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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^.=K\\!==\g.=.3\\\\\\\\\\33gggQzzpf=Gpfzfpp=3=V\=Q\Q\Q=\\33\3\\\\=G3\\\\QX%Xc.====IK=\\QQQQQzzQpQpQpQpQ=3=3=3=3\\\\\\\\\\Q\\\\\f\\QQzQzQzQpQpQpQ\\\\\\I\=\===\G\p3pK\\\z=zKfGfGN@.S\=Q\\\\\39\7\7==QQ\==\\=Q=7t=eeeegoo.Ijg2Z\\yeCpj`vZefeloPpPj`e~~tro.=K\\!==\g.=.3\\\\\\\\\\33gggQzzpf=Gpfzfpp=3=V\=Q\Q\Q=\\33\3\\\\=G3\\\\QX%Xc=\Q\\=f===QQ@\=G=.=\\\\%\=3\g=\Ie77=jS.=79\Qzpppp====gf\QQQQQQzQQQQQ3333\\\\\\\e\\\\\\\"5@^.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=j\=\fQfQ=\f3=f3f\ffQG=f\\\QH(H_.====IK=\f\\\\\QzQzQzQzQG3G3G3G3f\\\\ffff\\f\\\\pf\\\QQQzQzQzQ\\\\ffIfGfG=Gf\fz3zKff\QQfGfGN@.c\=\\\\\\7<\7\7==\\\==\\=\=7t=eeeeioo.Iji2Z\\yeCpj`vZefeloPpPj`e~~tro.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=j\=\fQfQ=\f3=f3f\ffQG=f\\\QH(H_=\\\\=f===\\@\=G=.=\\\\(\=7\i=\Ie77=jc.=7<\\zzzzGGGGipf\\\\\\QQQQQ3333\f\\\\\e\ffff\f"5@^%-77\V%%7>%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155<%%%%,-%77O1O1O1O1O1bII1C1C1C1C1%%%%O7O7O7O7O7O7O7O7O7O7O1O7O7O7O7O7=7O7O1O1I1I1I1C1C1C1O7O7OO7O7O7O7,7%7%%%7+O7CC-O7O7O7bOI%I-=+=+N&27%177777"SS7!TT7S!%%117n%%77ln%1n%!t%<<<<>mBBs,?>[N6Wms[77UUUH_%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155%T7,OOOOOO=7111111I111117777777<777777729@n,@/@2\.6"5@^!)22SN!!28!2222222222888,\HCCH=8HH!'H=YHH8HC8=HH^HH=!!/2!,2,2,!222N2222!'22H22,006!!!!()!22H,H,H,H,H,YCC,=,=,=,=,!!!!H2H2H2H2H2H2H2H2H2H2H,H2H2H2H2H282H2H,H,C,C,C,=,=,=,H2H2HH2H2H2H2(2!2!!!2'H2==)H2H2H2YHC!C)8'8'N#-2!,22222KK2LL2K!!,,2d!!22bd!,d!t!77778c<request for waiverOX  yOh-  Kԍ Sinclair does not specify whether it requests a permanent or a temporary waiver. We consider Sinclair for a   temporary waiver because of its management agreement with a second television station, as discussed further in para.  yO-13, infra.O of 47 C.F.R. 73.3555(c), the Commission's one-to-a-market rule, which restricts  S-  \common radio and television station ownership in the same market.   yOU-  ;ԍ Section 73.3555(c) of the Commission's rules prohibits the common ownership of radio and television stations   ,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   Ythe entire community of license of a television station or, conversely, if the Grade A contour of a television station encompasses the entire community of license of an AM or FM station.  The applications and the waiver   request are unopposed. For the reasons set forth below, we grant the assignment applications along with  Sg-  a temporary, conditional waiver of our one-to-a-market rule.&@g  yO -  ԍThe Commission has delegated to the Mass Media Bureau authority to act on uncontested onetoamarket  yO -  iwaiver requests that involve stations in the top 100 television markets and that present no new or novel issues.   yOg -  Louis C. DeArias, Receiver, 11 FCC Rcd 3662, 3667 (1996) ("DeArias"); see also Review of the Commission's  yO/-  Regulations Governing Television Broadcast Ownership, Second Further Notice of Proposed Rulemaking, MM  yO-  Docket Nos. 91221 and 878, FCC 96438, slip op. at 35 and n. 130 (released November 7, 1996) ("Second Further  yO-  ZNotice of Proposed Rulemaking"). No new or novel issues are presented and the stations involved are located in   -the GreenvilleSpartanburg, S.C. Asheville, N.C. Anderson, S.C. designated market area, which is ranked 35th in the country. & We also grant the application to assign the  S4-license for the FM translator station W249AR.  S-G Background ĐlU  2. Sinclair, which is applying here to acquire five radio stations, is a subsidiary of Sinclair   LBroadcast Group, Inc. ("SBG"). WLOS Licensee, Inc., Sinclair's sister corporation and also a subsidiary   yof SBG, is the licensee of VHF television station WLOS(TV) (ABC affiliate), Asheville, North Carolina.   MGrant of the instant assignment applications would create a new radio-television station combination   lbecause the Grade A contour of WLOS(TV) entirely encompasses Greenville, South Carolina, the   community of license of WYRD(AM) and WFBCFM, and the predicted 1 mV/m contour of WSPAFM,   Spartanburg, South Carolina, completely encompasses Asheville, the community of license of WLOS(TV).   