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The Commission, by the Chief, Mass Media Bureau, acting pursuant to delegated  xauthority, has before it: (1) the above-captioned application for assignment of the licenses of  xKVNI(AM), Coeur d'Alene, Idaho and KHTQ(FM) Hayden, Idaho from North Idaho  x[Broadcasting Co. ("North Idaho") to QueenB Radio, Inc. ("QueenB"); and (2) a related request  xfor permanent waiver of 47 C.F.R.  73.3555(c), the Commission's onetoamarket rule, which  Xe- xrestricts common radio and television station ownership in the same market. e1 yO- xwЍ#]\  PCqP# #C\  P6QP#Section 73.3555(c) of the Commission's rules prohibits the common ownership of radio and television stations  x,in the same market if the 2 mV/m contour of an AM station or the 1 mV/m contour of an FM station encompasses  xYthe entire community of license of a television station or, conversely, if the Grade A contour of a television station  yO6-encompasses the entire community of license of an AM or FM station. #x6X@K/X@#і The application  x-and the waiver request are unopposed. For the reasons set forth below, we grant the assignment  X7-application and a conditional waiver of our onetoamarket rule.~71 yO"- xxЍ#X\  P6G;qP# #C\  P6QP#The Commission has delegated to the Mass Media Bureau authority to act on uncontested onetoamarket  yO`#- xiwaiver requests that involve stations in the top 100 television markets and that present no new or novel issues.   {O($- xLouis C. DeArias, Receiver, 11 FCC Rcd 3662, 3667 (1996) ("DeArias"); see also Review of the Commission's  {O$- x-Regulations Governing Television Broadcast Ownership, Second Further Notice of Proposed Rule Making, MM  {O%- xDocket Nos. 91221 and 878, 11 FCC Rcd 21655, 21689 n.130 (1996) ("Second Further NPRM"). No new or novel  xissues are presented and the stations involved are located in the Spokane Designated Market Area ("DMA"), which is ranked 73rd in the country.  "  ,))ZZ\"Ԍ X-  ?x2. QueenB is wholly owned by Spokane Television, Inc. ("Spokane Television"), which  xthrough its subsidiaries controls VHF television station KXLYTV (ABC affiliate), two FM  X- x/stations (KZZUFM and KXLYFM), and two AM stations (KTRW(AM) and KXLY(AM))  xKlicensed to Spokane, Washington, and one AM station KKPL(AM) licensed to Opportunity,  X- xkWashington.W7 yO- xЍ Specifically, KTRW(AM), KZZUFM, and KKPL(AM) are licensed to QueenB, and KXLY(AM) and KXLY xFM are licensed to Spokane Radio, Inc. Both QueenB and Spokane Radio are 100% owned by Spokane Television  xxwhich is also the licensee of KXLYTV. Spokane Television is wholly owned by Evening Telegram Company of  xZSuperior, Wisconsin, which does not own any other media interests, including newspaper holdings, in Spokane or  yO= -the surrounding areas. W In 1996, QueenB was granted a permanent onetoamarket waiver to acquire  xKTRW(AM) and KZZUFM Spokane, Washington, to be commonly owned by its parent  xcorporation, Spokane Television, with VHF station KXLYTV, KXLY(AM) and KXLYFM,  X_- x>Spokane. DeArias, 11 FCC Rcd at 3662. Subsequently, QueenB was granted a conditional,  xtemporary waiver to add another AM station, KKPL(AM), to this radio/television combination.  X3- xConcrete River Associates, L.P., DA 971067 (rel. May 23, 1997). The waiver is subject to the  xoutcome of the television ownership proceeding, in which the Commission is considering issues  X -related to radio/television crossownership. See infra  14.   X -x ` `   x3. Grant of the instant assignment application would create a new radiotelevision station  xcombination because the Grade A contour of KXLYTV encompasses the entire communities of  xzlicense of KVNI(AM) in Coeur d'Alene, Idaho and KHTQ(FM) in Hayden, Idaho. QueenB's  xproposed acquisition of these stations also implicates the radio local ownership rules.  xConsequently, QueenB has submitted a showing to demonstrate that its acquisition of KVNI(AM)  xand KHTQ(FM) complies with the radio local ownership rules and has requested a permanent  xzonetoamarket rule waiver to permit common ownership of one TV, three FM and four AM stations in the Spokane DMA, the 73rd largest.  