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BAL980107EC, BALH980107ED,  X1-andx` `  hh@)hBAPLH980107EE  X -TPx` `  hh@)h  X -SFXTX, L.P.` `  hh@)  X -(Assignee)` `  hh@)hpp  xx 0 x` `  hh@)  X -For Assignment of Licenses ofhh@)  X -KVET(AM), KVETFM and KASEFM@)  X-Austin, Texas` `  hh@)  Xb-|  MEMORANDUM OPINION AND ORDER T  X4-TPX` hp x (#%'0*,.8135@8:t@B Adopted: May 26, 1998ppReleased: May 26, 1998   X-4L!T$&)\+- 0d247l9;>t@B4 <DL!T$&)\+- 0d24 By the Chief, Mass Media Bureau:  1. 1. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)x  X-  @x1. The Commission, by the Chief, Mass Media Bureau, acting pursuant to delegated  x.authority, has before it: (1) the above-captioned applications for assignment of the licenses of  x{KVET(AM), KVETFM and KASEFM, Austin, Texas from Butler Broadcasting Co., Ltd.  X- x ("Butler") to SFXTX, L.P. ("SFXTX");1 yO - xԍ The assignment application originally listed GulfStar Communications, Inc. ("GulfStar"), as the proposed  xassignee but pursuant to an amendment filed on April 3, 1998, the proposed assignee was changed to SFXTX. The  xamendment qualifies as a minor amendment because GulfStar and SFXTX are commonly owned and have virtually  x.identical officers and directors. Both GulfStar and SFXTX will be ultimately controlled by Thomas O. Hicks  x("Thomas Hicks") as a result of the authorized transfer of control of SFX Broadcasting, Inc. to SBI Holding Corp.  {O-See SFX Broadcasting, Inc., DA 98970, (MMB rel. May 21, 1998). and (2) a related request for permanent waiver of 47  xC.F.R.  73.3555(c), the Commission's onetoamarket rule, which restricts common radio and  Xe- x.television station ownership in the same market.o eB1 yOX"- xhЍ#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  yO$-encompasses the entire community of license of an AM or FM station. #x6X@K/X@#o The applications and the waiver request are  xunopposed. For the reasons set forth below, we grant the assignment applications and a"N* ,))ZZ"  X-temporary conditional waiver of our onetoamarket rule.~7 yOy- xZЍ The Commission has delegated to the Mass Media Bureau authority to act on uncontested onetoamarket  yOA- 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- x,Docket Nos. 91221 and 878, 11 FCC Rcd 21655, 21689 n.130 (1996) ("Second Further NPRM"). In the instant  xwaiver request, no new or novel issues are presented and the stations involved are located in the Austin Designated Market Area ("DMA"), which is ranked 60th in the country.   X-  x2. SFXTX is an indirect subsidiary of SFX Broadcasting, Inc. which is directly owned  X- x.100% by SBI Holdings Corp. ("SBI").'7 yOz - xԍ All entities are ultimately controlled by Thomas Hicks as a result of the authorized transfer of control of SFX  {OB -Broadcasting, Inc. to SBI Holding Corp. See SFX Broadcasting, Inc., DA 98970 (MMB rel. May 21, 1998).' SBI is indirectly owned 100% by Capstar Broadcasting  xCorp. an entity that is ultimately controlled by Thomas Hicks. In addition to the proposed  xKacquisition of the three Austin radio stations, Thomas Hicks through LIN Holdings Corp. ("LIN")  Xv- xultimately controls UHF station KXANTV, (NBC affiliate), Channel 36, Austin, Texas.vh 7 yO- x;ԍ The Commission granted consent to transfer control of LIN Television Corp., licensee of KXANTV, Austin,  xTexas, KXAMTV, Llano, Texas, and 7 other TV stations, from AT&T Corp. to LIN Holdings Corp. which, as stated  {O- xabove, is an entity ultimately controlled by Thomas Hicks. See AT&T Corp., DA 98242, (MMB rel. Mar. 2, 1998).  {O- xThe parties consummated that transaction on March 3, 1998. Additionally, in AT&T Corp., the Commission granted  xThomas Hicks authority to continue operating KXAMTV as a satellite of KXANTV pursuant to 47 C.F.R.   x73.3555, note 5 which exempts from application of the multiple ownership rules those television stations that are  {OC- x"satellite" operations. See Taft Broadcasting Company, 5 FCC Rcd 6988, 6911 (1990), recon. denied, 6 FCC Rcd  x 3744 (1991). Thomas Hicks' ownership of KXAMTV does not pertain to the instant onetoamarket waiver request  x,since the Grade A contour of KXAMTV in Llano does not encompass Austin, the city of license of the three radio stations SFXTX proposes to acquire.  xAdditionally, LIN brokers UHF station KNVA(TV) (WB affiliate), Channel 54, Austin, Texas, pursuant to a local marketing agreement ("LMA").  