Accordingly, Sinclair requests a waiver of the Commission's rules to permit common ownership of   jWLOS(TV), WYRD(AM), WFBCFM, and WSPAFM. The Grade A contour of WLOS(TV) does not   encompass Spartanburg, South Carolina, the community of license of WSPA(AM) and WORD(AM). Nor   do the 2 mV/m contours of those stations encompass Asheville, North Carolina, WLOS(TV)'s community   of license. Therefore, a waiver of our onetoamarket rule would not be required and is not requested   for WORD(AM) and WSPA(AM). If Sinclair is permitted to acquire WFBCFM, WSPAFM,   WSPA(AM), WYRD(AM), and WORD(AM), SBG will control one TV, two FM and three AM stations   in the GreenvilleSpartanburg, S.C. Asheville, N.C. Anderson, S.C. Designated Market Area ("DMA"),   the 35th largest DMA in the country. Sinclair also proposes to acquire FM translator station W249AR,  S8-  |Asheville, North Carolina, which rebroadcasts the signal of WSPAFM. Additionally, Sinclair   Broadcasting Group also has a local management agreement (LMA) with WFBCTV, an independent UHF station in Anderson, South Carolina.  Sl- 3. Sinclair bases its waiver request on the one-to-a-market waiver standards adopted in Second  S9-  Report and Order, Amendment of Section 73.3555 of the Commission's Rules, the Broadcast Multiple  S-  Ownership Rules, 4 FCC Rcd 1741 (1989) ("Second Report and Order"); recon. granted in part and",l(l(,,"  S-  denied in part, 4 FCC Rcd 6489 (1989) ("Second Report and Order Recon."). Under these standards, the   Commission presumes that waiver of the rule will serve the public interest in cases involving television and radio station combinations in the top 25 markets where at least 30 separately owned, operated and  Sg-  ycontrolled broadcast licensees, or "voices," would remain after the proposed combination. Second Report  S4-  [and Order, 4 FCC Rcd at 1751-52. The Commission also presumes that the public will be served by the  S-  acquisition of "failed" stations, i.e., stations that have not been operating for a substantial period of time,   or that are involved in bankruptcy proceedings. 47 C.F.R. 73.3555, n.7(2). Other waiver requests are  S-evaluated using more rigorous case-by-case criteria, also set forth in the Second Report and Order.  S5-  4. Sinclair submits a specific factual showing pursuant to the "case-by-case" standard outlined  S-  kin the Second Report and Order. We will consider the waiver request under this standard because the   DMA implicated here is the 35th largest in the country and there is no claim that any of the radio stations   to be acquired is a "failed station," as defined by the Commission. Moreover, evaluation of the waiver   zrequest under the casebycase standard is appropriate because the proposed transactions involve the  S6 -  Ocommon ownership of more than one sameservice radio station with a television station. See  S -  Memorandum Opinion and Order, MM Docket 91140, 7 FCC Rcd 6387, 6394 n. 40 (1992); see also  S -  Moosey Communications, Inc., 8 FCC Rcd 5247 (1993). Under the casebycase standard, we make a   public interest determination based upon the following criteria: (1) the potential public service benefits of   jjoint operation of the facilities, such as the economies of scale, cost savings and programming and service   benefits; (2) the types of facilities involved; (3) the number of media outlets owned by the applicant in   the relevant market; (4) the financial difficulties of the stations involved; and (5) the nature of the relevant  S-  [market in light of the level of competition and diversity after the joint operation is implemented. Second  S-  Report and Order, 4 FCC Rcd at 1753-54. We note that not all five of the case-by-case factors are  Sk-  necessarily relevant in each case. Second Report and Order Recon., 4 FCC Rcd at 6491. Sinclair submits a showing that addresses each of the criteria.  S-:[ Waiver Showing ĐlU  Sl- 5.  