V -OnetoaMarket Waiver ShowingĐ X-TP x   Ox4. QueenB bases its request on the onetoamarket waiver standards adopted in the  X- xSecond Report and Order in MM Docket No. 877, 4 FCC Rcd 1741 (1989) ("Second Report and  X- xOrder"), recon. granted in part and denied in part, 4 FCC Rcd 6489 (1989) ("Second Report and  X- xOrder Recon."). Under these criteria, the Commission presumptively favors waiver requests  xinvolving station combinations serving the top 25 markets where there are at least 30 separately  xowned, operated, and controlled broadcast licensees or "voices" after the proposed combination  XZ- x("top 25 market/30 voice standard").%"Zx7 yO"- xЍ Pursuant to the statutory directive "to extend its [onetoamarket] waiver policy to any of the top 50 markets,  xwconsistent with the public interest, convenience and necessity," under the Telecommunications Act of 1996, Pub. L.  xNo. 104104,  202(d), 110 Stat. 56 (1996), the Commission is considering a proposal to implement extension of  {O$-the waiver policy in the Second Further NPRM, 11 FCC Rcd at 21685.% The Commission also favors waiver requests involving  x"failed" broadcast stations, that is, stations that have not been operating for a substantial period  xof time or that are in bankruptcy proceedings. Otherwise, the requests must be evaluated under",b ,-(-(ZZ\"  X-a more rigorous casebycase approach. See 47 C.F.R.  73.3555, note 7.   x5. We shall review QueenB's waiver request under the casebycase standard because  x[Spokane is the 73rd largest DMA in the country and there is no claim that either KVNI(AM) or  xKHTQ(FM) is a "failed station," as defined by the Commission. Moreover, evaluation of the  xwaiver request under the casebycase standard is appropriate because the proposed transactions  xinvolve the common ownership of more than one sameservice radio station with a television  Xa- xstation. See Memorandum Opinion and Order, MM Docket 91140, 7 FCC Rcd 6387, 6394 n.  x140 (1992). Under the casebycase standard, the Commission makes a public interest  xdetermination based upon the following five criteria: (1) the potential public service benefits that  xkwill arise from the joint operation of the facilities involved, such as economies of scale, cost  xKsavings and programming and service benefits; (2) the types of facilities involved; (3) the number  xof media outlets owned by the applicant in the relevant market; (4) the financial difficulties of  xthe stations involved; and (5) the nature of the relevant market in light of the level of competition  X - xMand diversity after joint operation is implemented. Second Report and Order, 4 FCC Rcd at  x[175354. In enunciating the five factors to be considered under the case-by-case standard, the  xLCommission noted that not all five factors must be satisfied in each case, but rather the overall  X- xiconsideration of these factors must weigh in favor of granting the waiver request. Second Report  Xj- xand Order Recon., 4 FCC Rcd at 6491. In support of its waiver request, QueenB submits a showing which addresses each of the five factors.  X'-  "x6. Public Service Benefits of Joint Operation.  QueenB contends that the proposed  xlcombination of KVNI(AM) and KHTQ(FM) with KKPL(AM), KTRW(AM), KXLY(AM),  xKXLYFM, KZZUFM, and KXLYTV would create efficiencies that would save between  X- x$155,000 and $225,000 per year. Specifically, it states that consolidation of onair talent, sales  x{management, engineering, and clerical staffs would result in estimated annual savings of  xapproximately $155,000. Bulk discounts on services and supplies, such as long distance rates  xand Arbitron ratings, would save an estimated $5,000 to 15,000 per year. Combined purchasing  xzof advertising and promotional expenses would save approximately $5,000, consolidation of  xengineering facilities would save an additional estimated $5,000, and savings in other areas such as reduced corporate insurance rates are estimated between $15,000 and $45,000 per year.  