11 FCC Rcd 3733, 3772 (1995) (stating that the  x[type and nature of facilities to be commonly owned must be evaluated against the backdrop of the nature of the relevant market).  X -  1x30. With respect to the third factor, the number of media outlets owned, Cox already  xowns a cable system and has a nonattributable 47.5% stock interest in a newspaper in the  xyOrlandoDaytona BeachMelbourne DMA in addition to the broadcast facilities it is proposing  xyto coown. Cox has shown that its cable system serves less than 5% of all cable subscribers in  xthe DMA, and that this cable system competes against major cable group owners. Furthermore,  xthis cable system serves Ocala, which is located approximately 60 miles northwest of Orlando  xand approximately 60 miles west of Daytona Beach. Cox represents that WFTV's Grade B  xcontour does not overlap the service area of its Ocala cable system and thus, that no rule  X4- xzviolation is presented by this ownership pattern. 4 yO-  ԍxSee 47 C.F.R. Section 76.501(a) ("No cable television system (including all parties under common control)  xshall carry the signal of any television broadcast station if such system directly or indirectly owns, operates, controls,  xxor has an interest in a TV broadcast station whose predicted Grade B contour . . . overlaps in whole or in part the service area of such system."). Likewise, Cox's noncognizable minority  X- xjinterest in the Daytona Beach NewsJournal does not violate any of our crossownership rules  X- xwhen considered with Cox's other proposed ownership interests,k yOO-ԍxSee 47 C.F.R. Section 73.3555 note 2(b).k nor in the circumstances of this  xcase do we believe that our crossinterest policy should be invoked to prohibit combined  X- xownership of the Daytona Beach NewsJournal and the seven Orlando/Daytona Beach radio  X- xjstations for the temporary period pending completion of our attribution rulemaking proceeding  X- x(which includes a reexamination of the need for the crossinterest policy). See Notice of  X- xProposed Rule Making in MM Docket Nos. 94150, 9251 & 87154, 10 FCC Rcd 3606, 3642  X|-(1995) ("Attribution Notice").  XN-  x31. The crossinterest policy prohibits individuals from having an attributable interest in  xone facility and a "meaningful" relationship with another facility, where certain media are"7( ,-(-(ZZ"  x.involved, including two broadcast stations, or a daily newspaper and a broadcast station, or a  xtelevision station and a cable television system, when both outlets serve "substantially the same  X- xarea." See id. Nonattributable equity interests, including a minority interest in a corporation  xhaving a single majority shareholder, have been viewed as constituting a "meaningful" interest  X- x subject to the policy. Id. at 364345. See also Roy M. Speer, FCC 96258 (released June 14,  X- xl1996) (limiting exercise of Silver King Communications, Inc.'s option to acquire an equity  xinterest in a competing broadcast licensee to onethird (33%) of the competitor's equity where  X_- xyboth Silver King and the competitor owned television stations in the Chicago market). Cox has  XH- xshown that the Daytona Beach NewsJournal is not widely circulated in Orlando, the community  xof license of WFTV and six of the radio stations that Cox proposes to coown. However, Cox  xdoes propose to own WCFB, a 100 kW Class C FM station licensed to Daytona Beach, where  X - xthe Daytona Beach NewsJournal is published and enjoys substantial circulation. Furthermore,  xone of the Orlando FM stations, WWKA, has a 1 mV/m contour that encompasses Daytona  xBeach. WHTQ(FM), one of the Orlando stations that Cox is acquiring from Infinity, also has  X - xa 1 mV/m contour that encompasses Daytona Beach. See Infinity Holdings Corp. of Orlando,  xFCC 96494 (released December 26, 1996), at para. 23. These are different circumstances than  xexisted when the staff approved Cox's 1985 purchase of WFTV, whose Grade A signal  Xy- xxencompasses Daytona Beach, and could present crossinterest concerns.xy yO-  ԍxFor example, under our "Equity or Debt Plus" proposal in the Attribution Further Notice, Cox's interest in  yO- xthe Daytona Beach NewsJournal would become an attributable interest if the chosen benchmark for attribution of  yO- xsamemarket media properties were 47.5% of equity or lower. The Attribution Further Notice proposes a benchmark  yOJ- xhof 33%. See Attribution Further Notice at para. 23. Such attribution, in the absence of an applicable grandfathering  xprovision, would result in a violation of the radionewspaper crossownership rule with respect to WCFB(FM), which  xYis licensed to Daytona Beach, and with respect to WHTQ and WWKA, the two Orlando FM stations whose 1 mV/m  yO-contours encompass Daytona Beach. See 47 C.F.R. Section 73.3555(d). Given these facts and  xthe pendency of our review of the crossinterest policy and our atrribution rules, we find it  xKinappropriate to consent here to this radionewspaper crossownership on a permanent basis. At  xthe same time, because the market involved appears to be highly competitive, we do not believe  x!that any appreciable harm to our interest in competition will result from permitting Cox's  xcommon ownership of these newspaper and radio interests during the pendency of and subject  X- xto the outcome in the attribution rulemaking proceeding. We placed this same condition on our  xconsent to allow Cox to acquire the three Orlando stations from Infinity Holdings Corp. of  X- xOrlando. yOz-ԍxSee Infinity Holdings Corp. of Orlando, FCC 96494 (released December 26, 1996), at para. 31. This conditional grant is appropriate for the same reasons that a temporary conditional  xwaiver of the onetoamarket rule is appropriate. Like the temporary, conditional waiver, it is  xof limited duration and will allow the parties to go forward with the proposed transfer of control,  xwhile at the same time ensuring that Cox's ownership interests are subject to the same limitations as other group owners as a result of our pending broadcast attribution proceeding.  X7-  x32. Fourth, regarding the economic status of the stations involved in the proposed  xcombination, none of the stations is experiencing financial difficulties. However, as we have  X - xpreviously indicated, not all five factors need be present to justify grant of a waiver. See Second" ,-(-(ZZ="  X- x.Report and Order Recon., 4 FCC Rcd at 6491; Great American Television and Radio Co., 4 FCC  x[Rcd 6347, 6349 (1989). We have also granted a number of onetoamarket waivers where there  X- xwas no finding that any of the stations were in financial distress. See, e.g., Louis C. DeArias,  X- xReceiver, 11 FCC Rcd 3662 (1996); Henry Broadcasting Co., 11 FCC Rcd 1175 (1995); Atlantic  X- x0Morris Broadcasting, Inc., 10 FCC Rcd 9495 (1995); Alta Gulf FM, Inc., 10 FCC Rcd 7750  X-(1995); Secret Communications, Ltd., 10 FCC Rcd 6874 (1995). x  X_-  x 33.ORLANCOMP1 Finally, the fifth factor relates to the level of diversity and competition in the relevant  XH- xmarket.}XH yO -  MԍxThe relevant market for television is the DMA. See Media Communications Partners, L.P., 10 FCC Rcd  yO - x;8116, 811617 n.13 (1995). The relevant market for radio is the television metro market. See Second Report and  yOQ -Order, 4 FCC Rcd at 1760 n.101.} Indicia of the level of diversity include the number of broadcast outlets, the number  xof separatelyowned and operated "voices" in the market, and the presence of cable and non xbroadcast media. The OrlandoDaytona BeachMelbourne DMA is ranked 22nd in the country  x[and, according to our independent analysis, the market will have 67 radio stations including 37  xAM and 30 FM radio stations (Orlando Television Metro Market), and 14 television stations,  xlicensed to 60 independent owners after the subject transaction is consummated. Additionally, the DMA has substantial cable penetration, and numerous daily and weekly newspapers.  X-  x!34.ORLANCOMP2 With respect to economic concentration and competition, we are unpersuaded by  xPress's contention that the stations Cox proposes to own are so dominant that their common  xZownership will lead to adverse competition effects. Our independent analysis indicates that Cox's  xkseven radio stations will garner a 32% share of the radio advertising revenue in the Orlando  X4- xxmarket, 4 yO-  MԍxFigures based on data supplied by BIA Publications, Inc. Reported 1995 radio market revenue in Orlando  xis $64.2 million. Revenues attributed to waiverrelated stations total $20.3 million: (1) WCFB $1.3 million; (2)  x;WDBO $4.8 million; (3) WHOO $800,000; (4) WHTQ $2.1 million; (5) WMMO $4.1 million; (6) WWKA $7 million; and (7) WZKD $200,000. while WFTV garners 28.5% of television advertising revenue.4 yO-  ԍxReported 1995 television market revenue in Orlando is $191.5 million. Revenue attributed to Coxowned WFTV is $54.6 million. Together, the television  X- xand radio stations receive a combined television and radio advertising share of 29%.dX(  yO-  ԍxCombined share of television and radio advertising reflects the percentage of the total market revenues  x(television = $191.5 million and radio = $64.2 million) captured by the seven radio stations and television station that Cox proposes to coown in Orlando ($74.9 million).d Given the  xjlimited duration of the waiver, we do not believe that these figures are so significant as to raise  xa concern that diversity and competition in Orlando will be unduly affected for the waiver period.  X- xSee Stockholders of Infinity Broadcasting Corp., FCC 96495 (released December 26, 1996)  X- xL("Westinghouse/Infinity"); S.E. Licensee G.P., FCC 96464 (released November 27, 1996) ("S.E.  X- xLicensee"); Shareholders of Citicasters, Inc., FCC 96380 (released September 17, 1996)  X- xL("Citicasters"). We note, in this regard, that after investigating the effect on radio competition  xMof allowing the Cox/NewCity merger to go forward, the Department of Justice (DOJ) did not"|H ,-(-(ZZ"  X- xrequire divestiture of any broadcast properties or interests, as it has done in other cases. See  X- xWestinghouse/Infinity, at para. 2 & n.3 (describing settlement of antitrust case brought by DOJ  xin which Westinghouse agreed to divest one radio station each in Boston and Philadelphia in  X- xconnection with Westinghouse's acquisition of Infinity Broadcasting Corp.); Citicasters, para. 12  x(describing antitrust settlement with DOJ in which Jacor agreed to divest its prospective interest  X- xkin WKRQ(FM), Cincinnati, in connection with its proposed merger with Citicasters). PETITION2As we  Xv- xstated in Citicasters, our reliance on the determinations of the Department of Justice to inform  xxour decision here should not be taken to suggest that either our jurisdiction or our obligation with  x=respect to competition in broadcast markets is coincident with that of the Department. Rather,  xour interests in this area are complementary, and the Department of Justice's determination is  X - xboth relevant and highly probative. Citicasters, at para. 16. In sum, we find that Press has failed  xto raise a substantial and material question of fact that would preclude grant of the transfer of  xcontrol applications and associated waiver request at issue here. Therefore, we will deny the informal objection filed by Press. x  X -  !x"35. We conclude, based on the record, that granting a conditional, temporary waiver of  xthe onetoamarket rule to permit common ownership of WFTV(TV), WHOO(AM),  xWMMO(FM), WHTQ(FM), WDBO(AM), WWKA(FM), WZKD(FM), and WCFB(FM) will not  Xb- x.unduly affect competition or diversity in the Orlando market. See Westinghouse/Infinity; S.E.  XK- xLicensee, (granting a conditional, temporary waiver of the onetoamarket rule to Clear Channel  xin Memphis for a period of six months from issuance of Orders in pending television ownership  X- xand attribution proceedings); Citicasters (granting temporary waivers of onetoamarket rule to  x.Jacor in Cincinnati and Tampa for a period of six months from issuance of an Order in pending  xtelevision ownership proceeding). While Cox will have substantial ownership interests in the  xiOrlandoDaytona BeachMelbourne DMA, it has shown that the market is highly competitive and  xjdiverse, and that its stations would be competing against other media group owners, including  xMPaxson Communications, Press Broadcasting Co., Chancellor Broadcasting Co. and Pulitzer  x[Broadcasting. Based on this and other factors, we do not believe that diversity in Orlando will  xLbe so adversely affected in the short run as to require denial of a temporary conditional waiver  x!to Cox. As Cox's showing suggests and our own analysis confirms, many more than 30  x<independent broadcast voices will remain in Orlando after the proposed transactions. And, while  xCox's commonly owned facilities will be significant in technical terms, comparable competing  xfacilities do exist. Moreover, there are economic efficiencies and program service benefits to be  xgained by the proposed transactions that support grant of a temporary waiver. Accordingly, we  xgrant Cox a waiver of the onetoamarket rule in Orlando during the pendency of and subject  xyto the outcome in our ongoing rulemaking proceedings involving television ownership and the  xattribution of broadcast interests. Because Cox has a substantial nonattributable interest in a daily  xnewspaper in Daytona Beach, we also grant the transfer of control applications for the three  xOrlando stations and the Daytona Beach station conditioned on the outcome of our attribution  X#-rulemaking.# yO%-ԍxSee Infinity Holdings Corp. of Orlando, FCC 96494 (released December 26, 1996), para. 31. "h$X,-(-(ZZF#"Ԍ X-x` ` " ATLANTA MARKET ă x` `  X-  !x#36. Cox is the licensee of VHF television station WSBTV (ABC, Channel 2), and WSB X- xAMFM in Atlanta and publishes the Atlanta Journal and the Atlanta Constitution, two daily  xnewspapers. Cox also provides programming to WCNN(AM), North Atlanta, Georgia, pursuant  xto an attributable local marketing agreement (LMA). By the abovecaptioned transfer of control  x?application, Cox seeks Commission approval to acquire WJZF(FM), La Grange, Georgia.  