Public Service Benefits of Joint Operation.  Sinclair contends that the proposed combination   of WLOS(TV), WFBCFM, WSPAFM and WYRD(AM), as well as the inclusion of WSPA(AM) and   !WORD(AM) in the combination, would result in significant cost savings due to centralization of   management and accounting, purchasing efficiencies and crosspromotion of stations. Although a oneto  .amarket waiver is not necessary with respect to WORD(AM) and WSPA(AM), Sinclair included them   in this analysis because they will be jointly operated with the stations that do require a onetoamarket   =waiver. Sinclair estimates savings of $85,000 from its proposed common ownership and joint operation   of WLOS(TV) and WSPA(AM) and WSPAFM, the radio stations it seeks to acquire in the first of its   two assignment applications. Sinclair estimates that approximately $50,000 will be saved on promotional   expenses, an estimated $25,000 will be saved by centralizing management and accounting staffs, and   .approximately $10,000 will be saved through purchasing efficiencies. With respect to the radio stations   jSinclair seeks to acquire in the second of its two assignment applications, WYRD(AM), WFBCFM and   WORD(AM), Sinclair estimates savings of $80,000 from their proposed joint operation with WLOS(TV).   [Sinclair states that approximately $50,000 will be saved on promotional expenses, $25,000 will be saved   !on centralization of management, accounting and news gathering, and $5,000 will be saved due to   purchasing efficiencies. Overall, Sinclair anticipates a savings of $165,000 from its proposed common   ownership and joint operation of WLOS(TV), WFBCFM, WSPAFM, WSPA(AM), WYRD(AM), and   zWORD(AM). Sinclair states that it will use the cost savings to acquire quality programming and hire talent with a greater appeal to its audience.  6. Sinclair states that it will invest the cost savings into expanded local programming.   Specifically, the radio stations in the proposed combination would have access to WLOS(TV)'s news and"=',l(l(,,+"   weather bulletins and live coverage of local emergencies, as well as coverage of debates between local   political candidates. All of the radio stations will also provide local sports, news, and public affairs   information to WLOS(TV) so that news, public opinion, and information about events occurring in the   Greenville/Spartanburg area can also be disseminated in the Asheville area by the television station. For   {example, Sinclair states that station WORD(AM), for which a waiver is not required, will provide   zWLOS(TV) with excerpts from the Russ Cassell Show, a daily live news/talk program with a 25year   presence in the Spartanburg community. Sinclair will further use the cost savings to enhance its Julian   Sinclair Smith Scholarship program, which provides scholarships to minority students interested in   studying communications and electrical engineering, and to implement an internet partnership between WLOS(TV) and the public schools in Greenville.  S-   7.  Types of Facilities. Sinclair's waiver showing lists WLOS(TV) as an ABC affiliate operating   /on VHF Channel 13 at an effective radiated power ("ERP") of 178.0 kw from an antenna 853 meters   height above average terrain ("HAAT"). WSPAFM is a Class C station that operates on Channel 255   >(98.9 MHz) with an ERP of 100 kw from an antenna 582 meters HAAT. WYRD(AM) is a Class B   station that operates on 1330 kHz with an ERP of 5.0 kw. WFBCFM is a Class C station that operates   on Channel 229 (93.7 MHz) with 100 kw horizontal and 97 kw vertical ERP from an antenna 564 meters HAAT.   [ 8. Sinclair acknowledges that these stations are technically significant but maintains that other local   stations have technically significant facilities as well. Sinclair cites two other VHF television stations in   [the DMA with comparable technical facilities to those of WLOS(TV) as well as a "highpowered" UHF   station. In addition, Sinclair lists 12 Class C FM stations as being in the television metro market with   >technical facilities comparable to those of WFBCFM and WSPAFM and seven AM stations in the television metro market having technical facilities comparable to those of WYRD(AM).  