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According to Bahakel Ltd., the Grade B overlap area of WKFT and WCCBд"(ˆ,о)о)ZZЌ&с"д д ћЃ дencompasses 25,575 individuals and 1,581 square miles, comprising approximately 1.1% of the д ћЃ ждpopulation and 4.6% of the land area within WKFT's Grade B contour, and 1.5% of the д ‘Xвв- ћЃ Lдpopulation and 7.5% of the land area within WCCB's Grade B contour.ж@швПд yOKД- €ђдС€СAn application to modify the licensed facilities of WCCB is pending (BPCTЉ960702KR). Our independent д ћЃ ,дengineering analysis reveals that the future grant of this modification application would not create Grade A contour д ћЃ дoverlap with the authorized facilities of WKFT. In addition, while grant of such application would expand WCCB's д ћЃ LдGrade B contour, it actually would decrease the Grade B overlap area with WKFT due to a change in WCCB's transmitter site.@ж Bahakel Ltd. contends д ћЃ дthat the extent of the overlap created by the proposed assignment falls well within the range that д “XЄД- ћЃ дthe Commission has permitted in previously approved waivers, citing, УУinter alia, ФФУУKX Acquisition д “XД- ћЃ ˜дLimited Partnership,ФФ DA 97Љ2522 (MMB, released November 28, 1997) (granting conditional д ћЃ Їдwaiver where Grade B population overlap was 3.17% and 6.13%, and area overlap was 3.88% and 11.48%). д €хдС€Си3.и Bahakel Ltd. alleges that the stations serve separate and distinct markets, as WKFT д ћЃ <дis located in the RaleighЉDurham, North Carolina Designated Market Area ("DMA"), ranked 29th, д ћЃ дwhereas WCCB is located in the Charlotte, North Carolina DMA, ranked 28th. In addition, д ћЃ \дBahakel Ltd. asserts that Fayetteville and Charlotte, the stations' respective communities of д ћЃ ёдlicense, are separated by approximately 60 miles. Bahakel Ltd. also pledges that each station will д ћЃ гдcontinue to have its own separate local sales, programming and news staffs, and will "otherwise д ћЃ дoperate in a manner that reflects the two stations' current separate operating status" in the Charlotte and RaleighЉDurham DMAs. д €хдС€Си4.и Bahakel Ltd. contends that the overlap area will remain wellЉserved by a diversity of д ћЃ дmedia voices. According to the engineering report submitted by Bahakel Ltd., 16 other д ћЃ тдcommercial television stations provide Grade B or better service to all or part of the overlap area. д ћЃ ддThe report further indicates that 12 AM radio stations provide at least a 2.0 mV/m signal, and д ћЃ yд25 commercial FM radio stations provide at least a 1 mV/m signal, over all or part of the overlap д ћЃ Фдarea. Bahakel Ltd. further indicates that there are nine full power, commercial television stations д ћЃ Lдother than WKFT serving the RaleighЉDurham DMA and seven other than WCCB serving the д ћЃ ˆдCharlotte DMA, and that cable penetration is 62% in the RaleighЉDurham DMA and 67% in the д ћЃ ˆдCharlotte DMA. Bahakel Ltd. suggests that in light of the "multitude" of alternative television, д ћЃ .дradio and other media voices in each DMA, granting the requested conditional waiver will not result in competition detriments harming the public interest. д “XRД- €ЉдС€Си5.и УУDiscussion.ФФ In adopting the duopoly rule's fixed standard of prohibiting overlap of д ћЃ дGrade B service contours, the Commission also acknowledged the need for "flexibility" in that д ћЃ jдrule's application, noting that waivers should be granted where rigid conformance to the rule is д “XД- ћЃ —дdeemed inappropriate. УУAmendment of Sections 73.35, 73.240, and 73.636 of the Commission's д “XњД- ћЃ ІдRules Relating to Multiple Ownership of Standard, FM and Television Broadcast Stations,ФФ 45 д “XхД- ћЃ {дFCC 1476, 1479 n.12 (1964), УУrecon. granted in part,ФФ 3 RR 2d 1554 (1964). To that end, the д ћЃ ‰дCommission has developed a set of factors to be considered when evaluating an applicant's д ћЃ yдrequest for waiver of the duopoly rule, including the extent of the overlap, the number of mediaд"Й!xˆ,-(-(ZZЃ с"д д ћЃ дvoices available in the overlap area, the distinctness of the respective markets, the independence д ћЃ !дof the stations' operations, and the concentration of economic power resulting from the д “XвД- ћЃ zдcombination. УУSee Iowa State University Broadcasting Corporation,ФФ 9 FCC Rcd 481, 487Љ88 д “XНД- ћЃ Зд(1993), УУaff'd sub nom. Iowans for WOIЉTV, Inc. v. FCC,ФФ 50 F.3d 1096 (D.C. Cir. 1995); УУH&C д “XЈД- ћЃ LдCommunications, Inc.,ФФ 9 FCC Rcd 144, 146 (1993). After weighing the factors, the Commission д ћЃ -дconsiders any public interest benefits proposed by the applicant to determine whether, in light of д “X|Д- ћЃ дthe overlap, the benefits outweigh any detriment which may occur from grant of the waiver. УУSee, д “XgД- ћЃ ‰дe.g., Iowa State University,ФФ 9 FCC Rcd at 487Љ88. As with any waiver, it will only be granted if the Commission concludes that the waiver is in the public interest. д €]дС€Си6.и Currently, the Commission is reexamining its broadcast television ownership policies, д ћЃ Nдincluding the duopoly rule. In January 1995, the Commission proposed a new analytical д “Xі Д- ћЃ Ідframework within which to evaluate its broadcast television ownership rules. УУSee Review of the д ћЃ ЅдCommission's Regulations Governing Television Broadcasting, Further Notice of Proposed Rule д “XЪ Д- ћЃ ІдMaking,ФФ 10 FCC Rcd 3524 (1995) (УУ"Television Ownership Further Notice").ФФ Subsequent to the д “XЕ Д- ћЃ №дrelease of the УУTelevision Ownership Further NoticeФФ, Congress directed the Commission to conduct д ћЃ [дa rulemaking proceeding to determine whether to retain, modify or eliminate existing limitations д ћЃ дon the number of television stations that an entity may control within the same television market. д “XrД- ћЃ >дУУSeeФФ Section 202(c) of the Telecommunications Act of 1996, Pub. L. No. 104Љ104, 110 Stat. 56 д ћЃ .д(Feb. 8, 1996) ("Telecomm Act"). In response to this Congressional directive in the Telecomm д “XFД- ћЃ ‡дAct and to update the record, the Commission released the УУФФУУФФУУTelevision Ownership SФФУУecond Further д “X1Д- ћЃ MдNoticeФФ. In that УУSecond Further NoticeФФУУ, ФФthe Commission tentatively concluded to authorize д ћЃ –дcommon ownership of television stations that are in separate DMAs and whose Grade A contours д “XД-дdo not overlap. УУTelevision Ownership ФФУУSecond Further NoticeФФ, 11 FCC Rcd at 21681. д “XйД- €фдС€Си7.и УУФФThe Commission stated in the УУФФУУTelevision Ownership Second Further NoticeФФ that it will д ћЃ Хдbe inclined, during the pendency of the television ownership proceeding, to grant temporary д ћЃ [дduopoly waivers involving stations in different DMAs with no overlapping Grade A contours, д ћЃ .дconditioned on coming into compliance with the outcome of the proceeding within six months д ‘XД- ћЃ Цдof its conclusion. УУФФIt also noted its tentative conclusion that the record in that proceeding д ћЃ Kд"supports relaxation of the geographic scope of the duopoly rule from its current Grade B overlap д “XQД- ћЃ Zдstandard to a standard based on DMAs supplemented with a Grade A overlap criterion." УУIdФФ. The д ћЃ ЇдCommission further stated that "we do not believe granting waivers satisfying the proposed д ћЃ ддstandard, and conditioning them on the outcome of this proceeding, will adversely affect our д “XД- ћЃ гдcompetition and diversity goals in the interim." УУId.