******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) J. ALBERT DAME ) File Nos. BTC, BTCH- (Transferor) ) 980617GN through GZ, ) HA through HH and ) ) CLEAR CHANNEL ) COMMUNICATIONS, INC. ) (Transferee) ) ) For Consent to Transfer of ) Control of Dame Media, Inc., ) Licensee of ) ) WGY(AM), Schenectady, New York ) WRVE(FM), Schenectady, New York ) WHRL(FM), Albany, New York ) WADR(AM), Remsen, New York ) WRFM(FM), Remsen, New York ) WUTQ(AM), Utica, New York ) WOUR(FM), Utica, New York ) WRNY(AM), Rome, New York ) WSKS(FM), Rome, New York ) ) WNTJ(AM), Johnstown, Pennsylvania ) WMTZ(FM), Johnstown, Pennsylvania ) WHP(AM), Harrisburg, Pennsylvania ) WKBO(AM), Harrisburg, Pennsylvania ) WWKL(AM), Harrisburg, Pennsylvania ) WRBT(FM), Harrisburg, Pennsylvania ) WRVV(FM), Harrisburg, Pennsylvania ) WWKL-FM, Harrisburg, Pennsylvania ) WRAK(AM), Williamsport, Pennsylvania ) WKSB(FM), Williamsport, Pennsylvania ) WRKK(AM), Hughesville, Pennsylvania ) WMYL(FM), Salladasburg, Pennsylvania ) MEMORANDUM OPINION AND ORDER Adopted: June 18, 1999 Released: June 18, 1999 By the Chief, Mass Media Bureau: 1. The Chief, Mass Media Bureau, has under consideration, the above-captioned applications for consent to: (1) transfer control of Dame Media, Inc., licensee of 21 radio stations, from J. Albert Dame ("Dame") to Clear Channel Communications, Inc. ("Clear Channel"); and (2) related requests for conditional waivers of the Commission's one-to-a-market rule, 47 C.F.R. 73.3555(c), which restricts common ownership of a radio station and a television station in the same market. The applications and the waiver requests are unopposed. For the reasons set forth below, we grant the transfer applications along with conditional waivers of the Commission's one-to-a-market rule. 2. Albany-Schenectady-Troy, New York Area: Clear Channel, through intermediate subsidiaries, holds an 80 percent interest in Radio Enterprises, Inc. ("REI"), the licensee of WQBJ(FM), Cobleskill, WQBK-FM and WTMM(AM), Rensselaer, and WXCR(FM), Ballston Spa, New York. Clear Channel Television Licenses, Inc., an indirect subsidiary of Clear Channel, is the licensee of WXXA(TV), Albany New York (Channel 23, Fox). The Commission previously approved a conditional waiver of the one-to-a-market rule to allow common ownership of these stations. See Maximum Media, Inc., 12 FCC Rcd 3391 (1997) ("Maximum Media"). Because the Grade A contour of WXXA(TV) also encompasses the communities of license of Dame stations WGY(AM) and WRVE(FM) Schenectady, and WHRL(FM), Albany, New York, grant of the subject transfer of control applications would add three additional radio stations to the already existing radio-television station combination in the Albany-Schenectady-Troy, New York area. If Clear Channel is permitted to acquire control of WGY(AM), WRVE(FM), and WHRL(FM), it will control one TV, two AM, and five FM radio stations in the Albany-Schenectady-Troy DMA, the 53rd largest in the country. 3. Harrisburg, Pennsylvania Area: Clear Channel Radio Licenses, Inc. ("Clear Channel Radio"), a direct, wholly-owned subsidiary of Clear Channel, is the licensee of WLAN(AM) and WLAN- FM, Lancaster, Pennsylvania. Clear Channel Radio Licenses, Inc., an indirect subsidiary of Clear Channel, is the licensee of WHP-TV, Harrisburg, Pennsylvania (Channel 21). Clear Channel Radio Licenses, Inc. also provides programming under a local marketing agreement (LMA) to WLYH-TV, Lancaster, a UHF station. The Commission previously granted a conditional waiver of the one-to-a-market rule to allow common ownership of WHP-TV, WLAN(AM) and WLAN(FM). See Samuel M. Altdoerffer III, et al., 12 FCC Rcd 9945 (1997) ("Altdoerffer"). Because the Grade A contour of WHP-TV also encompasses the community of license of Dame stations WHP(AM), WKBO(AM), WRBT(FM), WRVV(FM), WWKL(AM), and WWKL-FM, Harrisburg, Pennsylvania, grant of the subject transfer of control applications would add six additional radio stations to the already existing radio-television station combination in the Harrisburg, Pennsylvania area. If Clear Channel is permitted to acquire control of WHP(AM), WKBO(AM), WRBT(FM), WRVV(FM), WWKL(AM), and WWKL-FM it will control one TV, four AM, and four FM radio stations in the Harrisburg-Lancaster-Lebanon-York DMA, the 46th largest in the country. 