WPCC^ 2 BP Courier 10cpi3|w le)CG Times Bold (Scalable)XPCG Times (Scalable) room 254 lpt2:HPLAIIAD.PRSx  @H&$yX@2<< ZLH3|jHP LaserJet IIISi in room 254 lpt2:HPLAIIAD.PRSXj\  P6G;H&$yXPCG Times (Scalable)CG Times Bold (Scalable)CG Times Italic (Scalable)x/c81,c P7P7zC;,ZXz_ p^7Xy.f81,f_ p^7d|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddxHxxHvppDXd<"dxtldpxxd X- I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#X\  P6G;P#X01Í ÍX01Í Í#Xj\  P6G;[AXP#uuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""K2F49"i~'^09FSS999Sq+9+/SSSSSSSSSS99qqqSggnxggxx9In]nxgxgS]xgg]]?/?FS9SSISI/SS//I/xSSSS??/SInII?C/CZ9+ZF999+999999S9S/gSgSgSgSgSnnIgIgIgIgI9/9/9/9/nSxSxSxSxSxSxSxSxS]IgSxSxSxS]IxSgSgSgSgSnInInZnIxdgIgIgIgIxSxSxSxZxSxZxS9/9S999SSZZnI]/]<]9]5]/nSanSnSxSxSng?g?g?S?S?S?ZZ]<]/]FxSxSxSxSxSxSn]Z]?]?]?xS]9nSS?]9]Sd+SS8%8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddNA.SSxSSJJSJSSSSSS8SSSSSSSSS.xJxJxJxJxJorJiJiJiJiJ8.8.8.8.{SxSxSxSxS{S{S{S{SxSxJ{SxSxSxS{S`SxSxSxSrSrSrS{SiSiSiSiSxSxSxSxSxS{S{SS.SSSSz]SSuSiSiSk2g/a{S{SxSxSxoSoSZ?YSYSiSiSiS{S{S{S{SxxSkI8SS888WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNxxxSSS8JDDSSSSSS;SSSS;88VVS++SSffSSxSc]]8VS;"xxSxWxxS唔S88xfxxxxxxxxxxx8SxS]SxoS8SxJS`xlxxxxxxxxxxMxxxxxxofxGcxxxxxxxSxxxxxxxJxxxxJxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx8xxx8xxx8xxx8xxxxxxxxxxxxxxfi]f]oJiAlJ{SxJ8.uJo]]{JoSxJxf`SfSSiJxJofx]fffxi{8SxxxfJffff88SSSSx{SSSxxxf8`SJ82qLa>CGP1"Sh5^;C]ddCCCdCCCCddddddddddCCȲdxN`xoȐCCCddCdoYoYFdo8Co8odooYNCodddYdddddddddCddddddddo8dddddϐYYYYYN8N8N8N8oddddooooddoddddxoddddddodddddddddood8doddrddoddN8ooddddoNododdddooooȐdYCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCdUUddddddFddddFCCssd44ddzzddd~ooCsdF"Ȑdsd岲dCCȐzȲxCddodȐȅdCdYdsȐ`ȐȐȮzȐUvŐdȐddCCCCŐzozoYNYYYN8YooYdYzzdzddYYzozzzNdzYzzzzCCdddddddzCzdYC"Sh5^18MSS888S8888SSSSSSSSSS88SxoxxodAPoxdx]oxxxxo888SS8S]J]J;S].8].]S]]JA8]SxSSJSSSSSSSSS8SSSSSSSS].xSxSxSxSxSxxJoJoJoJoJA.A.A.A.x]SSSSx]x]x]x]xSxSx]SSxSxSd]xSxSxSxSxSxSx]oSoSoSoSSSSSS]]S.S]SS_SS]oSoSoAo.x]x]SS{xSxS]A]S]SoSoSoSx]x]x]x]xxSoJ8SS888WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNxxxSSS8SGGSSSSSS;SSSS;88``S++SSffSSxSi]]8`S;"xxSx`xxS唔S88xfxxxxxxxxxxx8SxS]SxoS8SxJS`xrxxxxxxxxxxPxxxxxxofxGcxxxxxxxSxxxxxxxSxxxxSxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx8xxx8xxx8xxx8xxxxxxxxxxxxxxfo]f]oJoAoJJxJA.Jo]]xJoSJxffSfSSoJxJofx]fffxoASxxfJffff88SSSSxSSSxxxf8fSJ8"Sh5^$(8<><q*"xxxxWWxxxWWkkxxx:J2J2H2H2YHC2C26&6262?2?2?2J2J2J2J2^HH2@,!22!!!WddddddddddddddddddddddddddddddddddddddddddddddddxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHHH222!,))22X222YY2#2222Y#!!442Ydd22==Ld2d2H2;SS88Y!42^x#"ddddHHddd2Hdd4HHYYddd2YYddd Y2!!dddddH=dYHHHHHHHHHHx!d2H282YdHdC2!2H,29HNAddHHHHHHHHHHddddd.dHHHHdddddddddddddddddddHHddddddSC=NdHddd+;HHHHddddddHHH2HHdHHdddHHH,HHHH,HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH!HHH!HHH!HHH!HHHHHHHHHHHHHH=?8=8C,?'A,J2H,!F,C8[8J,C2H,H=92=22?,H,C=H8N===H?J!2HHH=,====!!2222HJ222HHH=!92,!d"Sh5^;C`ddCCCdCCCCddddddddddCCȰdxxxsCYoxxdoxxooCCCddCddYdY8dd88Y8ddddLL8dYYYLYdYddddddCddddddddd8xdxdxdxdxdYxYxYxYxYC8C8C8C8dddddddddoYxddddoYdxdxdxdxdddddxdxdxdxddddddddd8ddddddddododp8p8xddddxdxddLddddodododddddodpLCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCd]]ddddddFddddFCCddd88ddzzdddkddCddF"Ȑddd尰dCCȐzȰxCdzdodȐȅdCdYdsȐ]ȐȐȧzȐUvŐdȐYYCCCCzzzozoYzNoYdYC8YooYdYzzdzddoYoYzzozzzzzCdoozYzzzzCCddddzdddooozCsdYC25V\Z`A^"Sh5^;LhddCCCdCCCCddddddddddCCȰdxLdxxoxxxCCCddCddYdYFdo88d8odddLL8oYdYLdddddddddCddddddddd8dddddYYYYYL8L8L8L8oddddoooozYddddxYdxdddddddddddddddddood8ddddkdddxdxdxDx8ooddהddpLododxdxdxdooooxdxLCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddLdYYddddddCddddCCCkkd88ddzzdddsssCkdC"Ȑd~d尰dCCȐzȲxCddodȐȅdCdYdsȐ`ȐȐȮzȐUvŐdȐddCCCCŅzozoYNzYYYN8YooYdYzzdzddzYzYzozzzNdzzzYzzzzCCdddddddzzzzCzdYCȢ8wC;,[AXw P7XPx/c81,c P7P7zC;,ZXz_ p^7Xy.f81,f_ p^7V"G($,hG P7hPH<!, ,< P7,P&6uC;,-/Xu&_ x$&7XXd4wC;,HXw*0 xM7X Y2 X    Y2 Q Federal Communications Commission`(#DA 98424 ă  yxdddy s#X\  P6G;P# Before the _Federal Communications Commission  yO(jWashington, D.C. 20554 ă  YA2In re Applications of#Xj\  P6G;[AXP#) )  Y2 A T & T Corporation ) (Transferor)) )  Y2and)File Nos.BTCCT970910YAYI  Y2)ppXBTCTT970910YJ  Y 2)ppXBTCTVL970910YK  Y 2)ppXBTCTTL970910YLYZ )  Y\ 2 LIN Holdings Corporation ) (Transferee)) ) For Consent to the Transfer of Control of)  Y2the Following Broadcast Licenses:hh )  Y2KXASTV, Fort Worth, Texashh )  Y2WISHTV, Indianapolis, Indianahh ) WTNHTV, New Haven, Connecticut )  Y2WIVBTV, Buffalo, New Yorkhh  )  Y2WAVYTV, Portsmouth, Virginia hh )  Yw2KXANTV, Austin, Texashhh )  Y`2KXAMTV, Llano, Texashhh )  YI2WAND(TV), Decatur, Illinoishh )  Y22WANETV, Fort Wayne, Indianahh )  X28}  MEMORANDUM OPINION AND ORDER x  Y2X` hp x (#%'0*,.8135@8:other assorted goods and services; $1,000 from combining the stations' efforts in conducting community   ascertainment projects; $2,000 by conducting joint training of the television and radio station sales staffs, and; $1,300 by sharing the use of field test equipment. n In the DallasFort Worth market,   Hicks anticipates annual cost savings of approximately $254,00 to $264,000, to be achieved  XJ-  <through sharing of equipment, agency commissions, volume discounts and staff consolidations. J( ? yO#-  ԍ The annual cost savings in the DallasFort Worth market are based on the following calculations: $25,000 from   radio station staff reductions, made possible by utilization of KXAS-TV's news programming service, $4,000 from   isubstituting the radio stations subscription weather service for KXAS-TV's weather programming service, $8,000   from sharing of engineering staff through elimination of training and outside contractors, $30,000 by the radio   stations utilization of KXAS-TV's traffic helicopter (in lieu of an outside service) for traffic coverage of special   events throughout the year; $62,000 in advertising agency commissions and production costs for radio advertising   of KXAS-TV placed directly on the radio stations and produced using the radio stations' production facilities;   $50,000 in advertising agency commissions and production costs for television advertising of the radio stations placed   idirectly on KXAS-TV and produced using KXAS-TV's production facilities; $8,000 through the joint purchase of   group health insurance by KXAS-TV and the radio stations in the Dallas market; $51,500 by volume discounts for   the group purchase of billboard and print advertising; $10,000-$20,000 through KXAS-TV by volume discounts for   Kthe group purchase of other assorted goods and services; $2,000 by combining the stations' efforts in conducting    community ascertainment projects; $2,000 by conducting joint training of the television and radio station sales staffs, and; $1,300 by sharing the use of field test equipment.    Hicks maintains that these costsavings and economic efficiencies will provide the opportunity   for programming enhancements and certain other public interest benefits in each market. In that   -regard, Hicks pledges to use a portion of the cost savings to enhance news operations at KXAS  \TV, Fort Worth and WTNHTV, New Haven. Each of these television stations will make its   news operation available to all Hicks radio stations in its market. Hicks believes this will enable   Hicks radio stations to "provide comprehensive reporting of local, national and international news   xwithout incurring the expense of their own news staff and facilities." Moreover, the radio stations   Zwill have access to live coverage of local emergencies, audio feeds of news and weather bulletins,   =and stateoftheart weather information. Such weather information is particularly important in   Mthe DallasFort Worth market, notes Hicks, because tornadoes are a serious threat. Finally,   jKXASTV and WTNHTV will produce news programming, including hourly fiveminute audio"M,-(-(ZZ"   znews inserts for airing on Hicks radio stations between 10:00 a.m. and 12:00 midnight. Apart   from the cost savings in the individual markets, X` hp x (#%'0*,.8135@8:foot antenna; WEFX(FM), Norwalk, CT, a 3 kW Class A FM station operating on 95.9 mhz   from a 299 foot antenna; WNLK(AM), Norwalk, CT, a Class III AM station operating on 1350   kkhz at 1 kW during the day and 500 W at night; WAXB(FM), Patterson, NY, a 1.5 kW Class   [A FM station operating on 105.5 mhz from a 460 foot antenna; and WPUT(AM), Brewster, NY, a Class II AM station which operates on 1510 khz at 1 kW during the day. "# ,-(-(ZZe""Ԍ  y19. In the DallasFort Worth market, Hicks states that there are eight other VHF stations with   jcomparable facilities licensed to the DallasFort Worth market. As for radio stations within the   0DallasFort Worth television metro market, Hicks claims that five stations have facilities   Lcomparable or superior to KSKY(AM) and 13 stations have facilities comparable to KZPSFM,   KHKSFM, and KDGEFM. According to Hicks, the HartfordNew Haven DMA and the New   York television metro market, the markets involved in the WTNHTV radiotelevision common  Xv-  [ownership, are each host to other stations with comparable or superior facilities.