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These 48 radio stations and 7  Xw- xjtelevision stations are licensed to 45 separate owners. Clear Channel states that a wide variety  xMof other media also are available, including local newspapers, cable television, and four low  x-power television stations. In particular, Clear Channel states that the Harrisburg market is served  x[by 39 cable operators, reaching 71.4 percent of total households. In addition, there are 460,500  x!VCR households (81 percent penetration rate), and ten daily newspapers and 15 weekly publications.  X <*1 Discussion ă  X <  [x9. Local Marketing Agreement. Before considering Clear Channel's request for a waiver  x of the onetoamarket rule, we must determine what weight, if any, we should accord Clear  xChannel's existing LMA with WLYHTV in assessing that request. Currently, television LMAs  xare not attributable to the brokering station, nor, taken alone, are they considered a "meaningful"  xMrelationship within the scope of the crossinterest policy. At present, therefore, we will not  xZaccord significance to Clear Channel's existing television LMA in evaluating its ownership waiver  X - xZrequest. We note, however, that we have proposed to attribute television LMAs to the brokering  xstation where the stations involved are in the same market and the brokerage arrangement  X- xincludes more than 15% of the brokered station's weekly broadcast hours. Further Notice of  X- xProposed Rulemaking, MM Docket Nos. 94150, 9251 and 87154, FCC 96436 at para. 27  x](released November 7, 1996). Further, we have proposed that any LMA which would be  x.attributable for duopoly rule purposes under this approach "would also count in applying our  xother ownership rules, including, for example . . . the onetoamarket rule (or radiotelevision  X- x.crossownership rule)." Id. (footnotes omitted). And, while we have proposed to grandfather  xthose LMAs such as the LMA here that were entered into prior to the November 5, 1996  XW- xadoption date of the Second Further NPRM, we have also indicated that we would "reserve the  xright . . . to invalidate an otherwise grandfathered LMA in circumstances that raise particular  xxcompetition and diversity concerns, such as those that might be presented in very small markets."  X- x[Id. at para. 88. Our decision here in no way prejudges the resolution of LMA attribution in our  xpending ownership and attribution proceedings. Thus, if we establish final rules for attributing  xand grandfathering LMAs, we would also assess whether the class of transactions involving radio,  xtelevision and LMA interests, such as those involved in this case, should be permitted to  xcontinue. Consistent with our treatment of transactions raising similar issues, we will condition  X"- xthe onetoamarket waiver we grant here on the outcome of these rulemakings. See REP WWBB  X#-G.P., at para. 11; S.E. Licensee G.P., 11 FCC Rcd 16727, 16732 (1996).  Xb%<  x10.  OnetoaMarket Waiver.  Clear Channel would realize substantial cost savings and  xeconomic benefits from the joint ownership of WHPTV, WLAN and WLANFM. In total, Clear  xChannel projects that consummation of the proposed acquisition would produce immediate annual"5',N(N(ZZ&"  X- xsavings of $270,000. In addition, Clear Channel states that the stations will undertake cross xipromotions, which we have recognized as "one of the most significant benefits of joint ownership  X- xof radio and television stations in the same market." Second Report and Order, 4 FCC Rcd at 1747 (footnote omitted).   "x11. The Commission has stated that "combinations involving UHF TV, small AM or  xClass A FM stations may provide relatively greater public interest benefits and impose relatively  Xa- x@fewer public interest costs." See Second Report and Order, 4 FCC Rcd at 1753. The  xcombination for which the instant waiver is requested involves a UHF station, WHPTV, which  xcompetes in the Harrisburg market with one VHF and five UHF stations, two of which garner  xlarger audience share ratings than WHPTV. Although WLANFM is a 50 kW station, Clear  xChannel has shown that four other FM stations in the market not under Clear Channel's control  xalso are authorized to operate at 50 kW. Additionally, WLAN is a 5 kW daytime/1 kW  xnighttime AM station. Given the substantial competing facilities in the Harrisburg market, we  xxfind on balance that the proposed transfer of control of Peoples does not present issues of market dominance inconsistent with our core competition and diversity concerns.   x12. Although Clear Channel states that none of the broadcast stations at issue is in  xfinancial distress, we have previously indicated that not all five factors need be present to justify  XO- x/a onetoamarket waiver. See Second Report and Order Recon., 4 FCC Rcd at 6491; Great  X:- x=American Television and Radio Co., Inc., 4 FCC Rcd 6347, 6349 (1989). We have also granted  xa number of onetoamarket waivers where there was no finding that any of the stations were  X- x\financially troubled. See, e.g., Louis C. DeArias, 11 FCC Rcd at 3666; Atla Gulf FM, Inc., 10  X-FCC Rcd 7750, 7751 (1995); Secret Communications, L.P., 10 FCC Rcd 6874, 6877 (1995).   