X -  ?x3. Thomas Hicks' brother R. Steven Hicks ("Steven Hicks") is president, chief executive  xofficer, and director of SBI, as well as the president, chief executive officer, director, and 2.259%  x{voting shareholder of its indirect parent Capstar Broadcasting Corp. Steven Hicks is the  xpermittee in his own name of a construction permit for a new FM radio station in Round Rock,  X - xTexas on Channel 290C2. 7 {Ou -ԍ See Elinor Lewis Stephens, FCC 98M33 in MM Docket No. 90608 (rel. Mar. 20, 1998). Steven Hicks is also the president of SFXTX, the proposed assignee  xof KVET(AM), KVETFM and KASEFM. Steven Hicks is not an officer, director or attributable stockholder in the licensee of KXANTV.  Xy-x ` `  Xb-  x4. Grant of the instant assignment application would create a new radiotelevision station  xcombination because the Grade A contour of KXANTV encompasses the entire communities of  xlicense of KVET(AM), KVETFM and KASEFM in Austin, Texas. SFXTX's proposed  xacquisition of these stations and Steven Hicks' ownership interest in the FM construction permit",-(-(ZZ"  xin Round Rock also implicate the radio local ownership rules. Consequently, SFXTX has  x=submitted a showing to demonstrate that its acquisition of KVET(AM), KVETFM and KASE xFM and Steven Hicks' ownership of the Round Rock FM construction permit comply with the  xradio local ownership rules. It has also requested a permanent onetoamarket rule waiver to  xpermit common ownership in the Austin, Texas DMA, the 60th largest, of one TV, one AM and two FM stations all in Austin.  V_-OnetoaMarket Waiver ShowingĐ XH-TP x  X1-  x5. SFXTX bases its request for the waiver of the onetoamarket rule on the standards  X - xadopted in the Second Report and Order in MM Docket No. 877, 4 FCC Rcd 1741 (1989)  X - x("Second Report and Order"), recon. granted in part and denied in part, 4 FCC Rcd 6489 (1989)  X - xi("Second Report and Order Recon."). Under these criteria, the Commission presumptively favors  xwaiver requests involving station combinations serving the top 25 markets where there are at least  xZ30 separately owned, operated, and controlled broadcast licensees or "voices" after the proposed  X - xcombination ("top 25 market/30 voice standard").%" 7 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  x{involving "failed" broadcast stations, that is, stations that have not been operating for a  xjsubstantial period of time or that are in bankruptcy proceedings. Otherwise, the requests must  Xh-be evaluated under a more rigorous casebycase approach. See 47 C.F.R.  73.3555, note 7.  X<-  x6. We shall review SFXTX's waiver request under the casebycase standard because  xAustin is the 60th largest DMA in the country and there is no claim that KVET(AM), KVETFM  x=or KASEFM 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  X- 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  X - xand Order Recon., 4 FCC Rcd at 6491. In support of its waiver request, SFXTX submits a showing which addresses each of the five factors."!,-(-(ZZ "Ԍ X-  ԙx7. Public Service Benefits of Joint Operation.  SFXTX contends that the proposed  xcombination of KVET(AM), KVETFM, KASEFM, and KXANTV would create operating  xefficiencies through staff and technical consolidations, joint advertising, and cross promotions,  xLthat would save up to $316,906 per year. Among the specific savings projected by SFXTX are  x<the approximately $207,714 in personnel savings resulting from the consolidation of programming  x>and administrative services. Additionally, SFXTX projects $47,334 in annual savings to be  x?derived from the radio stations shifting their television advertising to KXANTV and an  xadditional $21,400 annual savings in reduced television advertising costs derived from the radio  xstations' use of KXANTV's production facilities. Other cost savings include approximately  xL$11,358 per year from the utilization of one traffic airplane by the TV and radio stations instead  xof the maintenance of separate outside services for traffic coverage of special events throughout the year.  