S-  9.  Other Media Outlets . As indicated above, in addition to the stations for which waiver of the   Konetoamarket rule is required, Sinclair proposes to acquire WORD(AM) and WSPA(AM), both of which   are in the GreenvilleSpartanburg TV metro market, and FM translator station W249AR, Asheville, North   Carolina, which rebroadcasts the signal of WSPAFM. Sinclair also has a local management agreement   ("LMA") with independent UHF station WFBCTV, Anderson, South Carolina, which is in the TV metro market as well.  Sm-  10.  Economic Status.  Sinclair states that none of the radio stations involved in this waiver request is in financial distress.  S- 11.  Competition and Diversity in the Market.  The final factor in Sinclair's showing is the nature   of the relevant market in light of the Commission's concerns about diversity and competition. Sinclair   yasserts that the GreenvilleSpartanburg DMA is the 35th largest in the country. Sinclair states that there   yare 12 television stations (eight commercial and four noncommercial) in the DMA licensed to 10 separate   and distinct owners. Sinclair then states that there are 47 radio stations (39 commercial and eight   noncommercial) in the TV metro market. Of those 47 stations, 32 are licensed to separate owners,   according to Sinclair. In sum, Sinclair contends that there are currently 59 radio and television stations   licensed to 42 separate owners, and that the number of separate owners would decrease to 40 following   approval of its proposed combination. Finally, Sinclair states that there are 63 cable systems operated by   21 separate operators that reach 60 percent of households in the DMA. Sinclair also states that the DMA is served by 10 daily newspapers and 40 weekly newspapers. "%,l(l(,,O)"  S- PJ Discussion ă  Sg-   12.  Radio Ownership Rules. We turn first to Sinclair's compliance with our local radio ownership   rules. 47 C.F.R. 73.3555(a)(1). Our analysis of the data Sinclair has submitted indicates that two   separate radio markets are formed by the stations Sinclair proposes to acquire because not all of the   jcontours of the stations that Sinclair proposes to own overlap each other. Market 1 for radio ownership   xpurposes contains WFBCFM, WSPAFM, WSPA(AM), and WORD(AM). Market 2 consists of WFBC  [FM, WSPAFM, and WYRD(AM). Both Markets 1 and 2 overlap the signals of at least 83 commercial   radio stations. Under our rules, in a radio market with more than 45 commercial radio stations a party   may own, operate, or control up to eight commercial radio stations, not more than five of which are in   the same service (AM or FM). Sinclair's proposed ownership of four commercial radio stations, two FM   and two AM, in the first market, and three commercial radio stations, two FM and one AM, in the second   market, complies with the numerical local ownership limits. Moreover, our review of the record in this   case reveals no other circumstances that would preclude grant of the applications. We conclude that, with   !respect to local radio ownership, Sinclair's acquisition of WFBCFM, WSPAFM, WSPA(AM), WYRD(AM) and WORD(AM) would be consistent with the public interest.  Sj-   13.  One-to-a-Market Waiver.  Before considering Sinclair's request for a waiver of the onetoa  market rule, we must determine what weight, if any we should accord Sinclair's existing LMA with   WFBCTV in Anderson, South Carolina, in assessing that request. Currently, television LMAs are not   \attributable to the brokering station, nor, taken alone, are they considered a "meaningful" relationship  S-  within the scope of the crossinterest policy. Rep WWBB, G.P. ,11 FCC Rcd 19689, 1969394 (1996);  Sk-  S.E. Licensee G.P., 11 FCC Rcd 16727, 16732 (1996). At present, therefore, we will not accord   significance to Sinclair's existing television LMA in evaluating its ownership waiver request. Our decision   [here in no way prejudges the issues in our ownership and attribution proceedings. We have proposed to   attribute television LMAs to the brokering station where the stations involved are in the same market and   the brokerage arrangement includes more than 15 percent of the brokered station's weekly broadcast hours.  