4. One-To-A-Market Waiver Showings. Clear Channel bases its request for waiver of the one- to-a-market rule on the standards adopted in the Second Report and Order, MM Docket No. 87-7, 4 FCC Rcd 1741 (1989) ("Second Report and Order"), recon. granted in part and denied in part, 4 FCC Rcd 6489 (1989) ("Second Report and Order Recon."). Under these standards, the Commission presumptively favors waiver requests involving station combinations serving the top 25 markets where at least 30 separately owned, operated, and controlled broadcast licensees or "voices" will remain after the proposed combination. The Commission also favors waiver requests involving "failed" broadcast stations, that is, stations that have not been operating for a substantial period of time or that are in bankruptcy proceedings. See 47 C.F.R.  73.3555, note 7. Otherwise, the requests must be evaluated under a case-by-case approach, as set forth in the Second Report and Order. 5. We shall review Clear Channel's waiver request under the case-by-case standard because the Albany-Schenectady-Troy market ("Albany DMA") is the 53rd largest DMA and the Harrisburg- Lancaster-Lebanon-York market ("Harrisburg DMA") is the 46th largest DMA in the country and because Clear Channel has not claimed that any of the stations that it will acquire from Dame in these markets is a "failed" station. Moreover, evaluation of the waiver requests under the case-by-case standard is appropriate because both proposed combinations involve the common ownership of more than one same- service radio station with a television station. See Memorandum Opinion and Order, MM Docket 91-140, 7 FCC Rcd 6387, 6394 n. 40 (1992). Under the case-by-case standard, the Commission makes a public interest determination based upon the following five criteria: (1) the potential public service benefits that will arise from the joint operation of the facilities involved, such as economies of scale, cost savings and programming and service benefits; (2) the types of facilities involved; (3) the number of other 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 market in light of the level of competition and diversity after joint operation is implemented. Second Report and Order, 4 FCC Rcd at 1753-54. In enunciating the five factors to be considered under the case-by-case standard, the Commission has noted that although not all five factors must be satisfied in each case, the overall consideration of these factors must weigh in favor of granting the waiver request. Second Report and Order Recon., 4 FCC Rcd at 6491. In support of its waiver requests, Clear Channel submits showings which address the case-by-case factors in each relevant market. 6. Public Service Benefits of Joint Operation. With respect to the Albany combination, in Maximum Media, Clear Channel reported that the proposed television, one AM station and three FM station combination would result in immediate cost savings totaling $210,000 per year. Clear Channel reports that with the addition of the three Dame stations, the annual cost savings of combination will increase by $318,000 to approximately $528,000 through consolidation of staff and facilities, shared programming, and cross-promotions. Specifically, breaking down that amount, Clear Channel expects to realize annual cost savings of: approximately $75,000 through the use of shared personnel; approximately $30,000 in maintenance and improvement of technical facilities; $50,000 annually by permitting all involved stations to utilize "WGY(AM)'s high profile news gathering operations;" $100,00 as a result of cross-promotions; approximately $18,000 by sponsoring and promoting significant community events more effectively; and approximately $45,000 through the use of collective recruiting and training resources. 7. With respect to the Harrisburg combination, in Altdoerffer, Clear Channel reported that the television-AM-FM combination would result in immediate cost savings totaling $270,000 per year. Clear Channel now reports that with the addition of Dame's six stations, the annual cost savings of the combination will increase by $314,000 to approximately $584,000 through consolidation of staff and facilities, shared programming, and cross promotions. Breaking down the $314,000, Clear Channel expects to realize annual cost savings of: approximately $50,000 through the use of shared personnel; approximately $24,000 per year in rent through consolidation of facilities; $35,000 per year in maintenance and improvement of technical facilities; $50,000 by making WHP-TVs news operations available to the Dame stations; $130,000 as a result of cross-promotions; approximately $10,000 per year by sponsoring and promoting significant community events more effectively; and approximately $15,000 per year through the use of collective recruiting and training resources. 