x=Because WJZF's 1 mV/m contour encompasses the City of Atlanta, which is the community of  xlicense of WSBTV, Cox requests a temporary waiver of the onetoamarket rule to permit  xcommon ownership of WJZF and WSBTV. Because Atlanta is also the community in which  X - xthe Atlanta Journal and the Atlanta Constitution are published, Cox requests a temporary waiver  xof the daily newspaper crossownership rule. Cox requests waivers for either 18 months or until  xsuch time as the Commission resolves its pending proceedings relating to the onetoamarket rule and our radionewspaper crossownership waiver policies, whichever is later.  X - OnetoaMarket Waiver ă x  Xy-  x$37. Cox bases its request for a onetoamarket waiver on the standards adopted in the  Xb- x]Second Report and Order in MM Docket No. 877, 4 FCC Rcd 1741 ("Second Report and  XK- xOrder"), recon. granted in part, denied in part, 4 FCC Rcd 6489 (1989) ("Second Report and  X4- xZOrder Recon."). 4 yO-ԍxSee discussion of onetoamarket waiver standards supra at paras. 1MKTBEG8ש1MKTEND9. Although Atlanta is the 10th largest DMA, according to Nielsen, Cox's request  xmust be evaluated under the casebycase standard because the proposed transaction involves the  X- x.common ownership of more than one same service radio station with a television station.!X yO-ԍxSee Revision of Radio Rules and Policies (Recon.), 7 FCC Rcd 6387, 6394 n.40 (1992). In  xsupport of its request, Cox submits a showing which addresses each of the five casebycase factors.  X-Tăh  X-  x%38. Benefits of Joint Operation. Cox asserts that numerous cost savings and operating  x>efficiencies will result from Cox's ownership of WJZF and WSBTV, and that public service  x-benefits will be generated by that ownership. Cox states that ownership of WJZF in combination  xwith WSBAMFMTV will result in annual cost savings of approximately $2.29 million. Cox  xsubmits a showing that this is the approximate cost of operating WJZF as a standalone FM  x{station. Cox states that these costs have been avoided because Cox has been providing  xprogramming to WJZF pursuant to a local marketing agreement (LMA) for twoandahalf years  xxwhich has permitted WJZF to share facilities and personnel with Cox's Atlanta broadcast stations.  xCox also estimates that joint operation has permitted a savings of approximately $1.265 million  x]in capital investment for items such as a telephone system, news equipment, production equipment, computers and office space/office equipment. "!!,-(-(ZZ "Ԍ X-  ^x&39. Cox states that the efficiencies which have yielded these cost savings have been  xreflected in tangible public service benefits. For instance, Cox points out that WJZF's  xarrangements with WSB have enabled WJZF to provide its listeners with immediate news  xybulletins from the WSB news team, and that, in traffic emergencies, WJZF has been able to use  x/information provided by WSB to inform its listeners of that fact. Similarly, Cox asserts that  xWJZF can utilize WSB's resources to provide listeners with critical public safety information,  xwhich is particularly important, according to Cox, because the designated "EBS" station for the Columbus area, WCGQFM, monitors WJZF for its emergency broadcasts.  X1-  ]x'40. Other Media Outlets/Types of Facilities. Cox claims that its facilities are comparable  xto many other stations in the Atlanta market, and that there are other larger media group owners  xyin the market, including Gannett Co., Inc. and The Tribune Company. Television Station WSB xTV (VHF; ABC affiliate) operates at 100 kW effective radiated power (ERP) visual and 20 kW  xjERP aural from a 1037foot antenna height above average terrain (HAAT). WSBFM is a Class  xC station operating at 100 kW from an antenna 311 meters HAAT. WJZF(FM), La Grange,  xOGeorgia, is a Class C1 station operating at 60 kW from an antenna 371 meters HAAT.  xWSB(AM) is a Class A station operating at 50 kW. Additionally, Cox provides programming  xLto WCNN(AM), North Atlanta, Georgia pursuant to an LMA. WCNN is a Class B AM station operating at 50 kW.  X4-  x(41. In support of its claim that these facilities are comparable to others in the relevant  x>markets, Cox states that WSBTV competes against two other affiliated VHF stations in the  xyAtlanta Television Metro Market, and that portions of this market receive Grade B service from  xM17 other VHF stations. Cox further states that there are 44 AM radio stations with principal  xycommunity contours that overlap those of the radio stations Cox proposes to coown, and that  xthere are three 50 kW AM stations in addition to WSB and WCNN. As for FM stations, Cox  xstates that there are 24 FM stations with principal community contours that overlap those of the  xiradio stations Cox proposes to coown, and that there are 11 Class C stations in addition to WJZF and two Class C1 stations in addition to WSBFM.  XN-  x)42. Economic Status. Cox reports that none of the stations it proposes to coown is in financial distress.  X -  }x*43. Competition and Diversity in the Market. Cox characterizes media diversity as  x="exceptional" in Atlanta, the 10thlargest DMA in the country. According to Cox, there are 12  xoperating television stations licensed to the DMA, including ten commercial stations and two  xknoncommercial educational stations. Additionally, Cox notes that 33 television stations (30  xLcommercial stations and three noncommercial educational stations) provide Grade B service to  xportions of the Atlanta DMA. Cox also points out that the Atlanta DMA receives service from  x12 low power television stations. With respect to radio facilities, Cox states that there are 62  xradio stations (53 commercial stations and nine noncommercial educational stations) licensed to  x.communities in the Atlanta Television Metro Market. These 62 radio stations are operated by 54 separate owners. "#'!,-(-(ZZ%"Ԍ X-  x+44. Cox estimates that there are 97 cable systems in the Atlanta DMA operated by  xapproximately 47 owners, and that cable penetration in the Atlanta DMA is 66% (68% in the  xAtlanta Television Metro Market). Cox also notes that 82% of market households have VCRs  xjand that 17 outofmarket superstations and cable channels had reportable viewing in the most  xrecent Nielsen survey. In addition, Cox cites service by three multipoint distribution services  x(MDS) and seven multichannel multipoint distribution services (MMDS). Cox states that the  xAtlanta Television Metro Market is served by nine independent daily newspapers and 35 weekly  xnewspapers, and that La Grange, which is located outside the Atlanta Television Metro Market,  XH- xjhas its own daily newspaper, The La Grange Daily News. In sum, Cox submits that the Atlanta  xTelevision Metro Market is larger than most markets where casebycase waivers have been  xKgranted, that it has more television and radio stations and independent voices than such markets,  xthat it has a greater degree of cable penetration than such markets, and that it has more daily newspapers than many such markets.  X -x` ` 56Discussionă x  X-  x,45. In NewCity Communications of Massachusetts, Inc., 10 FCC Rcd 4985 (1995), aff'd  X{- xsub nom.