Sl-  =Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests,  S9-  -Further Notice of Proposed Rulemaking, 11 FCC Rcd 19895, 1990809 (1996). Further, we have proposed   Lthat any LMA which would be attributable for duopoly rule purposes, under this approach "would also   jcount in applying our other ownership rules, including, for example ... the onetoamarket rule (or radio S-  television crossownership rule)." Id. (footnotes omitted). Thus, if we establish final rules for attributing   /LMAs, we would also assess whether 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 any grant of a onetoamarket waiver on the ultimate result reached in the   kpending rulemaking proceedings in attribution and television ownership concerning the significance of  S-television LMAs.   Sn-  S;- 14.  Sinclair requests waiver of our one-to-a-market rule on the basis that it satisfies our  S -  case-by-case criteria, as set forth in the Second Report and Order.  See Revision of Radio Rules and  S -  Policies (Recon.), 7 FCC Rcd 6387, 6394 n. 40 (1992). See also Rep WWBB G.P., 11 FCC Rcd. at  S!-  19689; Moosey Communications, Inc., 8 FCC Rcd 5247 (1993). In evaluating a request for a waiver of   Lthe one-to-a-market rule, the Commission's goal "is 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  S $-  maintenance of diversity and vigorous competition within the market areas involved." Second Report and  S$-  \Order Recon., 4 FCC Rcd at 6491. We conclude that Sinclair's showing in support of a waiver of the   one-to-a-market rule meets our case-by-case criteria, and that a temporary conditional waiver in this   instance is consistent with the public interest and would not have an adverse effect on diversity and competition in the GreenvilleSpartanburg market. "=',l(l(,,+"Ԍ ԙ15. Sinclair demonstrates that acquisition of WFBCFM, WSPAFM, WSPA(AM), WYRD(AM),   and WORD(AM) will create efficiencies resulting in significant cost savings and the potential for enhanced  S-  programming and service benefits. In particular, the licensee presents a showing that it would save   approximately $165,000 through joint ownership of the television and five radio stations due to  S4-  centralization of management and accounting, purchasing efficiencies and crosspromotion of stations.4  yO-  ԍThe record establishes that significant cost savings will be realized even with respect to only the radio stations implicated in the onetoamarket waiver request.   Further, Sinclair states that its stations will share news and weather bulletins, live coverage of local   Nemergencies, local sports events, coverage of debates between local political candidates, and other   /informational programming. In this manner, the radio stations will be able to enhance their news and   ?public affairs programming and WLOS(TV) will be able to disseminate news, public opinion, and   information about events occurring in the Greenville/Spartanburg area to a wider area. Sinclair will also   use the cost savings to enhance its Julian Sinclair Smith Scholarship program, which provides scholarships   to minority students interested in studying communications and electrical engineering, and to fund internet access for the Greenville public schools.  16. While Sinclair's commonly owned facilities will be significant in technical terms, our   independent analysis verifies that comparable competing facilities exist. The Commission's "concern with   >the types of facilities merging under the authority of a one-to-a-market waiver reflects our interest in   assessing the potential impact of a proposed combination of stations in a given market in order that we   might predict and avoid any significant adverse effect on diversity or competition from too powerful a  S7-  lcombination." Great American Television and Radio Co., Inc., 4 FCC Rcd 6347, 6349-50 (1989).  