X -  x8. SFXTX plans to use a portion of the projected savings to enhance the news operations  xof KXANTV through increased staffing and additional equipment purchases. The improved  xnews operations of KXANTV will be made available to the radio stations, enabling the stations  xto provide comprehensive reporting of local, national, and international news without incurring  xthe expense of developing and maintaining its own news staff and facilities. The radio stations  x.will benefit from access to the audio feeds of KXANTV's news and weather bulletins and live  xcoverage of local emergencies, including stormrelated emergencies via fiber optic links to  xKXANTV's doppler radar for stateoftheart weather information. Additionally, the news  xKprogramming on the radio stations will be enhanced by radio simulcasting or delayed rebroadcast  x-of local political candidate debates covered by KXANTV. SFXTX also pledges to use projected  x\savings to upgrade the radio stations' equipment by purchasing and installing digital audio  xsystems. Additionally, SFXTX states that there will be a combined effort by the TV and radio  xistations to sponsor and promote community events including fund raising activities for charitable  xcauses. Lastly, the TV and radio stations will work together to improve their equal employment opportunities by sharing information on job openings, recruitment sources, and applicant referrals. x  Xg-  mx9. Types of Facilities. KVET(AM) is a Class B station that operates on 1300 kHz at 5  xkW effective radiated power ("ERP") daytime and at 1 kW ERP nighttime. SFXTX states that  xthere are two other Class B AM stations with comparable facilities and one other Class B AM  x=station with facilities superior to KVET(AM) in the Austin market. With regard to the two FM  xjstations SFXTX proposes to acquire, KVETFM is a Class C1 FM station that operates on 98.1  xMHz at 100 kw ERP from an antenna at 686 feet height above average terrain ("HAAT") while  x[KASEFM is a Class C FM station that operates on 100.7 MHz at 100 kW ERP from an antenna  x.at 1,191 feet HAAT. According to SFXTX, there are two stations with facilities comparable to  xKVETFM and four stations with superior facilities in the Austin market. As for technical  x<comparisons to KASEFM, there are two other stations with comparable facilities and one station  xwith superior facilities. With regard to television stations, KXANTV is a UHF station operating  xon Channel 36, as an NBC network affiliate, and is licensed to operate at 2000 kW ERP visual  xzfrom an antenna at 1,227 feet HAAT. SFXTX states that there are two other UHF television  xstations with comparable facilities and two stations with superior facilities, one of which is a VHF station. "'',-(-(ZZ%"Ԍ X-  ԙx 10. Other Media Outlets. In addition to the proposed combination, Thomas Hicks  x controls the licensees of the following low power TV stations in the Austin, Texas Market:  xLKHPMLP, San Marcos; KBVOLP, Austin; KHPLLP, La Grange; KHPGLP, Giddings; KHPX,  X-Georgetown, KHPZLP, Round Rock; KHPBLP, Bastrop.+7 yO6- xԍ These low power TV stations were acquired by Thomas Hicks through a transfer of control of LIN Television  {O-Corp. to LIN Holding Corp. See AT&T Corp., DA 98242, (MMB rel. Mar. 2, 1998); see also n. 5, supra.+  X-  >x 11. Economic Status.  SFXTX states that none of the stations in its proposed combination  xis in financial distress or is a failed station. However, SFXTX points out that the Commission  xhas granted numerous onetoamarket waiver requests even though there was no finding that any of the stations were in financial distress.  X -  x 12. Competition and Diversity in the Market. The final factor in SFXTX's showing is  x/the nature of the relevant market in light of the Commission's concerns about diversity and  xcompetition. SFXTX states that following the consummation of its proposed combination, there  xywill be 25 radio stations and 6 television stations licensed to 21 separate owners. Additionally,  X - xSFXTX states that there are 13 low power television stations and 29 cable operators reaching  x\66% of the total TV households. The market is also served by print media which includes 3  X-daily newspapers and 30 weekly newspapers. x Vh-65Discussion TP  X:-  x 13. Radio Ownership Rules.  We turn first to SFXTX's compliance with our local radio  xownership rules. 47 C.F.R. 73.3555(a)(1). Our analysis of the data SFXTX has submitted  X- xindicates that the radio market formed by the mutually overlapping contours of its proposed  xcommonly owned radio stations consists of 25 commercial radio stations. Under our rules, in  x.a radio market with 1529 commercial radio stations, a party may own, operate, or control up to  x[six commercial radio stations, not more than four of which are in the same service (AM or FM).  xSFXTX's proposed ownership of three commercial radio stations, one AM and two FM, and  xSFXTX president Steven Hicks' ownership of the FM Round Rock construction permit in this  X- xmarket complies with the numerical local ownership cap for radio stations.