ĠWSB, Inc. v. FCC, 85 F.3d 695 (D.C. Cir. 1996) we denied a permanent waiver of the  xonetoamarket rule to permit Cox to purchase WJZF(FM) from NewCity. In the earlier case,  x[Cox stated that traditional cost savings and economies of scale would not result because all of  X6- xCox's holdings in Atlanta would be operated on an independent and autonomous basis. NewCity,  x10 FCC Rcd at 4990. In that earlier waiver request, Cox failed to quantify its projected cost  xsavings and described only internships and training programs as public interest benefits arising  X- xfrom common ownership of WJZF and its Atlanta facilities. See id. By contrast, Cox has  xprovided a showing of cost savings and public interest benefits in connection with its instant  xwaiver request. Based on the circumstances presented here, we believe that a temporary,  xconditional waiver of the onetoamarket rule is appropriate at this time. A temporary waiver  xjwill permit Cox and NewCity to go forward with their proposed merger without the necessity of  X~- xka forced sale of WJZF. See Multimedia, Inc., 11 FCC Rcd 4883, 4891 (1995); Stockholders of  Xg- xCBS Inc., 11 FCC Rcd 3733, 3755 (1995) ("Where mergers or transfers of multiple stations are  xinvolved, in general we believe that the benefits derived from such transactions support grant of  xa reasonable waiver period to effectuate the merger and permit time to come into compliance  xwith our rules."). Such a result also is consistent with the deregulatory spirit of the  X - xTelecommunications Act of 1996,g"  yO -ԍxPub. L. No. 104104,  202(b), 110 Stat. 56 (1996).g which was enacted subsequent to our decision in NewCity.  X- xMSecondly, as we stated in NewCity, it was not clear that there would be appreciable harm to  xdiversity or competition either in Atlanta or La Grange from addition of the La Grange station  X - xLto Cox's holdings. See NewCity, 10 FCC Rcd at 4990. Here, the temporary nature of the waiver  xrequested will ensure that any possible negative effects would be shortlived, as Cox will be  xrequired to come into compliance with any changes in our multiple ownership rules as a result of the pending television ownership proceeding. "j$X",-(-(ZZF#"Ԍ X-  x-46. Cox has demonstrated that common ownership of WJZF and the Atlanta stations will  xcreate efficiencies resulting in cost savings and the potential for enhanced programming and  xservice benefits. Cox provides a showing that combined operation of WJZF and WSBAMFM xMTV will result in cost savings to Cox of at least $2.29 million. However, we note that the full  xjamount of $2.29 million in cost savings asserted by Cox is not creditable because Cox does not  xzdeduct from that figure the actual costs attributable to running WJZF. Cox states that $2.29  xmillion is "the approximate cost of operating WJZF as a standalone FM station." Cox provides  xjdetailed estimates of savings in administration, programming and sales costs, which total $2.29  XH- x<million.#H yO -  =ԍxCox states that its estimated cost of operating WJZF as a standalone station is "based upon Cox's past costs in operating WSB and WSBFM." The actual cost savings, however, the costs avoided through combined ownership and  xoperation, would be the difference between what it would cost to operate WJZF as a standalone  xstation and what it actually costs Cox to operate WJZF now. In order to credit this full amount,  xwe would have to make the improbable assumption that it costs Cox no more to operate four  xjbroadcast stations (WSBAMFMTV and WJZF) than it costs to run three broadcast stations  x(WSBAMFMTV). Therefore, we will not credit Cox with the full amount of $2.29 million  xin claimed savings in operating costs. It is nonetheless clear that substantial savings will be  xrealized through common operation of the stations. Furthermore, Cox estimates that joint  xoperation will permit a savings in capital investment of approximately $1.265 million related to  xa telephone system, news equipment, production and other equipment, computers and office space  xand related equipment. Cox states that its cost savings will translate into public service and  x[programming benefits in the form of improved newsgathering capabilities of the radio stations,  xas well as more widespread traffic and weather reporting. We find these benefits Cox proposes to implement provide a palpable public interest justification for a temporary conditional waiver.  X-  ?x.47. Cox has demonstrated that its facilities are comparable to many other stations in the  xAtlanta market. Television station WSBTV (VHF) is an ABC affiliate competing with two other  xaffiliated VHF television stations licensed to the Atlanta DMA. The station operates at 100 kW  xauthorized power. The four radio stations that Cox proposes to coown/broker compete against  xL68 radio stations, including 44 AM stations and 24 FM stations. WSBFM is a Class C station  xoperating at 100 kW and WJZF(FM) is a Class C1 station operating at 60 kW in a market with  x11 other Class C stations and two other Class C1 stations. WSB(AM) is a Class A station  xoperating at 50 kW, and Cox's brokered station, WCNN(AM) is a Class B station operating at  x50 kW in a market with three other 50 kW AM stations. Additionally, we note that the presence  xof other media group owners in Atlanta, including Gannett Co., Inc. and The Tribune Company,  xmakes it unlikely that Cox will be able to dominate the market based on the technical strength of its facilities. x  X -  x/48. With respect to the third factor, other media outlets, Cox owns daily newspapers, the  X!- xAtlanta Journal and the Atlanta Constitution, and WSB(AM)/FM and WSBTV, and seeks to  xacquire WJZF, the station which is the subject of this waiver request. Cox also has an  X#- xattributable LMA with an AM station, WCNN. The Atlanta Constitution is published every"# #,-(-(ZZe""  X- xmorning and the Atlanta Journal is published every afternoon.$ yOy-  ԍxCirculation in Fulton and DeKalb counties is 305,457 for the Atlanta Constitution (weekday mornings), and  yOA-124,484 for the Atlanta Journal (weekday evenings). A combined paper is published  X- xZon Saturdays and Sundays.%  yO-  ԍxCirculation in Fulton and DeKalb counties is 520,880 (Saturdays) and 692,411 (Sundays) for the combined  yO-paper, the Atlanta JournalConstitution. While Cox's media holdings in Atlanta are very substantial, we find  xthat they are not so dominant that they require denial of a temporary waiver to Cox while we re xexamine the onetoamarket rule. We find the facts that Atlanta is the 10thlargest DMA in the  xzcountry and that there are other media group owners in the market with powerful competing  xfacilities to be significant considerations weighing in favor of grant of a temporary waiver in this instance. x  XH-  x049. Fourth, regarding the economic status of the stations involved in the proposed  xcombination, none of the stations is experiencing financial difficulties. However, as we have  X - xpreviously indicated, not all five factors need be present to justify grant of a waiver. See Second  X - x.Report and Order Recon., 4 FCC Rcd at 6491; Great American Television and Radio Co., 4 FCC  x[Rcd 6347, 6349 (1989). We have also granted a number of onetoamarket waivers where there  X - xwas no finding that any of the stations were in financial distress. See, e.g., Louis C. DeArias,  X - xReceiver, 11 FCC Rcd 3662 (1996); Henry Broadcasting Co., 11 FCC Rcd 1175 (1995); Atlantic  X - x0Morris Broadcasting, Inc., 10 FCC Rcd 9495 (1995); Alta Gulf FM, Inc., 10 FCC Rcd 7750  X-(1995); Secret Communications, Ltd., 10 FCC Rcd 6874 (1995). x  Xb-  _x150.ATLANTACOMP1 The fifth factor relates to the level of diversity and competition in the relevant  XK- xmarket.