XC-  X,-  x7. QueenB asserts that the communities of Coeur d'Alene and Hayden will benefit from  xthe economic efficiencies created by the proposed combination through improved programming  xand public service benefits. QueenB states that KVNI(AM) and KHTQ(FM) will have access to  xthe awardwinning news services of KXLYTV and QueenB radio stations for coverage of  xbreaking news, community events, weather and local traffic reports. Specifically, QueenB plans  xto expand local news coverage on both KNVI and KHTQ by adding two more hours of local  xnews during the week and by increasing news coverage on weekends. QueenB also plans to  xproduce a weekly talk show to be aired on KVNI that will be devoted to discussions of arts and  xentertainment events in the Coeur d'Alene area and a weekly newsmaker show to be aired on  xKHTQ that will address issues of public concern. Additionally, QueenB states that it is prepared  xto invest approximately $70,000 to upgrade the transmitting antenna of KHTQ to enable more listeners to receive an unobstructed signal."/',-(-(ZZ%"Ԍx  X-  x8. Types of Facilities. Regarding the two stations QueenB proposes to acquire,  xKVNI(AM) is a Class B station that operates on 1080 kHz at 10,000 watts daytime with a non x directional antenna and at 1,000 watts nighttime, while KHTQ(FM) is a Class C station that  xoperates on 94.5 MHz at 100,000 watts effective radiated power ("ERP") from a transmitter at  x1,883 feet height above average terrain ("HAAT"). Among the AM stations already controlled  x[by QueenB or through its related corporations, KKPL(AM) is a Class B station that is licensed  xat 630 kHz and operates at 1,000 watts daytime, 540 watts nighttime; KTRW(AM) is a Class B  xstation and operates on 970 kHz at 5000 watts, using a nondirectional antenna daytime, and  xkoperates at 1000 watts during nighttime directional operations; and KXLY(AM) is a Class B  x/station, operating full time at 5000 watts both day and nighttime on 920 kHz utilizing a non xdirectional antenna. With regard to the FM stations, KXLYFM is a Class C station operating  xon 99.9 MHz with 37,000 watts effective radiated power ("ERP") from a transmitter at 2999 feet  xHAAT; and KZZUFM is a Class C station operating on 92.9 MHz with an ERP of 81,000 watts  xfrom a transmitter at 2,080 feet HAAT. Lastly, KXLYTV, is a VHF station operating on  xyChannel 4 as an ABC network affiliate, and operates at 48,000 watts visual and 9550 watts aural power from a transmitter at 3061 feet HAAT.  Xd-  ?x9. QueenB acknowledges that its commonly owned stations are not insignificant from a  xtechnical standpoint but contends that there are other stations in the market with comparable  xfacilities. Specifically, QueenB asserts that eight other AM stations have facilities that equal or  xsurpass QueenB's most powerful station, KXLY(AM), in daytime operations, and three equal  xKXLY's facilities for nighttime operation. QueenB also claims that among the other FM stations  xserving the Spokane market, seven are Class C stations, operating at the maximum permissible  X- xpower limit for a Class C channel. With respect to television stations serving the market,  X- x\QueenB contends that there are six other VHF (three commercial and three noncommercial)  X- xMstations in the Spokane DMA, as well as three UHF stations (two commercial and one noncommercial).  V~-  Xg-  x 10. Other Media Outlets. As noted, Spokane Television, the parent corporation of both  x-QueenB and Spokane Radio, Inc., owns and operates KXLYTV, Spokane, Washington. QueenB  xowns KTRW(AM) and KZZUFM, an AMFM combination also in Spokane and KKPL(AM) in  xOpportunity, Washington. Spokane Radio, Inc., owns KXLY AM/FM, an AM/FM combination  xylicensed to Spokane. Neither QueenB nor its related corporations own other broadcast or print interests operating in the Spokane market.  X -  ?x#XP\  P6Q DXP# 11. #o\  PC2XP##XP\  P6Q DXP#Economic Status.  QueenB states that although KVNI(AM) and KHTQ(FM) are not  xfailed stations, they are financially distressed stations which have produced a tenyear negative  xaggregate cash flow. As a result, there have been no significant investments in technology or  x/equipment for either station. However, with the creation of a larger economic base from the  xintegration of KVNI/KHTQ with the QueenB/Spokane Radio stations, QueenB contends that such investments can be made in order to compete more successfully in the Spokane market.  