\vd yO-  ԍ For purposes of the onetoamarket rule, radio voices are those within the relevant television metro market  {O-  (see Second Report and Order, 4 FCC Rcd at 1760, n. 101), and television voices are those within the relevant DMA  {O -(see Media Communications Partners, L.P., 10 FCC Rcd 8116, 811617, n. 3 (1995)).  Hicks claims   that there are three other television stations licensed to the New HavenHartford DMA with   superior facilities. Also, adds Hicks, there are 62 radio stations licensed to cities within the New   /York television metro market with technical facilities comparable or superior to the those of   zWAXB(FM), and 39 stations with facilities comparable or superior to those of WPUT(AM).   Likewise, regarding Fairfield County, Connecticut radio stations WINE(AM), WRKI(AM),   =WEFX(FM) and WNLK(AM), Hicks contends that a large number of comparable and superior  X -  facilities exist within the New York television metro market.  d yOr-  ԍ The Fairfield County radio stations are located in the New York DMA but are not a part of any television   metro market. However, because all of the subject radio stations in the WTNHTV waiver request are located within   the New York DMA, for the purposes of factoring comparable facilities, Hicks has compared all of them to radio stations located in the New York metro market.  Thus, argues Hicks, even if the   Commission finds the technical facilities of the stations to be significant, the proposed combinations do not present issues of market dominance inconsistent with the public interest.  Xy-  20. Other Media Interests. Hicks owns no other media outlets in any of the relevant markets,   but acknowledges that LIN has existing local marketing agreements with KXTXTV, Channel 39,   Dallas, Texas and WBNETV, Channel 59, New Haven, Connecticut. Nevertheless, Hicks asserts   lthat the Commission has determined that "it will not accord significance" to any existing  X-  television LMAs when evaluating a onetoamarket waiver request.  S.E. Licensee G.P., 11 FCC Rcd 16727, 16732 (1996).  X-  21. Economic Status. Hicks acknowledges that none of the stations involved in its waiver  X-  =requests is in financial distress. However, citing Great American Television and Radio Co., 4   >FCC Rcd 6347, 6349, Hicks asserts that this factor of the casebycase analysis is not given   "substantial weight" by the Commission when a strong public interest showing has been made.   [Hicks further notes that the Commission has granted many onetoamarket waivers for station combinations that did not involve stations in financial distress.  X?-  22. Competition and Diversity in the Markets. Finally, Hicks contends that given the plethora   <of competing voices in all of the markets involved in its waiver requests, the proposed television  radio station combinations will not have a significant adverse effect on either diversity or   /competition in any of the affected markets. According to Hicks, after consummation of the" ,-(-(ZZ"   proposed transaction, the DallasFort Worth market, which is ranked 8th in the country, will be   yserved, in the aggregate, by 54 independent voices, which includes 27 AM stations and 36 FM   Kstations licensed to 39 separate owners within the DallasFort Worth television metro market, and   19 television stations licensed to 17 separate owners within the DallasFort Worth DMA. Also   ?serving the market are 11 LPTV stations, 21 daily newspapers, six MDS and five MMDS   operators, and 41 cable operators with a cable penetration of 52%. In the number one ranked   yNew York market, where two of the six radio stations involved in the HartfordNew Haven/New   York combination are located, Hicks states that an aggregate 84 independent voices serve the   ymarket, with 120 radio stations licensed to 68 separate owners in the New York television metro   market, and 23 television stations licensed to 21 separate owners in the New York DMA. The   !New York market is also served by 18 LPTV stations, 37 daily newspapers, and 56 cable   operators with a cable penetration of 69%. According to Hicks, the HartfordNew Haven market,   which is ranked 27th in the country, includes 21 AM and 20 FM radio stations licensed to 25   separate owners within the Hartford and New Haven television metro markets and 11 television   =stations licensed to eight separate owners within the HartfordNew Haven DMA. This market   is also served by 11 LPTV stations, 13 daily newspapers, and 24 cable operators with a cable penetration of 86%.  Xb- Discussion   23. In evaluating a request for waiver of the onetoamarket rule, the Commission's goal is   y"to permit the public to benefit from such efficiencies of operation as may be achieved through   the use of common facilities and staff, consistent with the maintenance of diversity and vigorous  X-  competition within the market areas involved." Second Report and Order Recon., 4 FCC Rcd   >at 6491. We find that Hicks' showings in support of its requests for waiver of the onetoa  [market rule meet our casebycase criteria and, therefore, we conclude that grant of conditional   waivers would be consistent with the public interest and would not have an adverse effect on diversity and competition in the subject markets.  Xg-  124. With regard to the public service benefits of onetoamarket combinations, the   Commission will consider "public service benefits such as economies of scale, cost savings, and   <programming and service benefits." Here, Hicks has demonstrated that it will realize cost savings   /of $194,000 in the New HavenNew York area and approximately $254,000 to $264,000 in the   DallasFort Worth market. We also note that an aggregate amount of $750,000 annually in   administrative cost savings will result from Hicks' acquisition of LIN. These cost savings will   =provide the opportunity for enhanced programming and public service benefits in each market   Mwith Hicks enhancing its news operations at television stations KXASTV, Fort Worth and   WTNHTV, New Haven and making such news operations available to all of Hicks radio stations   in the relevant markets. In addition to providing the radio stations with access to live coverage   Lof local emergencies, audio feeds of news, and stateoftheart weather information, KXASTV   .and WTNHTV will also produce news programming for airing on Hicks radio stations. These   types of enhanced news operations are the type of "significant efficiencies" the Commission   anticipated from the joint ownership of radio and television stations in the same market. See  X%'-  Second Report and Order, 4 FCC Rcd at 1746. Further, these cost savings and economic"%' ,-(-(ZZ%"   efficiencies will also result in other public service benefits, through joint sponsorship and   promotion by the television and radio stations in each market of major community events and charitable causes.   25. As to the types of facilities involved in a radiotelevision combination, the Commission   jwill examine the potential impact on diversity and competition in the affected market. Although   the facilities comprising the proposed radiotelevision combinations are not insubstantial, we agree   with Hicks' assertion that the stations do not dominate their respective markets from a technical   standpoint. Further, as we have noted elsewhere, "as the level of diversity and competition in a   market increases, our concerns grounded in the technical strength of the combining facilities  X -  Mdecrease."  Louis C. DeArias, 11 FCC Rcd 3662, 3666 (1996). As discussed below, there are   .numerous competing stations in the markets affected by the combinations, representing many independent broadcast voices.   .26. In the DallasFort Worth market, the Hicks television stations are exposed to substantial   competition from eight other VHF stations with comparable facilities. As for radio stations   within the DallasFort Worth television metro market, five stations have facilities comparable or   superior to KSKYAM and 13 stations have facilities comparable to Hicks' FM stations. The   .markets involved in the common ownership of WTNHTV are each host to other stations with   comparable or superior facilities. There are three other television stations (two UHF and one   VHF) licensed to the New HavenHartford DMA with superior facilities. Turning to the radio   stations involved in the waiver request, only Putnam County stations WAXB(FM) and   {WPUT(AM), are located within a television metro market (New York). There are 62 radio   stations licensed to communities within the New York television metro market with technical   facilities comparable or superior to the those of WAXB(FM), and 39 stations with facilities   comparable or superior to those of WPUT(AM). Fairfield County radio stations WINE(AM),   WRKI(AM), WEFX(FM) and WNLK(AM) are not located in any television metro market. In   such a case, we count as market stations those radio stations that are licensed to communities in   <the counties where the radio stations at issue are licensed, or those stations that place a principal  Xg-  community contour over those counties. See James M. Ward, 10 FCC Rcd 8741, 8743 n.4  XR-  @(1995); Triad Skywaves, Inc., 12 FCC Rcd 6102, 6107 (MMB 1997). Finally, regarding   0Connecticut radio stations WINE(AM), WRKI(AM), WEFX(FM) and WNLK(AM), our   independent analysis indicates that for each station there are at least two, and for some stations   as many as 11, comparable and superior facilities licensed to communities within Fairfield County.  X -  27. Turning to other media interests, Hicks owns no other media outlets in any of the relevant   markets, but acknowledges that it will acquire LIN's existing television LMAs with KXTXTV,   kChannel 39, Dallas, Texas and WBNETV, Channel 59, New Haven, Connecticut. Under our   -current policy, television LMAs are not attributable to the brokering station, nor, taken alone, are  Xn$-  ythey considered a "meaningful" relationship within the scope of our crossinterest policy.  S.E.  XY%-  Licensee G.P., 11 FCC Rcd at 16732 (1996). Accordingly, we have not, and will not here, give  XD&-  significance to existing television LMAs when evaluating Hicks' onetoamarket waiver requests.    xWe caution, however, that our decision here in no way prejudges the issues in our ownership and"-' ,-(-(ZZ%"  X-  attribution proceedings.  Further Notice of Proposed Rulemaking, in MM Docket Nos. 94150,  X-  9251,and 87154, 11 FCC Rcd 19895, 1990811 (1996); and  Second Further Notice at 88.   yShould we establish final rules for attributing and grandfathering LMAs, we would also assess   jwhether the class of transactions involving radio, television and LMA interests, such as those   involved in this case, should be permitted to continue. Because this is a pending issue, we will   condition the onetoamarket waivers granted here on the ultimate result reached in the pending   rulemaking proceedings in attribution and television ownership concerning the significance and  Xc-  the grandfathering of television LMAs. See New City Communications, Inc., 12 FCC Rcd 3929,   3939 (1997). Again, any request to extend the sixmonth period being afforded Hicks should be filed at least 45 days prior to the end of that period.  X -  28. Hicks acknowledges that none of the stations involved in its waiver requests is in financial   distress. Nevertheless, the Commission has previously indicated that not all five factors need be  X -  =present to justify grant of a waiver.  See Second Report and Order Recon., 4 FCC Rcd at 6491;  X -  yGreat American Television and Radio Co., 4 FCC Rcd at 6349 (1989). In fact, a number of one  toamarket waivers have been granted where there was no finding that any of the stations were  X-  in financial distress. See, e.g. S.E. Licensee at 16734 (1996); Stockholders of Infinity  X-Broadcasting, 12 FCC Rcd 5012, 5052 (1996).  XY-  29. Finally, Hicks, which does not own any other media outlets in the relevant markets, has   shown that the proposed televisionradio station combinations will not create any undue   concentration of ownership or control of the broadcast media in the affected markets. The   \DallasFort Worth market, where KXASTV and KXTXTV b$uT   b$uT are located, will be served by 82   radio and television broadcast stations whose ownership represents 54 independent voices. Also   ?serving the market are 11 LPTV stations, 21 daily newspapers, six MDS and five MMDS   operators, and 41 cable operators with a cable penetration of 52%. The HartfordNew Haven   .market, where WTNHTV and WBNETV are located, will be served by 52 radio and television   ibroadcast stations whose ownership represents 31 independent voices. Turning to the New York   market, where two of the six radio stations involved in the HartfordNew Haven combination are   located, there are 143 radio and television broadcast stations whose ownership represents 84   \independent voices. Our independent analysis indicates that there will be 16 radio stations   licensed to 8 separate owners that are licensed to communities in Fairfield County, Connecticut,  X.