}&XKx yOt-  MԍxThe relevant market for television is the DMA. See Media Communications Partners, L.P., 10 FCC Rcd  yO<- x;8116, 811617 n.13 (1995). The relevant market for radio is the television metro market. See Second Report and  yO-Order, 4 FCC Rcd at 1760 n.101.} Indicia of the level of diversity include the number of broadcast outlets, the number  xof separatelyowned and operated "voices" in the market, and the presence of cable and non xNbroadcast media. The Atlanta DMA is ranked 10th in the country and, according to our  xjindependent analysis, the market will have 62 radio stations, including 41 AM and 21 FM radio  xstations (Atlanta Television Metro Market), and 12 television stations, licensed to 65 independent  X- xowners. Additionally, the Atlanta DMA has 12 low power television stations, substantial cable penetration, and numerous daily and weekly newspapers.  X-  ?x251.ATLANTACOMP2 With respect to economic concentration and competition, our independent analysis  x<indicates that the three radio stations that Cox proposes to own currently garner 15% of the radio  Xe- x=advertising revenue in the Atlanta market.p'Xe yO$-  \ԍxFigures based on data supplied by BIA Publications, Inc. Reported 1995 radio market revenue in Atlanta  xis $168.8 million. Revenues attributed to proposed coowned stations total $25.5 million: (1) WJZF(FM) $3.0 million; (2) WSB(AM) $11.5 million; and (3) WSBFM $11.0 million. p Cox's brokered station, WCNN garners 2% of the"e ',-(-(ZZ"  X- xradio advertising revenue.u( yOy-ԍxRevenue attributed to Coxbrokered station WCNN(AM) is $3.5 million.u Together, the Cox owned/brokered stations would  X- x[garner 17% of the radio advertising revenue in the Atlanta market.)X yO-  ԍxRevenues for the three radio stations to be coowned as well as the brokered station, WCNN, total $29 million. WSBTV captures 27% of  X- xthe television advertising revenue.* yO3-  ԍxReported 1995 television market revenue in Atlanta is $348 million. Revenue attributed to Coxowned WSBTV is $93.3 million. Together, the television and radio stations receive a  X- xkcombined television and radio advertising share of 24%.j+X yOt -  ԍxCombined share of television and radio advertising reflects the percentage of the total market revenues  xh(television = $348 million and radio = $168.8 million) captured by the four radio stations and television station that Cox proposes to coown/broker in Atlanta ($122.3 million).j Given the limited duration of the  xwaiver, we do not believe that these figures are so significant as to raise a concern that diversity and competition in Atlanta will be unduly affected for the waiver period.  X_-  x352. We conclude, based on the record, that granting a conditional, temporary waiver will  XH- xnot unduly affect competition or diversity in the Atlanta market. See Stockholders of Infinity  X1- xBroadcasting Corp., FCC 96495 (released December 26, 1996); S.E. Licensee G.P., FCC 96464  x.(released November 27, 1996) (granting a conditional, temporary waiver of the onetoamarket  xrule to Clear Channel in Memphis for a period of six months from issuance of Orders in pending  X - xtelevision ownership and attribution proceedings); Shareholders of Citicasters, Inc., FCC 96380  x(released September 17, 1996) (granting temporary waivers of onetoamarket rule to Jacor in  xCincinnati and Tampa for a period of six months from issuance of an Order in pending television  x<ownership proceeding). Cox has shown that the Atlanta DMA is highly competitive and diverse,  xjand that its stations would be competing against other media group owners, including Gannett  xCo., Inc. and The Tribune Company. Based on this and other factors, we do not believe that  xdiversity in Atlanta will be so adversely affected in the short run as to require denial of Cox's  xwaiver request. As Cox's showing suggests and our own analysis confirms, many more than 30  xindependent broadcast voices will remain in Atlanta after the proposed transactions. And, while  xCox's commonly owned facilities will be significant in technical terms, comparable competing  xfacilities do exist. Moreover, there are economic efficiencies and program service benefits to be  xgained by the proposed transactions that support grant of a temporary waiver. Accordingly, we  xgrant to Cox a onetoamarket waiver during the pendency of and subject to the outcome in our ongoing television ownership rulemaking proceeding. x  X-  RadioNewspaper CrossOwnership Waiver ă x  Xe-  {x453. Cox seeks a temporary waiver of the radionewspaper crossownership rule to permit  XN- xcommon ownership of WJZF(FM), La Grange, Georgia, with the Atlanta Journal and the Atlanta"N( +,-(-(ZZ"  X- xConstitution. Cox requests a waiver lasting 18 months or until completion of the proceeding reexamining the Commission's radionewspaper crossownership waiver policies.  X-  x554. In support of its waiver request, Cox argues that there is no effective economic  X- xcompetition between WJZF, and the Atlanta Journal and the Atlanta Constitution. Cox asserts  xxthat this crossownership is different from other waiver requests where both the broadcast station  xand the newspaper were located in the same community. Cox notes that La Grange is 60 miles  xZfrom Atlanta, and asserts that Atlanta and La Grange are two separate newspaper markets, as well  xas two separate radio markets. Cox states that the City of Atlanta is barely within the WJZF 1  xmV/m contour and that WJZF's city grade (3.16 mV/m) contour covers only 17.3% of Atlanta.  X - xCox points out that La Grange has its own newspaper, the La Grange Daily News, which has a  X - xcirculation of 15,765 in Troup County. Cox notes that the Atlanta Journal and the Atlanta  X - xConstitution, by contrast, have a combined circulation of 1,522 in Troup County where La  X - x=Grange is located and have only slightly higher circulation there than the Columbus Ledger X - xLEnquirer.x,  yO7-ԍxColumbus, Georgia is located approximately 40 miles south of La Grange.x Cox concludes therefore, that the Atlanta Journal and the Atlanta Constitution are  x.not a significant competitive factor in WJZF's city of license, La Grange, just as WJZF is not a part of the Atlanta Television Metro Market.  Xb-  Nx655. Cox further argues that there is substantial diversity within the relevant market. Cox  xZnotes that there are nine television stations licensed to communities within the area encompassed  X4- xby WJZF's 1 mV/m contour , and that portions of that area also receive Grade B service from four  xother television stations. Cox states that eight lowpower television stations are also licensed to  xycommunities in that area, including one licensed to La Grange. Cox notes that 68 radio stations  xother than WSB, WSBFM, WCNN and WJZF are licensed to communities within that area and  x>numerous other stations provide service to all or part of the area. In addition, Cox cites the  X- xpresence of 37 cable systems, seven daily newspapers besides the Atlanta Journal and the Atlanta  X- x>Constitution, and 33 weekly newspapers. Finally, Cox states that its broadcast stations are  xoperated completely separately from its newspapers. As evidence that the Cox broadcast stations  X|- xand newspapers "do not speak with one voice," Cox submits examples of Atlanta JournalĠand  Xe- xjAtlanta Constitution articles "highly critical" of its television and radio stations. Cox promises  XN- xthat to the extent that the Atlanta Journal and the Atlanta Constitution cover matters relating to WJZF, it will be "equally as objective and critical."  X -x56Discussionăpp  X-  ^x756. The daily newspaper crossownership rule was instituted to promote diversity of  X - xviewpoint and economic competition. Notice of Inquiry in MM Docket No. 96197, 11 FCC Rcd  x13003, 13004 (1996). Of these two goals, the Commission places added emphasis on fostering  X"- xdiverse viewpoints from antagonistic sources. See id. In adopting the rule, the Commission  xdetermined that, as a general rule, granting a broadcast license to an entity in the same  xcommunity as that in which the entity also publishes a newspaper would harm local diversity. "j$X,,-(-(ZZF#"  X- x[Id. The Commission also foresaw the need for waivers of the rule in certain circumstances: (1)  xwhere a licensee is unable to sell a station; (2) where the only sale possible would be at an  xKartificially depressed price; (3) where separate ownership and operation of the newspaper and the  xbroadcast station could not be supported in the locality; and (4) where, for whatever reason, the  X-purposes of the rule would be disserved by its application. Id.  Xv-  1x857. In recent mergers involving large media companies, the Commission has granted  xtemporary waivers in order to allow an orderly divestiture of broadcast stations or newspapers.  XH- xSee Capital Cities/ABC, Inc., 11 FCC Rcd 5841, 5895 (1996) (granting 12month waivers of  x.radionewspaper crossownership rule to the Walt Disney Company in Fort Worth, Texas and  X - xLDetroitPontiac, Michigan); Multimedia, Inc., 11 FCC Rcd 4883, 4891 (1995) (granting 12month  xwaiver of televisionnewspaper crossownership rule to Gannett Co., Inc. in Cincinnati, Ohio).  xjWe stated that a 12month period was sufficient to avoid a forced sale of broadcast stations or  xnewspapers. We believe that a temporary waiver period is appropriate in this case to avoid a  xforced sale. However, because we have recently released a Notice of Inquiry concerning our  xradionewspaper crossownership waiver policies, we believe that the appropriate period for a  xtemporary waiver is six months from the date of a final order in the radionewspaper docket, MM  xDocket No. 96197. In light of the multiplicity of media outlets serving the Atlanta market, we  Xb- xsee no reason to believe that the combined ownership of WJZF and the Atlanta Journal and the  XK- xAtlanta Constitution will be unduly harmful to diversity or competition in the Atlanta market during this temporary period.  X-x LOCAL RADIO OWNERSHIP  X-x  X-  @x958. LOCALBEG  The local radio ownership rules, as mandated by the Telecommunications Act of  x=1996, impose numerical restrictions on the number of radio stations in the same service and on  X- xLthe number of radio stations overall that may be commonly owned in any given radio market.g- yO#-ԍxPub. L. No. 104104,  202(b), 110 Stat. 56 (1996).g  xThe relevant radio market is defined as the area encompassed by the principal community  X|- xycontours of the mutually overlapping stations proposed to be coowned. See Broadcast Radio  Xe- xOwnership, 11 FCC Rcd 12368, 12370 (1996); Revision of Radio Rules and Policies, 7 FCC Rcd  x6387, 6395 (1992). Under the local radio ownership rules, as amended by the  xTelecommunications Act of 1996, a party may own, operate, or control: (1) up to 8 commercial  x\radio stations not more than 5 of which are in the same service in a radio market with 45  xor more commercial radio stations; (2) up to 7 commercial radio stations not more than 4 of  xwhich are in the same service in a radio market with 3044 commercial radio stations; (3) up  xto 6 commercial radio stations not more than 4 of which are in the same service in a radio  x\market with 1529 commercial radio stations; and (4) up to 5 commercial radio stations not  x\more than 3 of which are in the same service in a radio market with 14 or fewer commercial  x[radio stations, except that a party may not own, operate, or control more than 50 percent of the  X#- xstations in such market. Broadcast Radio Ownership, 11 FCC Rcd 12368 (1996). See also Telecommunications Act of 1996, Section 202(b)."h$X-,-(-(ZZF#"Ԍx  X-  x:59. As a result of the abovecaptioned transfer of control, Cox will become the licensee  xyof more than one radio station in the same service in six markets. Therefore, Cox has submitted  xcontour overlap showings to demonstrate compliance with our local radio ownership rules in the following cities:  Xv-  x;60. Orlando, Florida. Cox has submitted the required contour overlap showing which  x[indicates that the relevant radio market contains 68 stations. Under our rules, in a radio market  xwith 45 or more commercial radio stations, a party may own, operate, or control up to 8  X1- x commercial radio stations, not more than 5 of which are in the same service. By the instant  x=applications, Cox's proposes to own, operate, or control seven commercial radio stations, only  xfour of which are in the same service. Moreover, our review of the record in this case reveals  X - xno other circumstances that would preclude grant of this application. See supra, at paras. ORLANCOMP133שORLANCOMP234,  X - xdiscussion of Orlando market following consummation of these proposed transactions. We  xconclude that, with respect to local radio ownership, Cox's acquisition of WDBO(AM), WWKA(FM), WZKD(AM), and WCFB(FM) would serve the public interest.  