= Z"7 yOW- xԍ The proposed principal community contour of the new FM station in Round Rock overlaps with those of  {O- xKVET(AM), KVETFM, and KASEFM. See 47 C.F.R.  73.3555(a). All of the radio stations are attributable to Steven Hicks.= 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  xownership, SFXTX's acquisition of KVET(AM), KVETFM and KASEFM and Steven Hicks' ownership of the FM Round Rock construction permit would serve the public interest.  X-  x 14. Local Marketing Agreement. Before considering SFXTX's request for a waiver of  xthe onetoamarket rule, we must determine what weight, if any, we should accord SFXTX's  xexisting LMA with KNVA(TV) in assessing that request. Currently, television LMAs are not" D ,-(-(ZZ"  xattributable 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  xaccord significance to SFXTX's existing television LMA in evaluating its waiver request. We  xnote, however, that we have proposed to attribute television LMAs to the brokering station where  xthe stations involved are in the same market and the brokerage arrangement includes more than  X- x15 percent of the brokered station's weekly broadcast hours. Further Notice of Proposed  Xx- xRulemaking, MM Docket Nos. 94150, 9251 and 87154, 11 FCC Rcd 19895, 1990809 (1996).  x-Further, we have proposed that any LMA which would be attributable for duopoly rule purposes  xunder this approach "would also count in applying our other ownership rules, including, for  X5- xexample . . . the onetoamarket rule (or radiotelevision crossownership rule)." Id. (footnotes  xomitted). And, while we have proposed to grandfather those LMAs such as the LMA here  X - x<that were entered into prior to the November 5, 1996, adoption date of the Second Further Notice  X - xof Proposed Rulemaking, MM Docket Nos. 91221 and 878, 11 FCC Rcd 21655 (1996)  X - xN("Second Further NPR"), we have also indicated that we would "reserve the right . . . to  xiinvalidate an otherwise grandfathered LMA in circumstances that raise particular competition and  X - x[diversity concerns, such as those that might be presented in very small markets." Id. at 21693 x94. Our decision here in no way prejudges the resolution of LMA attribution in our pending  x/ownership and attribution proceedings. Thus, if we establish final rules for attributing and  xgrandfathering 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., 11 FCC Rcd 19689, 1969394 (1996); S.E. Licensee, G.P., 11 FCC Rcd at 16732. x  X-  x15. OnetoaMarket Waiver. We now turn to consideration of SFXTX's onetoamarket  X- x-waiver request. 7 yON- xhԍ The licensee of KXANTV is controlled by Thomas Hicks. Steven and his brother Thomas will together have  xcommon broadcast interests in the Austin market. Even if we were to consider Steven's interest in the Round Rock  xiFM permit for purposes of our onetoamarket waiver analysis because of the familial and business relationships of the brothers, a waiver in this instance would still be appropriate.  As to the first criterion, the potential public service benefits of joint ownership,  xthe Commission considers the public service benefits that could result from the proposed radio xtelevision combination, such as projected economies of scale, cost savings, program and service  X- x0benefits. Second Report and Order, 4 FCC Rcd at 1753. SFXTX has demonstrated that  xcombining the operations of KVET(AM), KVETFM, KASEFM and KXANTV will result in  x-substantial cost savings of up to $316,906 to be derived annually from the consolidation of staffs  xand technical operations, and cross promotions. With these projected savings, SFXTX plans to  xMimprove technology and equipment for KVET(AM), KVETFM and KASEFM. These cost  xsavings will also translate into public service and programming improvements. In this regard,  xKVET(AM), KVETFM and KASEFM will have access to the newsgathering and weather  xforecasting resources of KXANTV including the availability of the stateoftheart doppler radar  xvia fiber optic links. News and public information programming will also be enhanced on the  xZradio stations by simulcasting or delayed rebroadcast of local political candidate debates covered"! ,-(-(ZZ "  xby KXANTV. Additionally, there will be joint sponsorship and promotion of major community  xKevents and charitable causes as well as enhanced equal employment opportunities at the stations through collaborative efforts at information sharing and crossreferrals.  