8. In each market, Clear Channel proposes to use the anticipated savings to: (1) create the position of Public Service Director "in order to better coordinate the stations' public service efforts;" (2) devote greater resources to "preventing an interruption of service in emergency situations;" (3) create "new opportunities for local and public affairs programming, as well as enhanced local traffic reports;" (4) "sponsor and promote significant community events more effectively;" and (5) "strengthen and enhance its equal employment opportunity efforts." 9. Types of Facilities. Clear Channel asserts that because there is substantial competition in the subject markets and because the television stations involved are UHF stations, the proposed combinations will not dominate the markets that are subject to the waiver requests from a technical standpoint even if the Commission concludes that the technical facilities involved are significant. Additionally, citing the Second Report and Order, 4 FCC Rcd at 1753, Clear Channel notes that "the Commission has stated that combinations involving UHF stations 'may provide relatively greater public interest benefits and impose relatively fewer public interest costs.'" 10. In the Albany DMA, WXXA(TV) (Fox affiliate), is a UHF station operating on Channel 23 at a power of 3020 kW from an antenna 366 meters height above average terrain ("HAAT"). With regard to the stations already controlled by Clear Channel: WTMM(AM) is a fulltime Class B station operating on 1300 kHz with a transmitted power of 5 kW from different daytime and nighttime directional antennas; WQBK-FM is a Class A station operating on Channel 280 (103.9 MHz) with an ERP of 6 kW from an antenna 92 meters HAAT; WXCR(FM) is a Class A station operating on Channel 272 (102.3 MHz) with an ERP of 4.1 kW from an antenna 118 meters HAAT; and WQBJ(FM) is a Class B station operating on Channel 278 (103.5 MHz) with an ERP of 50 kW from an antenna 150 meters HAAT. With regard to the stations licensed to Dame: WGY(AM) is a fulltime Class A station operating on 810 kHz with a transmitted power of 50 kW from a nondirectional antenna; WHRL(FM) is a Class A station operating on Channel 276 (103.1 MHz) with an effective radiated power ("ERP") of 6 kW from an antenna 99 meters HAAT; and WRVE(FM) is a Class B station operating on Channel 258 (99.5 MHz) with an ERP of 14.5 kW from an antenna 282 meters HAAT. Clear Channel asserts that within the Albany DMA, WXXA(TV) competes with six television stations, three of which have superior and three of which have comparable facilities. Additionally, Clear Channel lists four AM stations and 21 FM stations which have either comparable or superior facilities to the radio stations in the proposed combination. 11. In the Harrisburg DMA, WHP-TV is a CBS-affiliated UHF station operating on Channel 21 with a power of 1200 kW from an antenna 372 meters HAAT. With regard to the stations already controlled by Clear Channel: WLAN(AM) is a Class B station operating on 1390 kHz with a transmitted power of 5 kW during the day and 1 kW during the night with different daytime and nighttime directional antenna patterns; and WLAN-FM is a Class B station operating on Channel 245 (96.9 MHz) with an ERP of 50 kW from an antenna 152 meters HAAT. With regard to the stations licensed to Dame: WHP(AM) is a fulltime Class B station operating on 580 kHz with a transmitted power of 5 kW from a nondirectional antenna during daytime hours and a directional antenna nighttime; WWKL(AM) is a fulltime Class B station operating on 1460 kHz with a transmitted power of 5 kW from a nondirectional antenna during daytime hours and a directional antenna nighttime; WKBO(AM) is a Class C fulltime station operating on 1230 kHz with a transmitted power of 0.48 kW from a nondirectional antenna; WRBT(FM) is a Class B station operating on Channel 235 (94.9 MHz) with an ERP of 25 kW from an antenna 213 HAAT; WRVV(FM) is a Class B station operating on Channel 247 (97.3 MHz) with an ERP of 17 kW from an antenna 256 meters HAAT; and WWKL-FM is a Class A station operating on Channel 257 (99.3 MHz) with an ERP of 6 kW from an antenna 100 meters HAAT. According to Clear Channel, one VHF station with superior technical facilities and four UHF stations with comparable facilities operate in the DMA. Additionally, Clear Channel lists 10 AM stations and 19 FM stations which have either comparable or superior facilities to the radio stations in the proposed combination. 