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LidskyR )h (Transferor)R) R)  X-andR)hFile No. BTCCT980317IA  X-R)hpp  X - Cocola Media Corporation of Florida R) (Transferee)R) R) For Consent to the Transfer of Control ofR) Hispanic Broadcasting, Inc.R) Permittee of Television StationR) WPXP(TV), Lake Worth, FloridaR)  X-  MEMORANDUM OPINION AND ORDER TP  X-X` hp x (#%'0*,.8135@8:Stations (Multiple Ownership), 45 FCC 2d 1476, 1479 n.12, recon. granted in part, 3 RR 2d  x1554 (1964). To that end, the Commission has developed a set of factors to be considered when  x/evaluating an applicant's request for waiver of the duopoly rule, including the extent of the  xloverlap, the number of media voices available in the overlap area, the distinctness of the  xrespective markets, the independence of the stations' operations, and the concentration of  X - xeconomic power resulting from the combination. See Iowa State University Broadcasting  X - x>Corporation, 9 FCC Rcd 481, 48788 (1993), aff'd sub nom. Iowans for WOITV, Inc. v. FCC,  X - xM50 F.3d 1096 (D.C. Cir. 1995); H&C Communications, Inc., 9 FCC Rcd 144, 146 (1993). After  xweighing the factors, the Commission considers any public interest benefits proposed by the  xKapplicant to determine whether, in light of the overlap, the benefits outweigh any detriment which  Xt- x.may occur from grant of the waiver. See, e.g., Iowa State University, 9 FCC Rcd at 48788. As  xwith any waiver, it will only be granted if the Commission concludes that the waiver is in the  XH-public interest.   X1-   X-  ]x7. Currently, the Commission is reexamining its broadcast television ownership policies,  xNincluding the duopoly rule. In January 1995, the Commission proposed a new analytical  X- xframework within which to evaluate its broadcast television ownership rules. See Review of the  xCommission's Regulations Governing Television Broadcasting, Further Notice of Proposed Rule  X- xMaking, 10 FCC Rcd 3524 (1995) (Further Notice). Subsequent to the release of that Television  X- x?Ownership Further Notice, Congress directed the Commission to conduct a rulemaking  X- xproceeding to determine whether to retain, modify or eliminate existing limitations on the number  X- xjof television stations that an entity may control within the same television market.  See Section  x202(c) of the Telecommunications Act of 1996, Pub. L. No. 104104, 110 Stat. 56 (Feb. 8, 1996)  x-(Telecom Act). In response to this Congressional directive in the Telecom Act and to update the  X<- xrecord, the Commission released the Second Further Notice in its pending television ownership  X'- xjrulemaking proceeding. In that Second Further Notice, the Commission tentatively concluded  xto authorize common ownership of television stations that are in separate DMAs and whose Grade  X-A contours do not overlap.  Second Further Notice, 11 FCC Rcd at 21681.  X!-  x8. The Commission also stated in the Second Further Notice that it will be inclined,  xiduring the pendency of the television ownership proceeding, to grant temporary duopoly waivers  X#- xinvolving stations in different DMAs with no overlapping Grade A contours. It also noted there  xits tentative conclusion that the record in that proceeding "supports relaxation of the geographic  x\scope of the duopoly rule from its current Grade B overlap standard to a standard based on  X^&- xDMAs supplemented with a Grade A overlap criterion." Id. The Commission further stated that"^&,-(-(ZZ$"  X- x-"we do not believe granting waivers satisfying the proposed standard, and conditioning them on  xythe outcome of this proceeding, will adversely affect our competition and diversity goals in the  X- xinterim. Id. Additionally, the Commission gave the staff delegated authority to act on  X-applications seeking waivers consistent with this interim policy.   X-  x9. We believe that grant of a conditional waiver of the duopoly rule, subject to the  xoutcome of the pending ownership proceeding, is justified in this case. The temporary common  xownership of WPXP and WPXM would be consistent with the interim policy set forth in the  XJ- xTelevision Ownership Second Further Notice, as the stations are in separate DMAs and there is  x/no Grade A overlap between WPXP and WPXM. Moreover, our examination of the record  xpresented here reveals nothing suggesting that we should not follow the established interim policy  X - xin this case." V yO -  MԍxWe note that the land area and population overlaps herein are within the range that the Commission has  {OH - x,permitted in previously approved conditional waivers. See, e.g., Precht Communications, Inc., DA 98815 (MMB  xApril 29, 1998) (granting conditional waiver where Grade B area overlap was 22.4% and 19.5%, and population overlap was 12.3% and 9.5%). Accordingly, we conclude that grant of a temporary waiver, conditioned on the  xresolution of the pending broadcast television ownership rulemaking, will serve the public  xinterest, convenience and necessity. Any requests to extend this conditional waiver should be  x=filed at least 45 days prior to the end of the sixmonth period and would be closely scrutinized.  X-  lx 10. In view of the foregoing, and having determined that the applicants are qualified, we  X}-find that a grant of these applications will serve the public interest, convenience and necessity.   Xh-  XQ-  x 11. ACCORDINGLY, IT IS ORDERED, that the request for conditional waiver of  xkSection 73.3555(b) of the Commission's rules, to permit the common ownership of television  xstations WPXP(TV), Lake Worth, Florida, and WPXM(TV), Miami, Florida, IS GRANTED,  xsubject to the outcome of the Commission's pending broadcast ownership rulemaking in MM  xjDocket Nos. 91221 and 878. Should divestiture be required as a result of that proceeding, the  xlicensee is directed to file, within six months from the release of the final order in MM Docket  x<Nos. 91221 and 878, an application for Commission consent to dispose of such station as would  xzbe necessary for the licensee to come into compliance with the rules as provided in the final order.  X- ",-(-(ZZ"  X-  x 12. IT IS FURTHER ORDERED, that the application for transfer of control of Hispanic  x[Broadcasting, Inc., licensee of WPXP(TV), Lake Worth, Florida, from Betti D. Lidsky to Cocola  X-Media Corporation of Florida (File No. BTCCT980317IA) IS GRANTED. x x FEDERAL COMMUNICATIONS COMMISSION x Roy J. Stewart  X1-x Chief, Mass Media Bureau