X-  x16.  With regard to the technical facilities of the proposed combination, the Commission's  x"concern with the types of facilities merging under the authority of a onetoamarket waiver  xreflects our interest in assessing the potential impact of a proposed combination of stations in a  xgiven market in order that we might predict and avoid any significant adverse effect on diversity  XH- x.or competition from too powerful a combination." Great American Television and Radio Co.,  X3- xInc., 4 FCC Rcd at 634950. Our independent analysis indicates that there are two other Class  xB AM stations that have technical facilities that are comparable to KVET(AM), a Class B AM  xstation, and one other Class B AM station with superior daytime facilities. Regarding the other  xtwo radio stations SFXTX proposes to acquire, there are three other Class C FM station with  xtechnical facilities that are comparable to KASEFM, and one other Class C1 FM station with  xtechnical facilities superior to KVETFM. With regard to TV stations, our independent analysis  xyindicates that there is one other UHF station, KNVATV, a WB affiliate, with technical facilities  X- xMthat are identical to KXANTV. X7 yO - xhԍ KXAN is the brokering station for KNVA. KXAN has an application for license to cover construction permit  xJto increase power to 5000 kW and antenna height to 1,227 which is identical to KNVA's technical facilities. These technical comparisons are based on KXAN's pending application for license to cover the construction permit.  In addition, SFXTX's UHF TV station KXANTV, an NBC  x=affiliate, competes with another UHF station that is an affiliate of ABC, and with a VHF station  xthat is an affiliate of FOX. Although the technical facilities of the stations involved are  xsignificant, we find that the proposed combination does not present issues of market dominance inconsistent with the public interest.  X!-x  X -  ox17. With respect to financial conditions, as stated earlier, none of the stations,  xKVET(AM), KVETFM and KASEFM, is a failed station nor has any demonstrated financial  xzdistress. However, we previously have indicated that not all five factors need be present to  X- x.justify grant of a waiver. Second Report and Order Recon., 4 FCC Rcd at 6491. We also have  xgranted a number of onetoamarket waivers where there was no finding that any of the stations  X- xwas in financial distress. See, e.g., DeArias, 11 FCC Rcd at 3662; Alta Gulf FM, Inc., FCC Rcd  X- xO7750, 7751 (1995); Henry Broadcasting Co., 11 FCC Rcd 1175 (1995); Atlantic Morris  Xo- xkBroadcasting, Inc., 10 FCC Rcd 9495 (1995); Secret Communications Ltd., 10 FCC Rcd 6874 (1995).  X,-  x18.  Regarding SFXTXs media holdings, we find that the proposed combination would  xynot create undue concentration of ownership and control in the Austin market, the 60th largest  X- x^DMA. "^7 yO$- xЍ As to the market definition within which to count the number of broadcast stations in the context of a oneto x;amarket 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  xJn.101. However, since Arbitron no longer compiles ADI data, we now accept showings using the Nielson TV Metro"& ,-(-('"  {O- xMarket to count the number of radio stations and the Nielsen TV DMA to count the number of TV stations. See  {OZ- xMedia/Communications Partners L.P., 10 FCC Rcd 8116 n.3 (1995). See also Further Notice of Proposed  {O$-Rulemaking, 10 FCC Rcd 3524, 3539 n.59 (1995). Our independent analysis indicates that there are at least 24 commercial and" ,-(-(ZZ"  X- xnoncommercial radio stations in the Nielson TV Metro Market, 20 of which are separately owned  X- x[(20 "voices").A X7 yO- xԍ SFXTX incorrectly counted KELG(AM) and KKLB(FM), both licensed to Elgin in Bastrop County which  xis outside of the Nielson TV Metro Market and omitted KFIT(AM) licensed to Sunset Valley in Travis County which is within the Nielson TV Metro Market.A There are also 7 commercial and noncommercial television stations, 6 of which  X- xare separately owned.i7 yO -ԍ As stated above, KXAMTV is operated as a satellite of KXANTV.i After the proposed transaction, these 31 stations would be operated by  X- x20 separate broadcast owners. Additionally, SFXTX states that there are several other media  X- x/outlets in the market, including 6 low power television stations, 3 daily newspapers, and 30  X- x\weekly newspapers. We