x13. Finally, we are persuaded that the proposed combination will not create any undue  X- xconcentration of ownership or control of the broadcast media in the Harrisburg market.H yO/-  .ԍxAs to the market definition within which to count the number of broadcast stations in the context of a one x toamarket waiver, the Commission considers "the relevant TV metro market for radio stations and the relevant ADI  {O- xw[Arbitron Area of Dominant Influence] TV market for TV stations." Second Report and Order, 4 FCC Rcd at 1760  xn.101. However, since Arbitron no longer compiles television ADI data, we will accept instead Clear Channel's  {OQ- xshowing using the Nielsen DMA in determining the number of broadcast "voices" in the Harrisburg market. See  {O- xMedia/Communications Partners L.P., 10 FCC Rcd 8116, 8116 n.3 (1995); see also Further Notice of Proposed Rule  {O- xJMaking, Review of the Commission's Regulations Governing Television Broadcasting, 10 FCC Rcd 3524, 3539 n.59 (1995). The  xmarket is highly competitive, both in terms of the station market shares and the number of other  X- xjbroadcast outlets. We have confirmed Clear Channel's assertion that there are 18 AM stations  Xq- xand 30 FM stations licensed in the Harrisburg television metro market and 1 VHF station and  XZ- x6 UHF stations licensed in the Harrisburg DMA. These 48 radio stations and 7 television  XC- xstations are licensed to 45 separate owners. It also appears that a wide variety of other media  xare available, including 39 cable systems, which reach 71.4 percent of total households, ten daily  x=newspapers, 15 weekly publications, and four low power television stations. We have waived  X- x 73.3555(c) in similar circumstances. See Louis C. DeArias, 11 FCC Rcd at 3666 (31 separate",N(N(ZZ"  X- xvoices, 2 daily newspapers, and 57.9 percent cable penetration); Moosey Communications, Inc.,  x8 FCC Rcd 5247, 5249 (1993) (24 separate voices, 1 daily newspaper, and 73 percent cable  X- xMpenetration); Liggett Broadcast, Inc., 7 FCC Rcd 7124, 712526 (1992) (28 separate voices, 7  X- x[daily newspapers, and 51 percent cable penetration); South Central Communications Corp., 5  xFCC Rcd 6697, 669899 (1990) (26 separate voices, 2 daily newspapers, and 61.9 percent cable  X-penetration).   ?x14. With respect to economic concentration and competition, our independent analysis  xjindicates that WLAN(AM)/FM garner a 17.4 percent share of the radio advertising revenue in  xthe Lancaster market, while WHPTV garners 12.9 percent of television advertising revenue.  xTogether, these stations garner 13.5 percent of the market's broadcast advertising revenue. Based  xon these revenue shares, we do not believe that the proposed transfer of control would affect unduly diversity and competition in the Harrisburg market.  X -  x15. We conclude that a temporary, conditional waiver is warranted.  The Harrisburg  xZmarket is both diverse and highly competitive, and this transaction involves a nondominant UHF  xtelevision station. While Clear Channel's commonlyowned facilities are technically significant,  xcompeting facilities do exist. Moreover, the economic efficiencies and program service benefits  xlthat would result from the consummation of the proposed transaction support grant of a temporary, conditional waiver.  X#< Ordering Clauses ă   Px16. Accordingly, IT IS ORDERED, That the request for a permanent waiver of the  xCommission's onetoamarket rule, 47 C.F.R. 73.3555(c), to permit common ownership of Stations WLAN and WLANFM, Lancaster, Pennsylvania IS HEREBY DENIED.   x17. IT IS FURTHER ORDERED, That a temporary waiver to permit common ownership  xof Stations WLAN and WLANFM, Lancaster, Pennsylvania IS HEREBY GRANTED, subject  Xl- xto the outcome in the pending television ownership rulemaking proceeding, Second Further  XW- x0Notice of Proposed Rulemaking, MM Docket Nos. 91221 & 878, FCC 96438 (released  XB- x>November 7, 1996), and in the pending broadcast attribution proceeding, Further Notice of  X-- xlProposed Rulemaking, MM Docket Nos. 94150, 9251 and 87154, FCC 96436 (released  xNovember 7, 1996). Should divestiture be required as a result of those proceedings, Clear  xMChannel Metroplex, Inc. is directed to file an application for Commission consent to sell the necessary station(s) within six months from the release of the Orders in those proceedings.   |x18. IT IS FURTHER ORDERED, That, having found the applicants fully qualified, the  xabovecaptioned applications for transfer of control of Peoples Broadcasting Company, licensee  xof WLAN and WLANFM, Lancaster, Pennsylvania, from Samuel M. Altdoerffer, III; Samuel  x/M. Altdoerffer, IV; Frank H. Altdoerffer, II; John D. Altdoerffer; Nancy B. Altdoerffer; and  xNancy A. Jones to Clear Channel Metroplex, Inc. (File Nos. BTC961015GJ and BTCH961015GK) IS HEREBY GRANTED. "2',N(N(ZZ%"Ԍx` `  FEDERAL COMMUNICATIONS COMMISSION x` `  William F. Caton x` `  Acting Secretary