S-  Sinclair's FM stations, WFBCFM and WSPAFM, are Class C stations and our analysis shows that there   .are at least six additional comparable Class C commercial FM stations in the TV metro market. At least   ?one additional commercial AM station in the TV metro market is comparable to the AM stations  Sk-  yWSPA(AM) and WYRD(AM), both Class B stations, in the proposed combination. There are also three   |Class B AM stations with comparable daytime power and reduced nighttime power, including   LWORD(AM), another station in Sinclair's proposed combination. Our independent analysis also shows   that there are two VHF stations in the DMA in addition to Sinclair's WLOS(TV), each with area coverage   comparable to WLOS(TV). We conclude that the technical capabilities of the proposed combination do not present issues of market dominance inconsistent with the public interest.  S9-  |17. With respect to financial conditions, as stated earlier, none of the stations in the proposed   combination has demonstrated financial distress. However, we previously have indicated that not all five  S-  factors need be present to justify grant of a waiver. Second Report and Order Recon. 4 FCC Rcd at 6491.   We also have granted a number of one-to-a-market waivers where there was no finding that any of the  S:-  .stations were in financial distress. See, e.g., Louis C. DeArias 11 FCC Rcd 3662 (1996) ; Alta Gulf FM,  S-  Inc., 10 FCC Rcd 7750, 7751 (1995), Henry Broadcasting Co., 11 FCC Rcd 1175 (1995); Atlantic Morris  S-Broadcasting, Inc., 10 FCC Rcd 9495 (1995); Secret Communications Ltd., 10 FCC Rcd 6874 (1995).  ?18. Regarding Sinclairs media holdings, we find that the proposed combination would not create  S;-  undue concentration of ownership and control in the GreenvilleSpartanburg market. ;   yO#-  ԍAs to the market definition within which to count the number of broadcast stations in the context of a onetoa  market waiver, the Commission considers "the relevant TV metro market for radio stations and the relevant ADI  yO%-  [Arbitron Area of Dominant Influence] TV market for TV stations." Second Report and Order at 1760 n. 101.   LHowever, since Arbitron no longer compiles ADI data, we now accept showings using the Nielsen DMA. See  yO'-  Media/Communications Partners L.P., 10 FCC Rcd 8116 n. 3 (1995). See also Further Notice of Proposed"',l(l(R'"  yO-  yRulemaking, 10 FCC Rcd 3524, 3529 N. 59 (1995). While Sinclair stated in its showing that it counted radio   ,stations within the GreenvilleSpartanburg television metro market, it in fact included six commercial and one non  commercial radio stations that fall within the DMA but outside of the television metro market. We have excluded those seven radio stations from our analysis. We have verified";,l(l(,,V""   zthat there are at least 33 commercial radio stations, of which 21 are separately owned, and seven non  commercial radio stations, each of which is separately owned, in the GreenvilleSpartanburg TV metro  S-  lmarket. There are also eight commercial television stations including WLOS(TV), each of which is   zseparately owned, and four noncommercial television stations licensed to two separate owners, in the   GreenvilleSpartanburg DMA. All together, there are presently 52 broadcast stations licensed to 38   separate owners. After the proposed transaction, these 52 stations would be operated by 37 separate   broadcast owners. Additionally, based on information provided by the applicant, there appear to be other   >media outlets in the market, including cable systems operated by 21 separate operators that reach 60   percent of households in the DMA, 10 daily newspapers and 40 weekly newspapers. This level of  S5-  \diversity is consistent with the level we have approved in previous waiver requests. Shareholders of  S-  /Citicasters, Inc., 11 FCC Rcd 19135, 19140 (1996) (31 separate voices, nine daily newspapers, 58.9  S-  =percent cable penetration in 29th largest market); S.E. Licensee, G.P., 11 FCC Rcd 16728, 16731 (1996)  S -  (27 separate owners, nine daily newspapers, 58.1 percent cable penetration in 42nd largest market); Great  Si -  American Television and Radio Co., Inc., 4 FCC Rcd 6347, 63486350 (33 separate voices, 21 daily  S6 -newspapers and 50 percent cable penetration in 28th largest market).  