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X"-  7. xDiscussion. In adopting the duopoly rule's fixed standard of prohibiting overlap of Grade  xB service contours, the Commission also acknowledged the need for "flexibility" in that rule's  xapplication, noting that waivers should be granted where rigid conformance to the rule would be  X- x"inappropriate." Multiple Ownership of Standard, FM and Television Broadcast Stations, 45 FCC  X - x2d 1476, 1479 n.12, recon. granted in part, 3 RR 2d 1554 (1964). To that end, the Commission  xhas developed the following set of factors to be considered when evaluating an applicant's request  x.for waiver of the duopoly rule: the extent of the overlap, the number of media voices available  xin the overlap area, the distinctiveness of the respective markets, the independence of the stations'  Xp$- xoperations, and the concentration of economic power resulting from the combination. See Iowa  X[%- xState University Broadcasting Corporation, 9 FCC Rcd 481, 48788 (1993), aff'd sub nom.  XF&- x>Iowans for WOITV, Inc. v. FCC, 50 F.3d 1096 (D.C. Cir. 1995); H&C Communications, Inc.,  x9 FCC Rcd 144, 146 (1993). After weighing the factors, the Commission considers any public"1',-(-(ZZ%"  xinterest benefits proposed by the applicant to determine whether, in light of the overlap, the  X- xbenefits outweigh any detriment which may occur from grant of the waiver. See, e.g., Iowa State  X- x=University, 9 FCC Rcd at 48788. As with any waiver, it will only be granted if the Commission concludes that the waiver is in the public interest.  X-  |8. xCurrently, the Commission is reexamining its broadcast television ownership policies,  xNincluding the duopoly rule. In January 1995, the Commission proposed a new analytical  Xc- 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  X7- xMaking, 10 FCC Rcd 3524 (1995) ("Television Ownership Further Notice"). Subsequent to the  X" - xrelease of the Television Ownership Further Notice, Congress directed the Commission to conduct  x[a rulemaking proceeding to determine whether to retain, modify or eliminate existing limitations  xon the number of television stations that an entity may control within the same television market.  X - x>See Section 202(c) of the Telecommunications Act of 1996, Pub. L. No. 104104, 110 Stat. 56  xy(Feb. 8, 1996) ("Telecom Act"). In response to this Congressional directive in the Telecom Act  X - xand to update the record, the Commission released the Review of the Commission's Regulations  X- xGoverning Television Broadcasting, Second Further Notice of Proposed Rule Making in MM  X- xDocket Nos. 91221 and 878, 11 FCC Rcd 21655 (1996) ("Television Ownership Second Further  Xt-Notice").   XH-  9. xThe Commission stated in the Television Ownership Second Further Notice that it will be  xinclined, during the pendency of the television ownership proceeding, to grant temporary duopoly  xwaivers to authorize common ownership of television stations that are in separate DMAs and  xwhose Grade A contours do not overlap, conditioned on coming into compliance with the  X- x[outcome of the proceeding within six months of its conclusion. Television Ownership Second  X- xFurther Notice, 11 FCC Rcd at 21681. It also noted there its tentative conclusion that the record  xin that proceeding "supports relaxation of the geographic scope of the duopoly rule from its  x[current Grade B overlap standard to a standard based on DMAs supplemented with a Grade A  X- xkoverlap criterion." The Commission further stated that "we do not believe granting waivers  xsatisfying the proposed standard, and conditioning them on the outcome of this proceeding, will  Xh-adversely affect our competition and diversity goals in the interim." Id.  X<-  l 10. xGiven the clearly articulated policy in the Second Further Notice, we do not believe that  X'- xyan unconditional grant of Sinclair's duopoly waiver is appropriate.  See WHOATV, Inc., 11 FCC  xRcd 20041, 2004647, 20051. However, we believe that grant of a conditional waiver of the  xduopoly rule, subject to the outcome of the pending ownership rulemaking, is justified. The  xtemporary common ownership of WSYX(TV) and WSTRTV would be consistent with the  X!- xinterim policy set forth in the Second Further Notice, as the stations are in separate DMAs and  xthere is no Grade A signal contour overlap. Moreover, our examination of the record presented  xhere reveals nothing suggesting that we should not follow the established interim policy in this  X$- xjcase. The extent of the Grade B overlap, although not de minimis, falls well within the range of  Xu%- xthose we have approved in previous cases. See, e.g., NWCG Holdings Corp., 11 FCC Rcd 16318  x(1996) (granting waiver where Grade B population overlap was 29.4% and 10.2% and area"`&,-(-(ZZ$"  X- xoverlap was 14.7% and 16.5%); Benedek Broadcasting Corporation, 11 FCC Rcd 6319 (1997)  xy(granting waiver where Grade B population overlap was 10.5% and 24.6% and area overlap was  xj10.8% and 27.2%). We note also that the stations serve different markets, and that Sinclair has  xpledged to operate the stations independently. Additionally, numerous broadcast stations will  x<continue to provide service to the overlap areas after the proposed assignment. Accordingly, we  xconclude that grant of a temporary waiver, conditioned on the applicant coming into compliance  xwith the outcome of the pending television ownership rulemaking proceeding within six months  xof its conclusion, will serve the public interest, convenience and necessity. Any request to extend  x=this conditional waiver should be filed at least 45 days prior to the end of the sixmonth period  X3-and would be closely scrutinized.   X - 0Conclusion ă  X -   11. xHaving determined that the applicants are qualified in all respects, we find that grant of  X -the abovecaptioned application will serve the public interest, convenience and necessity.#,5\  P6G;(u,P#  X.-  #Xj\  P6G;xXP# 12. xAccordingly, IT IS ORDERED, That the request for permanent waiver of the  xCommission's duopoly rule, 47 C.F.R.  73.3555(b), to allow common ownership by WSYX  xLicensee, Inc., of WSYX(TV), Columbus, Ohio, and WSTRTV, Cincinnati, Ohio, IS DENIED;  xhowever, a conditional waiver of Section 73.3555(b) IS GRANTED, subject to the outcome of  xithe Commissions pending broadcast television ownership rulemaking in MM Docket Nos. 91221  xLand 878. Should divestiture be required as a result of that proceeding, the licensee is directed  xto file, within six months from the release of the final order in MM Docket Nos. 91221 and 87 xy8, an application for Commission consent to dispose of such station as would be necessary for  Xv-WSYX Licensee, Inc., to come into compliance with the rules as provided in the final order.#,5\  P6G;(u,P#  X-  n#Xj\  P6G;xXP# 13. xIT IS FURTHER ORDERED, That the application for consent to the assignment of  xlicense of station WSYX(TV), Columbus, Ohio, from River City License Partnership II to WSYX  x>Licensee, Inc. (File No. BALCT980506IJ), IS GRANTED, subject to the condition that prior  xto or concurrently with consummation of the subject transaction, the assignment of license of  xstation WTTE(TV), Columbus, Ohio, to Columbus (WTTETV) Licensee, Inc. (File No. BALCT Xq-960710IA) be consummated.#d\  P6G; 1dP#  X-# Xj\  P6G;xXP#x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau