WPCY 2MBR3 Z3|PTimes New Roman (TT)New Roman Bold P6G;PTimes New Roman (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+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdYzzzzCCCCqodYYYYYYYYYYY8888dddddddndddddddTimes New Roman (TT)Times New Roman (Bold) (TT)RomanTimes New Roman (Italic) (TT) X- I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#XP\  P6QXP#"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d"">400000000009>9+@04242079$4+<744440-909020!!!4002-2--42O4020(($4+90-+!!9-002240000000>00-$000000+0000000222224744444049999224000000G-----0400000+04444-2"i~'^:DTddDDDd4D48ddddddddddDDd||||DXp||dp||ppL8LTdDddXdX8dd88X8ddddLL8dXXXLP8PlD4lTDDD4DDDDDDdDd8|d|d|d|d|dX|X|X|X|XD8D8D8D8dddddddddpX|ddddpXd|d|d|d|dXXlXx|X|X|X|XdddldldD8DdDDDddllXp8pHpDp@p8dtdddd|L|L|LdLdLdLllpHp8pTddddddplpLpLpLdpDddLpDpdx4ddC,CWddddddddddddddddddddddddddddddddddddddddNHxxHhdLdddddd8@d<@d<DDppdDDxddzHxxHkddDpd<"dxtldxxd2CTdd+CCd2C28ddddddddddCCdzzzzCYozzdozzooN8NTdCddYdY8dd88Y8ddddNN8dYYYNP7PlCdoddCdCCCooFdCNCo2Ndddd7dC7dCdPn<ddzzzzzzzzzzCCCCozdddddddYYYYY8888dddddddndddddYd"i~'^09FSS999Sq+9+/SSSSSSSSSS99qqqSggnxggxx9In]nxgxgS]xgg]]?/?FS9SSISI/SS//I/xSSSS??/SInII?C/CZ9+ZF999+999999S9S/gSgSgSgSgSnnIgIgIgIgI9/9/9/9/nSxSxSxSxSxSxSxSxS]IgSxSxSxS]IxSgSgSgSgSnInInZnIxdgIgIgIgIxSxSxSxZxSxZxS9/9S999SSZZnI]/]<]9]5]/nSanSnSxSxSng?g?g?S?S?S?ZZ]<]/]FxSxSxSxSxSxSn]Z]?]?]?xS]9nSS?]9]Sd+SS8%8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddN>"5@^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777CE7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SAxSf.fExSxSxSxo7oE]A]AN:*LS7JSSSSS.4}}S2S}277JJS77SS7J72t7[\\[^\d*C`^.wRSSn\Cfx`xWlRx\]\cdIfIs`Wx\rriwgd*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSS"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCdddddd>400000000009>9+@04242079$4+<744440-909020!!!4002-2--42O4020(($4+90-+!!94)0400000000000G2-2-2-2-2-744040404094949494-004240402-40220044002-2-2-2-442-7-7077-7-94944444$42++)7474444(4)0(N$2+00020000-00000000t0>77+0c7<&&209<!!&>>400000000009>9+@04242079$4+<744440-909020!!!4002-2--42O4020(($4+90-+!!9-002240000000>00-$000000+0000000222224744444049999224000000G-----0400000+04444-22nY@RL@O\R@.V"5@^2CTdd+CCd2C28ddddddddddCCdzzzzCYozzdozzooN8NTdCddYdY8dd88Y8ddddNN8dYYYNP7Pl2CC!CCPRCddzdzdzdzdzdYzYzYzYzYC8C8C8C8dddddddddoYzddddoYdzdzdzdzdYYYzYzYzYddddddPdCdCCCdYYo8oRdddzNzRdNdNNF2idNdddddd7>d<d<CCoodCCddCoCddzzzzzzzzzzCCCCozdddddddYYYYY8888dddddddndddddYd"5@^!)22SN!!28!2222222222888,\HCCH=8HH!'H=YHH8HC8=HH^HH=!!/2!,2,2,!222N2222!'22H22,006!!!!()!22H,H,H,H,H,YCC,=,=,=,=,!!!!H2H2H2H2H2H2H2H2H2H2H,H2H2H2H2H282H2H,H,C,C,C,=,=,=,H2H2HH2H2H2H2(2!2!!!2'H2==)H2H2H2YHC!C)8'8'N#-2!,22222KK2LL2K!!,,2d!!22bd!,d!t!77778c7experienced by standalone Puerto Rican stations and claims that without joint ownership,  x[WNOZ(AM) will not likely survive, a fate that it contends has befallen a number of other small Puerto Rican radio stations."# ,-(-(ZZe""Ԍ  X-  x10.  Competition and Diversity in the Market. Concilio Mision states that because Puerto  xRican stations are not ranked by national ratings services such as Nielsen or Arbitron, the  xjCommission in the past has used the U.S. Census Bureau's designated Metropolitan Statistical  x[Areas (MSAs) to define the applicable market. Concilio Mision claims that the relevant market  xshould include all radio and television stations licensed to the Aguadilla and Mayaguez MSAs.  x[According to Concilio Mision, there are four television stations licensed to communities in the  xAguadilla MSA and five television stations licensed to communities in the Mayaguez MSA. In  x=addition, Concilio Mision reports that there are eight radio stations (four AM and four FM) in  x\the Aguadilla MSA and 16 radio stations (seven AM and nine FM) in the Mayaguez MSA.  xConcilio Mision states that these nine television stations and twentyfour radio stations constitute  xa total of twentysix separate broadcast "voices." Concilio Mision also states that the Aguadilla  xMSA is served by two low power television stations, three daily newspapers of wide circulation  xand a cable system. Thus, Concilio Mision argues that common ownership of WNOZ(AM) and  x|WQHA(TV) will not permit it to dominate the market or adversely affect diversity and competition.  