S -  019. With respect to economic concentration and competition, our independent analysis indicates   that the three radio stations at issue in the onetoamarket waiver request, WYRD(AM), WFBCFM and   [WSPAFM, together with WLOS(TV), receive a combined television and radio advertising revenue share  S7-  of 21.1 percent, a figure consistent with temporary one-to-a-market waiver requests previously approved.-x7  yO-  ԍ The other two stations to be acquired, WORD(AM) and WSPA(AM), are also considered by Arbitron to be   part of the same radio metro market as WYRD(AM), WFBCFM and WSPAFM. WORD(AM) has a 1.1 percent   share of the radio advertising revenue and WSPA(AM) has a 1.9 percent share of the radio advertising revenue. If   all five radio stations were included in the analysis, those stations together with WLOS(TV) would receive a   combined television and radio advertising revenue share of 25.76 percent. Advertising revenue data are based on 1997   -revenue figures and is obtained from BIA Publications, Inc.'s Radio Master Access and Television Master Access data bases. -  S-  See NewCity Communications, Inc., 12 FCC Rcd 3929 at 3944 (1997) (29 percent combined television  S-  and radio advertising shares) ; S.E. Licensee G.P., 11 FCC Rcd at 16734 (1996) (24.2 percent combined  S-television and radio advertising share).  320. We conclude, based on the record, that grant of a temporary, conditional waiver is   appropriate. Grant of the waiver will result in economic efficiencies and facilitate enhanced public interest programming without undue effect on competition or diversity in the GreenvilleSpartanburg market.  Sl-53 Ordering Clauses Đ S9-lU  S-  21. Accordingly, IT IS ORDERED, that a temporary conditional waiver of the one-to-a-market   rule, 47 C.F.R. 73.3555(c), to permit common ownership of stations WLOS(TV), Asheville, North   Carolina, WYRD(AM), Greenville, South Carolina, WFBCFM, Greenville, South Carolina, and WSPA Sm-  FM, Spartanburg, South Carolina , IS HEREBY GRANTED, subject to the outcome in the pending  S:-  ?television ownership rulemaking proceeding, Review of the Commission's Regulations Governing  S-  Television Broadcast Ownership, Second Further Notice of Proposed Rulemaking, MM Docket Nos." ,l(l(,,"   91-221 & 87-8, FCC 96-438 (released November 7, 1996). Should divestiture be required as a result of   that proceeding, Sinclair is directed to file an application for Commission consent to sell the necessary   station(s) within six months from the release of the final Order in that proceeding. Any request to extend   this conditional waiver should be filed at least 45 days prior to the end of the sixmonth period and would be closely scrutinized.  l22. IT IS FURTHER ORDERED, that, having found the applicants fully qualified and that grant   of the applications would serve the public interest, the application to assign the licenses of WYRD(AM),   Greenville, South Carolina, WFBCFM, Greenville, South Carolina, and WORD(AM), Spartanburg, South   Carolina, from Keymarket of South Carolina, Inc., to Sinclair Radio of Greenville Licensee, Inc., and the   /application to assign the licenses of WSPA(AM) and WSPAFM, Spartanburg, South Carolina from Spartan Communications, Inc. to Sinclair Radio of Greenville Licensee, Inc. ARE HEREBY GRANTED.  23. IT IS FURTHER ORDERED, that, the application to assign the license for FM translator   station W249AR, Spartanburg, South Carolina, from Spartan Communications, Inc. to Sinclair Radio of  S -Greenville Licensee, Inc., IS HEREBY GRANTED.  Sj-php hh,FEDERAL COMMUNICATIONS COMMISSION  S-hphp hh,Roy J. Stewart  S- hh,Chief, Mass Media Bureau