Xy-  x<61. Atlanta, Georgia. Cox has submitted the required contour overlap showing which  Xb- xindicates that the relevant radio market contains 72 commercial radio stations. In a radio market  xwith 45 or more commercial radio stations, a party may own, operate, or control up to 8  xcommercial radio stations, not more than 5 of which are in the same service. Cox proposes to  xown/broker, operate, or control four commercial radio stations, only two of which are in the same  xservice. Moreover, our review of the record in this case reveals no other circumstances that  X- xwould preclude grant of this application. See supra, at paras. ATLANTACOMP150שATLANTACOMP251, discussion of the Atlanta  X- xmarket following grant of the requested onetoamarket waiver. We conclude that, with respect to local radio ownership, Cox's acquisition of WJZF(FM) would serve the public interest. x` `  X-  x=62. Birmingham, Alabama. Cox will become the licensee of WZZKAMFM and  x>WODL(FM), Birmingham, Alabama. Cox's showing indicates that the relevant radio market  xcontains at least seven stations. Under our rules, a party may own, operate, or control up to five  xcommercial radio stations, not more than three of which are in the same service, in any size  xmarket, provided that the party may not own, operate, or control more than 50 percent of the  X - xOstations in a market with 14 or fewer commercial radio stations. See 47 C.F.R. Section  x73.3555(a)(1). Cox proposes to own, operate, or control three commercial radio stations, only  xytwo of which are in the same service. These stations do not constitute more than 50 percent of  x/the stations in the market. Moreover, our review of the record in this case reveals no other  xcircumstances that would preclude grant of this application. We conclude that, with respect to  xlocal radio ownership, Cox's acquisition of WZZKAMFM and WODL(FM) would serve the public interest. x  Xh$-  x>63. Syracuse, New York. Cox, through an affiliate, is the licensee of WHEN(AM) and  xWWHT(FM), Syracuse, New York. Following the proposed transfer of control, Cox will acquire  xzfrom NewCity the licenses for three additional stations: WBBS(FM), Fulton, New York, and  xWSYR(AM) and WYYY(FM), Syracuse, New York. Cox's showing indicates that the relevant"#'-,-(-(ZZ%"  xradio market contains at least 11 stations. Under our rules, a party may own, operate, or control  xup to five commercial radio stations, not more than three of which are in the same service, in any  xsize market, provided that the party may not own, operate, or control more than 50 percent of  X- x{the stations in a market with 14 or fewer commercial radio stations. See 47 C.F.R. Section  x\73.3555(a)(1). Cox proposes to own, operate, or control five commercial radio stations, only  xthree of which are in the same service. These stations do not constitute more than 50 percent  x]of the stations in the market. Accordingly, Cox's proposed ownership complies with the  xnumerical local radio ownership limits. In addition, staff analysis indicates that the Cox stations  x/combined will garner 52.4% of radio advertising revenues in the market. This level of post xmerger control of radio station advertising in the Syracuse market is higher than any we have  xzpreviously seen in the context of applications for consent to assign or transfer radio station  X - xlicenses. In Shareholders of Citicasters, Inc., FCC 96380 (released September 17, 1996)  X - xi("Citicasters"), we approved an assignment that resulted in the postacquisition entity controlling  X - x 49% of the radio advertising market in Cincinnati. Citicasters, at para. 12. However, in that  xcase, the Department of Justice had entered into a divestiture agreement with the parties that  X - xreduced the radio advertising share from an originally proposed 56.9% to 49%. Id. at para. 12.  xyAlso in that case, the approved acquisition increased the acquirer's market share by only 4.7%.  Xy- x>Id. See also S.E. Licensee G.P., FCC 96464 (released November 27, 1996). The instant case  xinvolves an advertising market share only incrementally greater than that involved in the  XK- x=Citicasters case. We note that, after investigating the antitrust implications of Cox's proposed  xownership of these five radio stations in Syracuse, the Department of Justice closed its  xinvestigation. Moreover, no objections were received from other stations, advertisers or the  x>public with reference to the Syracuse market. We conclude that, with respect to local radio  xownership, nothing in the record in this case suggests that Cox's acquisition of WBBS(FM), WSYR(AM) and WYYY(FM) would be inconsistent with the public interest. x  X-  x?64. LOCALEND  San Antonio, Texas. Cox will become the licensee of KKYX(AM) and KCYY(FM),  xSan Antonio, Texas, and KCJZ(FM), Terrell Hills, Texas. Cox's showing indicates that the  xKrelevant radio market contains at least seven stations. Under our rules, a party may own, operate,  xkor control up to five commercial radio stations, not more than three of which are in the same  x=service, in any size market, provided that the party may not own, operate, or control more than  X7- x.50 percent of the stations in a market with 14 or fewer commercial radio stations. See 47 C.F.R.  xSection 73.3555(a)(1). Cox proposes to own, operate, or control three commercial radio stations,  x<only two of which are in the same service. These stations do not constitute more than 50 percent  xof the stations in the market. Moreover, our review of the record in this case reveals no other  xcircumstances that would preclude grant of this application. We conclude that, with respect to  xlocal radio ownership, Cox's acquisition of KKYX(AM), KCYY(FM) and KCJZ(FM) would serve the public interest.  X#-  mx@65. Tulsa, Oklahoma. Cox will become the licensee of KRMG(AM), KWEN(FM), and  xKJSR(FM), Tulsa Oklahoma as a result of the instant transfer of control application. We have  xrecently given our consent to Cox's proposed acquisition of two additional stations in Tulsa: "Q%-,-(-(ZZ $"  X- xkKGTO(AM) and KRAVFM.. yOy-ԍxAuthorizations granted November 21, 1996 (File Nos. BAL961008EA & BALH961008EB, respectively). Cox's showing in connection with that laterfiled application  xindicates that the relevant radio market contains at least 11 stations. Under our rules, a party  xymay own, operate, or control up to five commercial radio stations, not more than three of which  x\are in the same service, in any size market, provided that the party may not own, operate, or  xcontrol more than 50 percent of the stations in a market with 14 or fewer commercial radio  X- xMstations. See 47 C.F.R. Section 73.3555(a)(1). Cox proposes to own, operate, or control five  xcommercial radio stations, only three of which are in the same service. These stations do not  xconstitute more than 50 percent of the stations in the market. Moreover, our review of the record  xin this case reveals no other circumstances that would preclude grant of this application. We  xconclude that, with respect to local radio ownership, Cox's acquisition of KRMG(AM), KWEN(FM), and KJSR(FM) would serve the public interest.  X -  xA66. License renewal applications for KRMG(AM), KWEN(FM) and KJSR(FM), Tulsa,  xOklahoma, were filed for the renewal cycle commencing February 1, 1997 and are pending.  