Xb-*0 Discussion ă  X4-  mx11. In evaluating a request for a waiver of the onetoamarket rule, the Commission's  xgoal "is to permit the public to benefit from such efficiencies of operation as may be achieved  xthrough the use of common facilities and staff, consistent with the maintenance of diversity and  X- xvigorous competition within the market areas involved." Second Report and Order Recon., 4  xFCC Rcd at 6491. The Commission has recognized that "[i]n smaller markets, where competition  xis usually more limited, of particular importance would be demonstrated financial difficulties and  xthe practical question of whether a waiver grant . . . would in fact increase or decrease the vigor  X- xyof competition and diversity in the market." Id.Ġat 64916492. Thus, in determining whether the  xpublic interest would be served by grant of a onetoamarket waiver, the Commission evaluates  xyand balances other specific factors against its longstanding interest in maximizing competition  XR- xand promoting diversity. Greater Muskegon Broadcasters, Inc., FCC 96423 (Oct. 30, 1996). We  xfind that Concilio Mision's showing in support of a waiver of the onetoamarket rule meets our casebycase criteria, and that a waiver in this instance is consistent with the public interest.   `x12. Concilio Mision has shown that common ownership and joint operation of  x/WNOZ(AM) and WQHA(TV) will create operating efficiencies resulting in significant cost  xsavings and the prospect of increased advertising revenues. It also appears that the savings  xrealized and the increased revenues derived from crosspromotion of the stations will result in  xprogramming improvements such as increased public affairs programming and the production of a nightly news show.   x13. With regard to technical facilities, and based on the comparable size and number of  xother AM, and television stations in the market, we determine that the resulting combination of  x=an independent UHF television station and a Class B AM station operating with 1 kW will not")',-(-(ZZ%"  x.vest Concilio Mision with technically dominant facilities that would have an adverse effect on  xdiversity or competition. Our independent analysis of Concilio Mision's showing demonstrates  xthat the market will be served by at least two other television stations with comparable or  xsuperior technical facilities to that of WQHA(TV), and three AM stations with comparable or  xsuperior technical facilities to that of WNOZ(AM). Moreover, audience share data complied by  x/Asesores, Inc., which we have accepted in the past when considering Puerto Rican station  xcombinations, confirms that the stations that Concilio Mision proposes to coown are not  X_- xdominant. See WLDI, Inc., 10 FCC Rcd at 12,152. Indeed, neither of these stations gained  xsufficient audience shares in the relevant market to be reported by Asesores, Inc. As the  X3- xLCommission noted in the Second Report and Order, "allowing joint operation of a low ranking  x=radio and television station may enable the new combination to compete effectively..., thereby  xjcreating incentives for both outlets to improve their programming and service to the public." 4  xFCC Rcd at 1760 n. 102. Additionally, neither Concilio Mision, nor any other entity controlled by Concilio Mision, owns any other broadcast stations in the market.   Qx14. With regard to Concilio Mision's financial showing, we note that although  xWNOZ(AM) is not a failed station, it has experienced substantial operating losses during the past  xtwo years. Thus, it appears that WNOZ(AM)'s viability could be threatened if it continued to  Xf-operate as a standalone AM station. See WLDI, Inc., 10 FCC Rcd at 12,152.   XQ-   x15. Finally, we turn to the level of diversity and competition in the relevant market.  x-Indicia of the level of diversity include the number of broadcast outlets, the number of separately  xowned and operated "voices" in the market, and the presence of cable and nonbroadcast media.  