also note that the cable penetration rate for the Austin market has  x\reached 66% of TV households. This level of diversity is consistent with the level we have  X_- xapproved in previous waiver requests. See, e.g., Friendship Broadcasting, LLC, DA 972139,  x(MMB rel. Oct. 6, 1997) (23 voices in 59th ranked market, 12 daily newspapers, 63.1% cable  X3- xpenetration); Sunnyside Communications, Inc., 12 FCC Rcd 24443 (MMB 1997) (27 voices in  X - xL50th ranked market, 4 newspapers, 65% cable penetration); Concrete River Associates, L.P., 12  xFCC Rcd 6614 (1997) (20 voices in 74th ranked market, two daily newspapers, 62.7% cable penetration). x  X -  ?x19. With respect to economic concentration and competition, our independent analysis  x.indicates that KXANTV garners 24.7% of television advertising revenue in the Austin DMA,  xand the three radio stations in SFXTX's proposed combination garner 23.7% of radio advertising  xyrevenues. Together, the stations in the proposed combination have a combined television and  Xf- xjradio advertising revenue share of 24.3%,f7 yO- xYЍ Advertising revenue data is obtained from BIA Publications, Inc.'s Radio Master Access and Television Master  yO}-Access data bases. #x6X@`7/X@# a figure consistent with revenue levels approved in  XO- x.other temporary, conditional onetoamarket waivers. See, e.g., REP WWBB G.P., 11 FCC Rcd  xat 1969596 (24.9% of combined TV and radio advertising in 46th ranked market where  xKtemporary, conditional onetoamarket waiver granted for combination consisting of one TV, two  X - xFM radio, and TV LMA); NewCity Communications, Inc., 12 FCC Rcd 3929, 3939, 394445  x(1997) (29% of combined TV and radio advertising revenues in 22nd ranked market where  xytemporary, conditional onetoamarket waiver granted for combination consisting of one TV, 2  X- xAM, 5 FM, and TV LMA); Shareholders of Citicasters, Inc., 11 FCC Rcd 19135, 1914546  x(1996) (32.3% of combined TV and radio advertising revenues in 29th ranked market where  xKtemporary, conditional onetoamarket waiver granted for combination consisting of one TV, two  xAM, and 4 FM; 21.3% of combined TV and radio advertising revenues in 15th ranked market  xwhere temporary, conditional onetoamarket waiver granted for combination consisting of one TV, one AM, and four FM).  XA-"A ,-(-(ZZ"Ԍ X-  1x20. Based on the record, we conclude that grant of a conditional waiver will result in  xZeconomic efficiencies and facilitate enhanced public interest programming without undue adverse effect on competition or diversity in the Austin market.  X-xT ă  X-  ORDERING CLAUSES ĐTPx  Xv-  x21. Accordingly, IT IS ORDERED, that the request for permanent waiver of the  xCommission's onetoamarket rule, 47 C.F.R. 73.3555(c), to permit common ownership of  xstations KXANTV, KVET(AM), KVETFM and KASEFM, all Austin, Texas, IS HEREBY DENIED.  X -  x22. IT IS FURTHER ORDERED, that a temporary waiver to permit common ownership  xjof stations KXANTV, KVET(AM), KVETFM and KASEFM, all Austin, Texas, IS GRANTED  xsubject to the outcome with respect to attributability and grandfathering of television LMAs in  X - xthe pending broadcast attribution proceeding, Further Notice of Proposed Rulemaking, MM  xDocket Nos. 94150, 9251 and 87154, 11 FCC Rcd 19895 (1996) and in the pending television  X- xbroadcast ownership rulemaking proceeding, Second Further Notice of Proposed Rulemaking,  x\MM Docket Nos. 91221 and 878, 11 FCC Rcd 21655 (1996). Should divestiture be required  xLas a result of those proceedings, SFXTX, L.P., is directed to file an application for Commission  xconsent to sell the necessary station(s) within six months from the release of the Orders in those  xproceedings. Should SFXTX, L.P. find it necessary to request an extension for any reason, it must make any such request no less than 45 days before the end of the divestiture period.  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 KVET(AM) (File No. BAL980107EC), KVETFM (File No. BALH980107ED), and  xKASEFM (File No. BAPLH980107EE), all Austin, Texas, from Butler Broadcasting Co., Ltd.  x!to SFXTX, L.P., ARE HEREBY GRANTED, subject to the condition that the transaction  X- xwhereby SFX Broadcasting, Inc., is merging into SBI Holding Corp., See SFX Broadcasting, Inc.,  xDA 98970, (MMB rel. May 21, 1998), is consummated prior to, or concurrently with, the instant transaction.  X-  FEDERAL COMMUNICATIONS COMMISSION x x` `  Roy J. Stewart x` `  Chief, Mass Media Bureau