ФФ Additionally, the Commission gave the staff д “XљД-дdelegated authority to act on applications seeking waivers consistent with this interim policyУУ.ФФУУФФ д “XЭ!Д- €AдС€Си8.и Based on the Commission's interim ownership policy outlined in the УУTelevision д “XИ"Д- ћЃ ёдOwnership Second Further NoticeФФ and the specific showings made by Bahakel Ltd. in this case, д ћЃ jдwe believe that grant of a conditional waiver of the duopoly rule, subject to the outcome of the д ћЃ .дpending ownership proceeding, is justified. The temporary common ownership of WKFT and д “Xu%Д- ћЃ дWCCB would be consistent with the interim policy set forth in the УУTelevision Ownership Second д “X`&Д- ћЃ —дFurther Notice,ФФ as the stations are in separate DMAs and there is no Grade A overlap betweenд"`&ˆ,-(-(ZZъ$с"д д ћЃ ХдWKFT and WCCB. Moreover, our examination of the record presented here reveals nothing д ‘Xщв- ћЃ —дsuggesting that we should not follow the established interim policy in this case.жі"щПд yObД- €MдС€СWe note that the Grade B contour land area and population overlaps herein are within the range that the д {O*Ѕ- ћЃ тдCommission has permitted in previously approved conditional waivers. УУSee, e.g.,ФФУУ ФФУУWHOAЉTV, Inc.ФФ, 11 FCC Rcd д ћЃ ,д20041 (1996) (granting conditional waiver where Grade B population overlap was 5.4% and 2.1%, and area overlap д • дwas 9.3% and 9.7%).й Ш йіж Accordingly, д ћЃ kдwe conclude that grant of a temporary waiver, conditioned on the resolution of the pending д ћЃ xдbroadcast television ownership rulemaking proceeding, will serve the public interest, convenience д ћЃ =дand necessity. Any requests to extend this conditional waiver should be filed at least 45 days д ћЃ ˆдprior to the end of the sixЉmonth period and would be closely scrutinized. Additionally, having д ћЃ Едfound the applicants to be qualified in all respects, we conclude that grant of the application for д ‘X_Д-дtransfer of control also would serve the public interest.б#,5є\  PŽ6G;Љд,P#б д ‘XЭД- €Ћдб#Xjє\  PŽ6G;љ+XP#бС€Си9.и Accordingly, IT IS ORDERED, That the request for conditional waiver of the д ћЃ Ждtelevision duopoly rule, Section 73.3555(b) of the Commission's Rules, to permit the common д ћЃ дcontrol of television stations WKFT(TV), Fayetteville, North Carolina, and WCCB(TV), д ћЃ дCharlotte, North Carolina, IS GRANTED, subject to the outcome of the Commission's pending д ћЃ Ждbroadcast ownership rulemaking in MM Docket Nos. 91Љ221 and 87Љ8. Should divestiture be д ћЃ =дrequired as a result of that proceeding, Bahakel Communications, Ltd. is directed to file, within д ћЃ @дsix months from the release of the final order in MM Docket Nos. 91Љ221 and 87Љ8, an д ћЃ =дapplication for Commission consent to dispose of such station as would be necessary for it to д ‘XД-дcome into compliance with the rules as provided in the final order.б#,5є\  PŽ6G;Љд,P#б д H=ўiдУ УФ Ф д ‘XƒД- €здб#Xjє\  PŽ6G;љ+XP#бС€Си 10.и IT IS FURTHER ORDERED, That the application for transfer of control of Delta д ћЃ ІдBroadcasting, Inc., licensee of WKFT(TV), Fayetteville, North Carolina and associated auxiliary д ћЃ фдstations, from Common Stockholders of Allied Communications Company, Inc. to Bahakel Communications, Ltd. (BTCCTЉ971027IF) IS GRANTED. ааааXА` И hРpШ xа (#€%и'0*ˆ,р.813ш5@8˜:№