xAs Concilio Mision points out, in prior cases involving onetoamarket waivers in Puerto Rican  xmarkets, which are not ranked by national ratings services, the Commission has used the U.S.  xCensus Bureau's designated Metropolitan Statistical Areas (MSAs) to help define the applicable  X- xbroadcast markets. See WPRA, Inc., FCC 96481 (Jan. 3, 1997); WLDI, Inc., 10 FCC Rcd 12,150  xK(1995). In these cases, we have counted television stations licensed to communities in the MSAs  xcovered by the Grade A contour of the television station in the proposed radiotelevision  xcombination. In addition, we have counted radio stations licensed to the same community as the  xradio stations involved in the proposed combination, as well as radio stations licensed to  xcommunities encompassed by the principal community contours of any of the proposed coowned  X(- xradio stations. See WPRA.  We will follow this precedent, and thus will count television stations  xlicensed to communities in the Aguadilla and Mayaguez MSAs. In this regard, we note that  x WQHA(TV) is licensed to Aguada, in the Aguadilla MSA, and that WQHA(TV)'s Grade A  xcontour covers both the Aguadilla and Mayaguez MSAs. We will also count radio stations  xlicensed to Aguadilla, WNOZ(AM)'s community of license, as well as stations that are licensed  X!-to communities encompassed by WNOZ(AM)'s principal community service contour. Id.   0x16. Based on information supplied by Concilio Mision and our independent analysis of  xKthat information, we find that after Concilio Mision's acquisition of WNOZ(AM) is consummated,  xthe market will continue to be served by a total of 14 broadcast stations, six radio stations (three"]%,-(-(ZZ $"  X- xAM and three FM) yOy- x#C\  P6QpP#э We have excluded one AM station and one FM station licensed to Isabela, Puerto Rico in the Aguadilla MSA, since that community is not encompassed by WNOZ(AM)'s principal community contour.  and eight television stations. These stations include one commonlyowned  xradiotelevision combination, WQHA(TV)/WNOZ(AM), and one commonlyowned AM/FM  xlcombination, WNNV(FM)/WZNA(AM). Thus, the market's 14 stations will represent 12  xseparately owned broadcast "voices." In addition, other "voices" in the market include 2 low power television stations, a cable system with 53 channels, and 3 daily newspapers.   x17. Although the relevant market here is small, we have granted a permanent onetoa x market waiver in which a similar number of voices remained following the proposed station  XH- xcombination. Glendive Broadcasting Corp., 10 FCC Rcd 2708, 2711 (1995)(8 "voices").H  {O - x#C\  P6QpP#э See also, Perry Television, Inc., 5 FCC Rcd 1667, 1671 (Rev. Bd. 1990)(onetoamarket waiver granted with 14 "voices"). The  xonetoamarket waiver in Glendive involved an AM radio station facing financial difficulties  x.similar to those currently experienced by WNOZ(AM). Moreover, this case involves the very  xsituation in which the Commission has been predisposed to grant waivers of its onetoamarket  X - x!rule, i.e., "a case involving a station of the type that often has difficulties surviving in a  X - xcompetitive market, e.g.,   UHF TV, small AM or Class A FM station." Kargo Broadcasting, Inc.,  X - x5 FCC Rcd 3442, 3443 (1990). See, e.g., Salt of the Earth Broadcasting, Ltd., 9 FCC Rcd 3621  X - xj(1994).  Given the nature of the AM and UHF television stations involved, and in particular the  xydemonstrated financial difficulties facing WNOZ(AM), we conclude that any detrimental effect  xon competition and diversity that may result from common ownership of these stations is  xyoutweighed by the benefits such ownership will produce. Waiver of the onetoamarket rule is  xtherefore warranted. Additionally, because we find that the parties are fully qualified, we will approve the assignment of the license of WNOZ(AM) to Concilio Mision.  X-  ]x18. Accordingly, IT IS ORDERED, That the request for waiver of the Commission's one xktoamarket rule, 47 C.F.R.  73.3555(c), IS GRANTED, and the application for assignment of  x>license of WNOZ(AM), Aguadilla, Puerto Rico, from Nos, Inc. to Concilio Mision Cristiana Fuente de Agua Viva, Inc. (BAL960926EI) IS GRANTED.  X- @ FEDERAL COMMUNICATIONS COMMISSION x x` `  hh@ William F. Caton  X*- hh@ Acting Secretary