12. Other Media Outlets. Clear Channel states that it owns no other media outlets in either the Albany, New York market or the Harrisburg, Pennsylvania market. As set forth above, Clear Channel reports that in Harrisburg, WHP-TV serves as the time broker through a local marketing agreement ("LMA") for UHF station WLYH-TV, Lancaster (Channel 15). Citing REP WWBB G.P., 11 FCC Rcd 19689, 19693-94 (1996), Clear Channel notes that the Commission "does 'not accord significance' to an existing television LMA in evaluating a request for waiver of the one-to-a-market rule." 13. Economic Status. Clear Channel states that none of the stations in either of the proposed combinations is in financial distress and notes that the Commission has granted numerous one-to-a-market waiver requests even though there was no finding that any of the stations were in financial distress. 14. Competition and Diversity in the Market. Clear Channel asserts that the levels of competition and diversity in the Albany and Harrisburg markets are in accord with waivers previously approved by the Commission. Regarding the Albany market, Clear Channel asserts that following the consummation of the proposed transaction, the market will be served by 29 separate "voices," including 43 radio stations licensed to 23 separate owners within the Albany television metro market, and eight television stations within the Albany DMA licensed to six separate owners. Clear Channel notes that the market is also served by seven low power television stations, 29 cable operators with a combined penetration rate of 74% of the total TV households, and five MMDS/MDS operators. Additionally, several print media, including 12 daily newspapers and 29 weekly publications, serve the Albany market. 15. In the Harrisburg market, Clear Channel asserts that following the consummation of the proposed transaction, the market will be served by 41 separate "voices," including 51 radio stations licensed to 35 separate owners within the Harrisburg television metro market, and seven television stations licensed to seven separate owners within the Harrisburg DMA. Additionally, according to Clear Channel the Harrisburg DMA is served by 33 cable operators with a combined penetration rate of 76% of the total TV households, seven daily newspapers and 21 weekly publications, two MMDS operators, and seven low power television stations. Discussion 16. Local Radio Ownership Rules. We turn first to Clear Channel's compliance with the Commission's local radio ownership rules which impose restrictions on the number of radio stations in the same service and the number of radio stations overall that may be commonly owned in any given local radio market. 47 C.F.R. 73.3555(a); see Implementation of Sections 202(a) and 202(b)(1) of the Telecommunications Act of 1996, 11 FCC Rcd 12368 (1996). A local radio market is defined by the area encompassed by the mutually overlapping principal community contours of the stations proposed to be co- owned. 47 C.F.R. 73.3555(a). Under the radio local ownership rules, as amended by the Telecommunications Act of 1996: in a radio market with 45 or more commercial radio stations, a party may own up to eight commercial radio stations, no more than five of which are in the same service; in a market with 30 to 44 commercial radio stations, a single entity may own up to seven commercial radio stations, no more than four of which are in the same service; and, in markets with 14 or fewer stations, one owner may hold up to five stations, no more than three of which are in the same service, except that no entity may control more than 50 percent of the stations in a market. Id. at 73.3555(a)(1). 17. Grant of the above-captioned transfer of control applications would result in Clear Channel's acquisition of control of existing Dame station groups in several local radio markets. First, as a result of the merger Clear Channel would acquire Dame stations groups in a number of local markets in which Clear Channel controls no other radio stations. The Commission has previously reviewed and approved common ownership of these Dame groups under the local radio ownership rules. Clear Channel has submitted showings demonstrating that these groups continue to comply with the numerical limitations of the local radio ownership rules. We have determined that continued ownership of these station groups, located in the following areas, would comply with the local radio ownership rules: (1) Rome-Utica, New York; (2) Williamsport-Salladasburg, Pennsylvania; and (3) Williamsport-Hughesville, Pennsylvania. 