X)'-  x 12. Competition and Diversity in the Market. The final factor in QueenB's showing is")',-(-(ZZ%"  x/the nature of the relevant market in light of the Commission's concerns about diversity and  X- xcompetition. QueenB states that there are a total of 33 radio stations in the Spokane market and  X- x 14 separate owners. QueenB also states that there are nine fullpower commercial television  xstations including KXLYTV in the Spokane DMA, controlled by seven separate owners.  xQueenB asserts that, after the acquisition of KVNI/KHTQ, these 42 stations would be operated  X- xby 20 separate broadcast owners. Additionally, QueenB states that there are 24 low power  Xv- xtelevision stations, a wireless cable system, two daily newspapers, two weekly newspapers, and  X_-one biweekly newspaper. x V1-65Discussion TP  X -  x 13. Radio Ownership Rules.  We turn first to QueenB's compliance with our local radio  xownership rules. 47 C.F.R. 73.3555(a)(1). Our analysis of the data QueenB has submitted  X - xindicates that the radio market formed by the mutually overlapping contours of its proposed  xcommonly owned radio stations consists of 40 commercial radio stations. Under our rules, in  xa radio market with 30 44 commercial radio stations, a party may own, operate, or control up  xto seven commercial radio stations, not more than four of which are in the same service (AM or  xFM). QueenB's proposed ownership of seven commercial radio stations, three FM and four AM,  xin this market complies with the numerical local ownership cap for radio stations. Moreover, our  xreview of the record in this case reveals no other circumstances that would preclude grant of the  x\applications under the radio ownership rules. We conclude that, with respect to local radio ownership, QueenB's acquisition of KVNI(AM), and KHTQ(FM) would serve the public interest. x($p 14.(  X-  x 14. OnetoaMarket Waiver. Turning to the substance of QueenB's onetoamarket  xMwaiver request, we will follow the policy established in recent onetoamarket waiver cases  x\where the radio component to a proposed combination exceeds those permitted prior to the  X- xadoption of the Telecommunications Act of 1996. See Maximum Media, Inc., 12 FCC Rcd 3391,  X- x339596 (1997); see also S.E. Licensee G.P., 11 FCC Rcd, 16727, 1673233 (1996); Shareholders  X- xof Citicasters, Inc., 11 FCC Rcd 19135, 19143 (1996). In such cases, the Commission declined  xyto grant permanent waivers of the onetoamarket rule, and instead where appropriate, granted  xtemporary waivers conditioned on the outcome of related issues raised in the television ownership  XA- xrulemaking proceeding. Second Further NPRM, 11 FCC Rcd at 21689. Similarly, we conclude  x=that a permanent, unconditional waiver would not be appropriate here. QueenB has, however,  xdemonstrated sufficient grounds for us to grant a temporary waiver conditioned on the outcome of the rulemaking proceeding.  X -  x15. As to the first criterion, the potential public service benefits of joint ownership, the  xCommission considers the public service benefits that could result from the proposed radio xtelevision combination, such as projected economies of scale, cost savings and program and  X#- xservice benefits. Second Report and Order, 4 FCC Rcd at 1753. QueenB has demonstrated that  xcombining KVNI(AM) and KHTQ(FM) with its existing stations will result in substantial cost  xsavings in the range of $150,000 to $225,000 annually. These cost savings will translate into  xypublic service and programming improvements. In this regard, KVNI(AM) and KHTQ(FM) will  xhave access to the newsgathering and weather forecasting resources of KXLYTV. Specifically,"1',-(-(ZZ%"  xKQueenB plans to expand local news coverage on both stations for an additional two hours during  xweekday afternoons and increase news coverage on weekends. Additionally, public service  x=programming and community service initiatives on the stations will be augmented through the  xdevelopment of a weekly talk show on KVNI and weekly newsmaker show on KHTQ for  x-discussions of local arts, entertainment events and issues of public concern. Lastly, QueenB will be able to increase its investment in technology and equipment for KVNI(AM) and KHTQ(FM).  