x<Generally, when license renewals and transfer applications involving the same broadcast stations  x[are both pending, the Commission refrains from acting on the transfer applications until after it  xhas taken action on the renewals. In this manner, the Commission preserves the public's ability  xto challenge the qualifications and performance of the proposed transferor. However, where the  xpendency of a transfer application overlaps with the renewal cycle of a station or stations  x>involved in a multistation transfer, as here, the Commission has stated that it will allow the  xtransfer if there are no basic qualifications issues raised against the transferor and transferee in  x<the sale transaction, and if both the transferor and transferee indicate a willingness to assume the  xconsequences associated with the transferee succeeding to the place of the current licensee in the  X- x\renewal application. Citicasters, para. 24 & n.26; Capital Cities/ABC, Inc., 11 FCC Rcd 5841,  X- x590001 (1996); Stockholders of CBS, Inc., 11 FCC Rcd 3733 (1995) ("CBS"). There are no  xoutstanding basic qualifications issues against the applicants in the instant case and Cox has  xdemonstrated that it is otherwise qualified to acquire the stations and that the transfer of control  xwould serve the public interest. But, Cox and NewCity have not stated their willingness to abide  X|- xby the renewal procedures set forth in CBS. Therefore, our consent to the transfer of control of  x{NewCity to Cox will be subject to the condition that the parties may not consummate the  xtransaction until such time as the Commission has acted upon the pending renewal applications  X7- xfor those stations. If the applicants wish to consummate the transaction prior to that time, they  xmust submit within ten (10) days from the release of this Order, a joint statement indicating their  X - x[willingness to abide by the procedures set forth in CBS. If an acceptable statement is received  xwithin this time period, the condition as to consummation will be rendered moot. In this way,  xthe public interest is served by facilitating this multiple station transfer without detriment to the public's ability to comment on the pending renewal applications. x` ` "h$X.,-(-(ZZF#"Ԍ X-x  ORDERING CLAUSES ă  X-x  X-  xB67. Accordingly, IT IS ORDERED, That the Petition to Hold Applications in Abeyance  xfiled by Press Broadcasting Co. on September 19, 1996, when considered as an informal objection, IS HEREBY DENIED. x  Xv-  xC68. IT IS FURTHER ORDERED, That Cox's request for a permanent waiver of the one xtoamarket rule, 47 C.F.R. Section 73.3555(c), to permit common ownership of Stations  xNWFTV(TV), WHOO(AM), WMMO(FM), WHTQ(FM), WDBO(AM), WWKA(FM), and WZKD(FM), Orlando, Florida, and WCFB(FM), Daytona Beach, Florida, IS HEREBY DENIED.  X -  ^xD69. IT IS FURTHER ORDERED, That a temporary conditional waiver of the onetoa xmarket rule, 47 C.F.R. Section 73.3555(c), to permit common ownership of Stations WFTV(TV),  xWHOO(AM), WMMO(FM), WHTQ(FM), WDBO(AM), WWKA(FM), and WZKD(FM),  xMOrlando, Florida, and WCFB(FM), Daytona Beach, Florida, IS HEREBY GRANTED, subject  X - xzto the outcome in the pending television ownership rulemaking proceeding, Second Further  X- x{Notice of Proposed Rulemaking in MM Docket Nos. 91221 & 878, FCC 96438 (released  Xy- xNovember 7, 1996), and in the pending broadcast attribution proceeding, Further Notice of  Xb- xProposed Rulemaking in MM Docket Nos. 94150, 9251 and 87154, FCC 96436 (released  xNovember 7, 1996). Should divestiture be required as a result of those proceedings, Cox is  xdirected 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.  X-  xE70. IT IS FURTHER ORDERED, That, having found the applicants fully qualified,/x yOh-  [ԍxThere are pending indecency complaints against Cox as the licensee of WCKG(FM), Elmwood Park, Illinois,  x;involving material broadcast on August 7, 1996. We have given our consent to Cox to assign the license of WCKG  yO- xYto Infinity Holdings Corp. of Orlando. See Infinity Holdings Corp. of Orlando, FCC 96494 (released December 26,  x1996). Our preliminary review of these complaints indicates that they raise no substantial and material question of  xZfact concerning Cox's qualifications to be a Commission licensee. Our action here, however, is without prejudice  xto whatever enforcement action the Commission may deem necessary with respect to the pending complaints concerning material aired on WCKG(FM) on August 7, 1996, during the Howard Stern Show. the  xabovecaptioned applications to transfer control of the licensee of WDBO(AM), WWKA(FM),  x and WZKD(FM), Orlando, Florida, and WCFB(FM), Daytona Beach, Florida from NewCity  xNCommunications, Inc. to Cox Radio, Inc., ARE GRANTED, subject to the outcome in the  X- xipending broadcast attribution proceeding, Further Notice of Proposed Rulemaking in MM Docket  x/Nos. 94150, 9251 and 87154, FCC 96436 (released November 7, 1996). Should divestiture  x=be required as a result of that proceeding, Cox is directed to file an application for Commission  xconsent to sell the necessary station(s)/newspaper within six months from the release of the final  X7-Order in that proceeding. x` `  X -  xF71. IT IS FURTHER ORDERED, That the request for a temporary waiver of the oneto xamarket rule, 47 C.F.R. Section 73.3555(c), to permit common ownership of Stations WSBTV,  xAtlanta, Georgia, and WJZF(FM), La Grange, Georgia, IS HEREBY GRANTED, subject to the"/,-(-(ZZ"  X- xoutcome in the pending television ownership rulemaking proceeding, Second Further Notice of  X- xProposed Rulemaking in MM Docket Nos. 91221 & 878, FCC 96438 (released November 7,  x1996). Should divestiture be required as a result of that proceeding, Cox is directed to file an  xLapplication for Commission consent to sell the necessary station(s) within six months from the release of the final Order in that proceeding.  Xv-  xG72. IT IS FURTHER ORDERED, That the request for a temporary waiver of the daily  xLnewspaper crossownership rule, 47 C.F.R. Section 73.3555(d), to permit common ownership of  XH- xStation WJZF(FM), La Grange, Georgia, and the Atlanta Journal and the Atlanta Constitution IS  xlHEREBY GRANTED, subject to: (1) the outcome in the pending radionewspaper cross X - xownership waiver proceeding, Notice of Inquiry in MM Docket No. 96197, 11 FCC Rcd 13003  x(1996); and (2) Cox filing within six months from the release of a final Policy Statement in that  xproceeding, either (i) a waiver request to permit the continued common ownership of the subject  x=newspapers and WJZF, consistent with any standards developed in that proceeding, or (ii) an  x[application for Commission consent to sell the necessary station(s) or newspaper to come into compliance with the applicable ownership rules.  Xy-  xH73. IT IS FURTHER ORDERED, That, the remaining applications to transfer control of NewCity Communications, Inc. to Cox Radio, Inc., ARE GRANTED.  X4-  bxI74. IT IS FURTHER ORDERED, That, the transfer of control of NewCity  xCommunications, Inc. to Cox Radio, Inc. IS GRANTED, subject to the condition that the parties  xkmay not consummate the transaction until such time as the Commission has acted upon the  xpending renewal applications for KRMG(AM), KWEN(FM) and KJSR(FM), Tulsa, Oklahoma,  x?unless, within ten (10) days from the release date of this Order, the applicants submit an  xxacceptable joint statement indicating that they are willing to assume the consequences associated  X-with the transferee succeeding to the place of the current licensee in the renewal applications.(#(#X x x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@William F. Caton x` ` hh@Acting Secretary