18. In addition, the proposed merger would create new station groups in a number of local radio markets where Clear Channel already controls other radio stations. Clear Channel has submitted showings demonstrating that its prospective control of new station groups in the following areas complies with the numerical limitations of the local radio ownership rules: (1) Schenectady-Cobleskill, New York area; (2) Schenectady-Albany-Rensselaer, New York; (3) Harrisburg, Pennsylvania; and (4) Lancaster, Pennsylvania. Based upon our independent review of the record in this case, with regard to the local radio ownership rules, we find no other circumstances that would preclude Clear Channel's acquisition of control of Dame stations in the above-stated markets and thus conclude that these acquisitions would be consistent with the public interest. 19. Local Marketing Agreement. Before considering Clear Channel's one-to-a-market waiver requests, we must determine what weight, if any, we should accord Clear Channel's existing LMA with WLYH-TV in assessing its one-to-a-market waiver request in Harrisburg. Currently, television LMAs are not attributable to the brokering station, nor, taken alone, does the Commission consider them a "meaningful" relationship within the scope of the cross-interest policy. At present, therefore, we will not accord significance to Clear Channel's existing television LMA in evaluating the Harrisburg, Pennsylvania, waiver request. We note, however, that 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. Further Notice of Proposed Rulemaking, MM Docket Nos. 94-150, 92-51 and 87-154, 11 FCC Rcd 19895, 19908-09 (1996). Further, we have proposed that any LMA which would be attributable for duopoly rule purposes under this approach "would also count in applying our other ownership rules, including, for example . . . the one-to-a-market rule (or radio-television cross-ownership rule)." Id. (footnotes omitted). And, while we have proposed to grandfather those LMAs -- such as the LMA here -- that were entered into prior to the November 5, 1996, adoption date of the Second Further Notice of Proposed Rulemaking, MM Docket Nos. 91-221 and 87-8, 11 FCC Rcd 21655 (1996), we have also indicated that we would "reserve the right . . . to invalidate an otherwise grandfathered LMA in circumstances that raise particular competition and diversity concerns, such as those that might be presented in very small markets." Id. at 21693-94. Our decision here in no way prejudges the resolution of LMA attribution in our pending ownership and attribution proceedings. Thus, if we establish final rules for attributing and grandfathering 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. Consistent with our treatment of transactions raising similar issues, we will condition the one-to-a-market waiver we grant here on the outcome of these rule makings. See Altdoerffer, 12 FCC Rcd at 9948; AT&T Corporation, 13 FCC Rcd 4633, 4643 (MMB 1998); Paxson Communications Corporation, 12 FCC Rcd 19583, 19591 (MMB 1997). 20. One-to-a-Market Waivers. As to the first criterion, the potential public service benefits of joint ownership, the Commission considers the public service benefits that could result from the proposed radio-television combination, such as projected economies of scale, cost savings, program and service benefits. Second Report and Order, 4 FCC Rcd at 1753. With respect to both the Albany and Harrisburg areas, Clear Channel demonstrates that the proposed combinations will create efficiencies resulting in significant cost savings and the potential for enhanced programming and service benefits. In both markets, Clear Channel plans to use the projected cost savings to enhance the programming of the stations involved in the combinations, to more effectively promote community events, and to strengthen the equal employment opportunity efforts of the stations involved. 21. As to the second factor, the types of facilities involved in the proposed combinations, in developing the case-by-case test in the Second Report and Order, the Commission stated that it "will consider such factors as whether the proposed radio-TV combination involves a UHF or VHF station or an AM or FM radio station, as well as the size or the class of the stations involved." See Shareholders of Citicasters, Inc., 11 FCC Rcd 19135, 19144 (1996) (citations omitted). Our independent analysis finds that, with respect to the Albany area waiver, there are three network-affiliated VHF stations in the Albany DMA operating with superior facilities to WXXA(TV) and one commercial UHF station operating with comparable facilities. With respect to the radio