X_-  ]x16.  While QueenB's commonly owned facilities will be significant in technical terms, our  xindependent analysis verifies that there are competing stations with comparable facilities  xincluding at least two other group owners with existing multiple AMFM combinations. The  xCommission's "concern with the types of facilities merging under the authority of a onetoa xjmarket waiver reflects our interest in assessing the potential impact of a proposed combination  xof stations in a given market in order that we might predict and avoid any significant adverse  X - xeffect on diversity or competition from too powerful a combination." Great American Television  X - x[and Radio Co., Inc., 4 FCC Rcd at 634950. All three of the FM stations in QueenB's proposed  xcombination are Class C stations, and our analysis shows that there are at least six additional  xzClass C stations in the Spokane TV metro market. At least two of these Class C stations are  xZtechnically comparable to KHTQ(FM), the most powerful FM in QueenB's proposed combination.  xWith regard to the four AM stations in QueenB's proposed combination, there are at least three  xadditional AM stations in the Spokane TV metro market with facilities that are technically  x comparable to QueenB's most powerful AM station KXLY. Our independent analysis also  xindicates that aside from QueenB's KXLYTV, there are six other VHF stations and three UHF  xstations in the Spokane DMA. At least two of these VHF stations, KREMTV, a CBS affiliate,  xand KHQTV, an NBC affiliate, have technical facilities that are comparable to those of KXLYTV, an ABC affiliate.  X-x   x17. With respect to financial conditions, as stated earlier, neither KVNI(AM) nor  x-KHTQ(FM) is a failed station nor has it demonstrated financial distress. However, we previously  X- x/have indicated that not all five factors need be present to justify grant of a waiver. Second  Xk- x>Report and Order Recon., 4 FCC Rcd at 6491. We also have granted a number of onetoa xmarket waivers where there was no finding that any of the stations were in financial distress.  X?- xSee, e.g., DeArias, 11 FCC Rcd at 3662; Alta Gulf FM, Inc., FCC Rcd 7750, 7751 (1995); Henry  X*- xBroadcasting Co., 11 FCC Rcd 1175 (1995); Atlantic Morris Broadcasting, Inc., 10 FCC Rcd  X-9495 (1995); Secret Communications Ltd., 10 FCC Rcd 6874 (1995).  X-  0x18.  Regarding QueenBs media holdings, we find that the proposed combination would  xnot create undue concentration of ownership and control in the Spokane market, the 73rd largest  X!- xDMA.!7 yO4$- xЍ #]\  PCqP##C\  P6QP#As to the market definition within which to count the number of broadcast stations in the context of a onetoa xmarket waiver, the Commission considers "the relevant TV metro market for radio stations and the relevant ADI  {O%- x-[Arbitron Area of Dominant Influence] TV market for TV stations." Second Report and Order at 1760 n.101.  {O&- x[However, since Arbitron no longer compiles ADI data, we now accept showings using the Nielsen DMA. See  {OX'- xMedia/Communications Partners L.P., 10 FCC Rcd 8116 n.3 (1995). See also Further Notice of Proposed"X',-(-('"  {O-Rulemaking, 10 FCC Rcd 3524, 3539 n.59 (1995). We have verified that there are 33 radio stations in the Spokane TV metro market"!Z,-(-(ZZ "  xklicensed to 16 separate owners. There are also 10 commercial and noncommercial television  x.stations including KXLYTV in the Spokane DMA controlled by 9 separate owners. After the  X- xproposed transaction, these 43 stations would be operated by 23 separate broadcast owners.  