-  lwhere four of the radio stations are located. See James M. Ward, 10 FCC Rcd at 8743 n.4  X-  L(1995); Triad Skywaves, Inc., 12 FCC Rcd at 6107 (MMB 1997).F Xd yO -  Kԍ We note that this count of radio voices serving Fairfield County is conservative because it does not include   Zstations licensed to surrounding counties in the New York and HartfordNew Haven DMAs that place a principal community contour over the county.F A wide variety of other media   also serve these markets. The HartfordNew Haven market is served by 11 LPTV stations, 13   [daily newspapers, and 24 cable operators with a cable penetration 86%. The New York market   ?is served by 18 LPTV stations, 37 daily newspapers, and 56 cable operators with a cable penetration of 69%. ""  ,-(-(ZZ!"Ԍ  30. With respect to economic concentration and competition, our independent analysis   indicates that the four radio stations that are the subject of the DallasFort Worth waiver request  X-  zgarner 2.5% of the local radio advertising revenues,S Xd yOK-  ԍ BIA Publications, Inc. estimates that 1996 radio station revenues in the DallasFort Worth market total $219.6   million. Revenues attributable to Hicks stations are as follows: KZPS(FM) $5.6 million, with no revenues reported for KSKY(AM), KDGE(FM), and KHKS(FM).S and television stations KXASTV and  X-  KXTXTV garner 23.7% of local television advertising revenues.z Xd yOT-  ԍ BIA Publications, Inc. estimates that 1996 revenues in the DallasFort Worth DMA total 464 million.   Revenues attributable to the Hicks' stations to be acquired from LIN, as well as the station it LMAs, are as follows: KXASTV $94 million; and KXTXTV (LMA) $16 million, for a total of $110 million.z These stations garner a  X-  combined television and radio advertising share of 16.9%.F Xd yO] -  ԍ Combined television and radio advertising revenues in the DallasFort Worth market are $683.6 million. Hicks   advertising revenues are 5.6 million from radio and 110 million from television (when counting the LMA station), for a total of $115.6 million.F We find these estimates to be  X-  consistent with other previously approved onetoamarket waiver requests.  See S.E. Licensee,  Xx-  !G.P. , 11 FCC Rcd 16727, 16734 (1996) (24.2% combined television and radio advertising  Xc-  shares); Houston H. Harte, et al., DA 971913 (released September 5, 1997) (14.32% combined   xtelevision and radio advertising shares). With respect to the HartfordNew Haven waiver request,   no combined radio and television advertising revenues are available. This particular situation is  X -  ysimilar to that in Stockholders of Infinity Broadcasting Corporation, 12 FCC Rcd at 5053, n 33.   [There the onetoamarket request involved a television station and a radio station in separate   DMAs and separate television metro markets. At that time, the Commission stated that no   combined radio and television advertising revenues were available because it was unable to   xdetermine the portion of the television station's revenues attributable to the radio station's market.   Similarly, because the radio stations that fall within the Grade A contour of WTNH are in a   ydifferent market, we cannot determine the combined radiotelevision advertising revenues. We   do note, however, that the stations are located in the New York area, the largest market in the country which enjoys robust competition.   [31. Based on the record before us, we conclude that the conditional onetoamarket waivers   requested by Hicks are warranted and will, on balance, serve the public interest. Grant of the   \requested waivers will result in significant cost savings, promote economic efficiencies and   \generate programming and public interest benefits in the affected markets. Furthermore, the markets involved in these waiver requests will continue to be both diverse and highly competitive.  