stations, our independent analysis of the Albany television metro market shows that there is at least one fulltime Class A AM commercial station operating with facilities that are both comparable to WGY(AM) and superior to WTMM(AM). Additionally, there are at least three fulltime Class B AM commercial stations in the market operating with comparable facilities to WTMM(AM). With regard to the Class A FM stations involved in the proposed transaction -- WXCR(FM), WQBK-FM, and WHRL(FM) -- our analysis shows that there are at least six comparable commercial stations and at least four commercial stations operating with superior facilities within the Albany television metro market. Likewise, with regard to the Class B FM stations involved in the proposed transactions -- WQBJ(FM) and WRVE(FM) -- our analysis shows that there are at least four comparable commercial FM stations within the relevant market. We therefore conclude that the technical capabilities of the proposed combination in the Albany area do not present issues of market dominance inconsistent with the public interest. 22. In the Harrisburg DMA, our independent analysis finds in addition to WHP-TV there is one network-affiliated VHF station operating with superior facilities and four other commercial UHF stations, two of which are network-affiliated, operating with comparable facilities. With respect to the radio stations, our independent analysis of the Harrisburg television metro market finds that while no station has facilities superior to WHP(AM), WWKL(AM) or WLAN(AM), there are at least four other comparable Class A commercial AM stations. With regard to WKBO(AM), our analysis shows that there are at least four comparable commercial stations and at least six with superior facilities within the Harrisburg television metro market. Turning to the FM stations, we find that substantial competing facilities operate in the Harrisburg television metro market, including at least ten commercial stations with facilities comparable, but none with facilities superior, to those of WLAN-FM. Of these ten, nine have facilities that are comparable to, and one has superior facilities to, both WRBT(FM) and WRVV(FM), both Class B stations. Additionally, our independent analysis finds that there are at least five stations with comparable facilities and 10 with facilities superior to that of WWKL-FM, a Class A station. We therefore conclude that the technical capabilities of the proposed combination in the Harrisburg area do not present issues of market dominance inconsistent with the public interest. 23. With respect to the third factor, Clear Channel owns no other media outlets in the Albany and Harrisburg markets. 24. Regarding the economic status of the stations involved in the combinations, according to Clear Channel none of these stations is experiencing financial difficulties. As we previously have indicated, however, not all five factors need be present to justify grant of a waiver. See Second Report and Order Recon., 4 FCC Rcd at 6491. Indeed, we have granted a number of one-to-a-market waivers where there was no finding that any of the stations were in financial distress. See, e.g., Altdoerffer, 12 FCC Rcd at 9949; see also AT&T Corporation, 13 FCC Rcd at 4644; SE Licensee, GP 11 FCC Rcd at 16734. 25. Finally, under the fifth factor, we find that the proposed combination would not create undue concentration of ownership and control in either the Albany DMA (the 53rd largest) or the Harrisburg DMA (the 46th largest). Indicia of the level of diversity include the number of broadcast outlets, the number of separately-owned and operated "voices" in the market, and the presence of cable and non-broadcast media. With respect to the Albany area, our independent analysis indicates that there are at least 35 commercial (15 AM and 20 FM) and 8 FM noncommercial radio stations serving the Albany television metro market. There are also three commercial VHF television stations and three commercial UHF television stations (one of which operates as a satellite) in the market. Additionally, the market is served by two noncommercial UHF television stations. After consummation of the proposed transaction, these 51 broadcast stations would be operated by 27 separate broadcast owners, or "voices." Additionally, as Clear Channel notes, several other media outlets serve the market, including seven low power television stations, 12 daily newspapers, and 29 weekly publications. We also note that the cable penetration rate for the Albany market has reached 74% of TV households and that the market is served by five MMDS/MDS operators. This level of diversity is consistent with the level we have approved in previous conditional waiver requests. See, e.g., North Idaho Broadcasting Co., 13 FCC Rcd 9489, 9494 (MMB 1998) (23 separate voices, 2 daily newspapers, 62 % cable penetration in the 73rd ranked market); Paxson Communications Corporation, 12 FCC Rcd at 19594 (30 separate voices, 7 daily newspapers, and 75% cable penetration in the 54th ranked market); S.E. Licensee, G.P., 11 FCC Rcd 16728, 16731 (1996) (27 separate voices, nine daily newspapers, 58.1% cable penetration in 42nd largest market). 