xAdditionally, QueenB states that there are several other media outlets in the market, including  X- x 24 low power television stations, a wireless cable system, two daily newspapers, two weekly  X- xnewspapers, and one biweekly newspaper. We also note that the cable penetration rate for the  x.Spokane market has reached 62% of TV households. This level of diversity is consistent with  X_- x-the level we have approved in previous waiver requests. See, e.g., Paso Del Norte Broadcasting  XJ- xCorp., DA 971147 (rel. June 2, 1997) (20 "voices" in 99th ranked market); Triad Skywaves, Inc.,  X5- xz12 FCC Rcd 6102 (1997) (22 "voices" in 46th ranked market); Moosey Communications, Inc., 8 FCC Rcd 5247 (1993) (24 "voices" in 141st ranked market). x  X -  ?x19. With respect to economic concentration and competition, our independent analysis  xindicates that KXLYTV garners 27.9 percent of television advertising revenues in the Spokane  xDMA. QueenB's existing radio stations garner 21.1 percent of radio advertising revenues. The  x\acquisition of KVNI and KHTQ will add 2.4 percent to QueenB's existing share for a total of  x23.5 percent of radio advertising revenues in the Spokane Radio Metro Market. Together, the  xstations in the proposed combination have a combined television and radio advertising revenue  Xh- xshare of 26.8 percent ,ThZ7 yOs- xJЍ#X\  P6G;qP# #C\  P6QP#Advertising revenue data is obtained from BIA Publications, Inc.'s Radio Master Access and Television Master  yO;-Access data bases. #x6X@`7/X@#T a figure consistent with temporary onetoamarket waiver requests  XQ- xpreviously approved. See Paxson Communications Corp., DA 972443 (MMB Nov. 21, 1997)  x(33.3 percent of radio advertising revenue and 20.4 percent of combined television and radio  xyadvertising revenues in 61st ranked market); Triathlon Broadcasting of Little Rock, DA 971979  x(rel. Sept. 16, 1997) (44.02 percent of radio advertising revenue and 24.97 percent of combined  X- xZtelevision and radio advertising revenues in 57th ranked market); NewCity Communications, Inc.,  x12 FCC Rcd 3929 (1997) (32 percent of radio advertising revenue and 29 percent of combined  X- xtelevision and radio advertising revenues in 22nd ranked market); S.E. Licensee G.P., 11 FCC  xRcd 16727, 16734 (1996) (40.4 percent of radio advertising revenue and 24.2 percent of combined television and radio advertising revenues in 42nd ranked market).  Xq-  x20. We conclude, based on the record, that grant of a temporary, conditional waiver is  x/appropriate. Grant of the waiver will result in economic efficiencies and facilitate enhanced  xpublic interest programming without undue effect on competition or diversity in the Spokane market.  X- Ordering Clauses ă  X -  @x21. Accordingly, IT IS ORDERED that the original request for a permanent waiver of the Commission's onetoamarket rule, 47 C.F.R. 73.3555(c), IS HEREBY DENIED. "!,-(-(ZZ "Ԍ X-  "ԙx22. IT IS FURTHER ORDERED, that a temporary conditional waiver of the onetoa xmarket rule, 47 C.F.R. 73.3555(c), to permit common ownership of stations KXLYTV, KZZU xFM, KXLYFM, KXLY(AM), KTRW(AM), all Spokane, Washington; KKPL(AM), Opportunity,  xWashington; KVNI(AM), Coeur d'Alene, Idaho; and KHTQ(FM), Hayden, Idaho, IS HEREBY  xGRANTED, subject to the outcome in the pending television ownership rulemaking proceeding,  V- xReview of the Commission's Regulations Governing Television Broadcast Ownership, Second  Xv- xFurther Notice of Proposed Rulemaking, MM Docket Nos. 91221 & 878, 11 FCC Rcd 21655  Xa- xL(1996). Should divestiture be required as a result of that proceeding, QueenB is directed to file  XJ- xan application for Commission consent to sell the necessary station(s) within six months from  X3-the release of the final Order in that proceeding.  X -  @x23. IT IS FURTHER ORDERED, that, having found the applicants fully qualified and  x\that grant of the applications would serve the public interest, the applications to assign the  xlicenses of KVNI(AM), Coeur d'Alene, Idaho and KHTQ(FM) Hayden, Idaho from North Idaho  x.Broadcasting Co. to QueenB Radio, Inc. (File Nos. BAL970801EA and BALH970801EB) ARE HEREBY GRANTED.  Xd-  FEDERAL COMMUNICATIONS COMMISSION x x` `  Roy J. Stewart x` `  Chief, Mass Media Bureau