X- CONTINUED SATELLITE AUTHORITY  X-   32. Hicks also seeks authority to continue operating station KXAMTV, Channel 14 (NBC),   Llano, Texas as a satellite of KXANTV, Channel 36 (NBC), Austin, Texas after the proposed   ytransfer of control. The Commission requires all applicants seeking to transfer existing satellite   stations and to continue those stations' satellite operation to demonstrate that the stations meet"? ( ,-(-(ZZ"  X-  -our satellite policy at the time of transfer of control. See Television Satellite Stations, 6 FCC Rcd  X-  y4212, 4215 (1991), on reconsideration Second Further Notice of Proposed Rulemaking in MM  X-  nDocket No. 878, 6 FCC Rcd 5010 (1991), on further reconsideration Review of the  X-  Commission's Regulations Governing Television Broadcasting, 10 FCC Rcd 3524 (1995).   Pursuant to the Commission's satellite policy, an applicant is entitled to a presumption that its   proposed satellite operation is in the public interest if it meets three criteria: (1) no City Grade   kcontour overlap exists between the parent and the satellite; (2) the proposed satellite would   [provide service to an underserved area; and (3) no alternative operator is ready and able either  XP-  to construct or to purchase and operate the satellite as a fullservice station. Id. at 4212. If an  X;-  [applicant cannot qualify for the presumption, we will evaluate the proposal on an ad hoc basis  X& -  to determine whether other compelling circumstances warrant grant of the application. Id. at   4214. The satellite operation here fails to meet one of the three presumptive criteria.   Nevertheless, as detailed below, we find compelling circumstances exist that warrant continued satellite authority.   33. The satellite proposal does not meet the first criteria of the presumption because the   stations' City Grade contours overlap. The City Grade overlap encompasses 1,409 square   {kilometers and a population of 12,291. This represents 13.3% of the area and 1.5% of the   population within the KXANTV City Grade contour and 18.5% of the area and 32% of the population within the KXAMTV City Grade contour.   34. With respect to the second criterion, Hicks has demonstrated that the area where satellite   station KXAMTV is located is underserved by applying the Commission's "transmission" test.   xThat test defines as "underserved" an area with two or fewer fullservice stations already licensed  X-  .to the community. d yO_-  ԍ We have also defined an "underserved" area in terms of a "reception" test, but that test is not material here.  {O'-See Television Satellite Stations, 6 FCC Rcd at 4215. As in its previous satellite authorizations, station KXAMTV remains the   only television station licensed to Llano, Texas. Moreover, KXAMTV continues to provide the   only Grade B television service for a significant portion of Llano County and several of its neighboring counties.   35. As to the third criterion to qualify for the presumption, an applicant must demonstrate that   jno alternative operator is ready and able to construct or to purchase and operate the proposed   zsatellite as a fullservice standalone station. Hicks has submitted a letter from Blackburn &   Company, Inc. (Blackburn), a media brokerage firm, which states that firm's opinion on the   current viability of a sale of station KXAMTV. According to Blackburn, no alternative operator   .would be interested in operating KXAMTV as a standalone station. Specifically, Blackburn   jbelieves the market area for KXAMTV is "far too small and too sparsely populated to support   <a fullservice television operation." Blackburn notes that Llano, the city of license of KXAMTV,   has a population of less than 5,000 people. Further, the entire county of Llano, which represents   the largest percentage of the station's coverage area, has a population of less than 15,000.   \Blackburn points out that the Grade B signal of KXAMTV fails to reach Austin, the city of"#" ,-(-(ZZe""   license of KXANTV, while its "fringe signal" covers just onefourth of the market area covered   by the five Austin television stations. Blackburn goes on to state that even if a prospective   xpurchaser wanted to establish a sixth Austin station covering only a portion of the Austin market,   =KXAMTV would not be the most attractive choice because an allotment remains available on   Channel 52, Blanco, Texas. Since Blanco is 30 miles from Austin, reasons Blackburn, an antenna   and transmitter located midway between the two cities would provide coverage better than that   of KXAMTV, whose community of license is 60 miles from Austin. Based on these conditions,   -Blackburn states that it would have "little or no interest" in listing KXAMTV for sale as a standalone station.   [36. Hicks also notes that even the pending conversion from analog to digital television does   not alter the conclusion that no market exists for KXAMTV as a standalone station. Prior to   Kthe closing date for vacant analog allotments, the Commission received hundreds of applications,   but none for the one remaining allotment for a channel within the Austin DMA, nor for any of   the available counties adjacent to Llano county. Thus, based on all of the information provided,   we believe that Hicks has adequately demonstrated the unlikelihood of finding an alternative  X-  -buyer ready and able to operate station KXAMTV on a standalone basis. See P.P.D. & G, Inc., 8 FCC Rcd 8229 (1993).   \37. Although the KXAMTV/KXANTV satellite proposal fails to meet the first criteria of   the presumptive standard, we believe "other compelling circumstances" warrant continued satellite   status of station KXAMTV. As we have stated in the past regarding satellite proposals that fall   >outside of our presumption, "the degree of departure from the presumptive criteria will also  X-  .influence our decision." Television Satellite Stations, 6 FCC Rcd at 4214. We believe that the   y"departure" from the presumptive criteria in this case is not so substantial as to outbalance the   =competing considerations favoring grant. Significantly, Station KXAMTV is the only station   zlicensed to Llano, Texas and is the only Grade B service to significant portions of Llana and   =other neighboring counties. We also find persuasive Blackburn's opinion that given the small   sparsely populated market area of KXAMTV, no alternative operator would be interested in   operating the station on a standalone basis. Accordingly, we find such compelling circumstances   Kwarrant continued satellite status and we conclude that the continued operation of KXAMTV as a satellite of KXANTV would be in the public interest.  X -H= CONCLUSIO N ă   N38. Having found the applicants qualified in all respects, we conclude that grant of the   applications to transfer control of LIN Television Corporation from A T & T Corporation to LIN Holdings Corporation will serve the public interest.   39. Accordingly, IT IS ORDERED, That the request for temporary waiver of the duopoly rule,   ySection 73.3555(b) of the Commissions Rules, to permit common ownership of stations WROC  TV, Rochester, New York and WIVBTV, Buffalo, New York IS GRANTED, subject to the   condition that, within six months from the consummation of this transaction, Hicks files an   application with the Commission to bring it into full compliance with Section 73.3555(b) of the"'' ,-(-(ZZ%" Commission's Rules.   .40. IT IS FURTHER ORDERED, That the requests for conditional waiver of the Commission's   jonetoamarket rule, Section 73.3555(c), to permit common ownership of the following stations   in the following markets: KXASTV, KSKY(AM), KZPS(FM), KDGE(FM), KHKS(FM), Dallas  |Fort Worth; WTNHTV, HartfordNew Haven; WINE(AM), WRKI(FM), WEFX(FM),   WNLK(FM), WAXB(FM) and WPUT(AM), New York, ARE GRANTED, subject to the  X_-  outcome of the Commission's pending television ownership rulemaking (Second Further Notice  XJ-  \of Proposed Rulemaking, in MM Docket Nos. 91221 and 878), and the pending broadcast  X5-  =attribution rulemaking (Further Notice of Proposed Rule Making, in MM Docket Nos. 94150,   L9251 & 87154). Should divestiture be required as a result of those proceedings, the licensees   are directed to file, within six months from the release of the final orders, an application for   Commission consent to dispose of such station(s) as would be necessary for them to come into compliance with the rules as provided in the final orders.   {41. IT IS FURTHER ORDERED, That the request for continued operation of KXAMTV,   Llano, Texas as a satellite of KXANTV, Austin, Texas, pursuant to the satellite exception to Section 73.3555 of the Commission's Rules, IS GRANTED.   42. IT IS FURTHER ORDERED, That the applications for consent to transfer control of LIN   Television Corporation from A T & T Corporation to LIN Holdings Corporation, File Nos.   BTCCT970910YAYI, BTCTT970910YJ, BTCTVL970910YK and BTCTTL970910YLYZ, ARE GRANTED.  X-  FEDERAL COMMUNICATIONS COMMISSION  Roy J. Stewart  Chief, Mass Media Bureau