26. In the Harrisburg area, our independent analysis finds that there are at least 40 commercial (20 AM and 20 FM) and 11 FM noncommercial radio stations licensed to communities within the Harrisburg television metro market. There is also one commercial VHF television station and five commercial UHF television stations in the market. Additionally, the market is served by one noncommercial UHF television station. After consummation of the proposed transaction, these 58 broadcast stations would be operated by 39 separate broadcast owners, or "voices." Furthermore, as demonstrated by Clear Channel, several other media outlets serve the market, including seven low power television stations, seven daily newspapers and 21 weekly publications, two MMDS operators, and 33 cable operators reaching 74% of the television households. As in the Albany market, the level of diversity in the Harrisburg market is consistent with the level previously approved. See, e.g., Paxson Communications Corporation, 12 FCC Rcd at 19594 (30 separate voices, 7 daily newspapers, and 75% cable penetration in the 54th ranked market); S.E. Licensee, G.P., 11 FCC Rcd 16728, 16731 (1996) (27 separate voices, nine daily newspapers, 58.1% cable penetration in 42nd largest market). 27. With respect to economic concentration and competition, we do not believe that the proposed transfer of control would unduly affect competition in either of the markets involved in the waiver requests. Our independent analysis indicates that WXXA(TV) garners 16.76 % of television advertising revenue in the Albany DMA, and the seven radio stations Clear Channel proposes to own have a combined 30.91% of the radio advertising revenues in the Albany-Schenectady-Troy Arbitron radio market. The radio stations and television station have a combined television and radio advertising revenue share of 21.6%. In the Harrisburg DMA, our independent analysis indicates that WHP-TV earns 12.5% of the television advertising revenue. Clear Channel's proposed radio combination has a 31.83% share of the radio advertising revenues in the Harrisburg and Lancaster markets. See, e.g., SFX Broadcasting, Inc., 13 FCC Rcd 12366, 12385 n. 45 (1998). Together, the Clear Channel television and radio stations would garner 18.93% of the television and radio advertising revenue for the combined Harrisburg DMA, Harrisburg-Lebanon-Carlisle Arbitron market, and Lancaster Arbitron market. The combined radio and television advertising revenue share represents the average of WHP-TV's television advertising revenue share and Clear Channel's prospective radio stations' respective advertising revenue shares in the Harrisburg-Lebanon-Carlisle and Lancaster Arbitron radio markets. See SFX Broadcasting, 13 FCC Rcd at 12385-86 n. 46. Both the combined television-radio advertising revenue for the Albany area and for the Harrisburg area are figures consistent with revenue levels approved in other conditional one-to-a-market waivers. See, e.g., Shareholders of American Radio Systems Corporation, 13 FCC Rcd 12430, 12453-54 (1998) (45.2% combined radio advertising revenue share and 23.2% combined television and radio advertising revenue share in Boston; 39.7 % combined radio advertising revenue share and 29.2% combined radio and television advertising revenue share in Baltimore; 32.3 % combined radio advertising revenue share and 26.9 % combined radio and television advertising revenue share in Pittsburgh); NewCity Communications, Inc., 12 FCC Rcd 3929 (1997) (32% radio advertising revenue share and 29% combined television and radio advertising share in Orlando). Conclusion 28. Based on the record, we conclude that grant of the conditional waivers will result in economic efficiencies and facilitate enhanced public interest programming without having an undue adverse effect on competition or diversity in either the Albany market or the Harrisburg market. 29. Accordingly, IT IS ORDERED, That the request for a temporary waiver of the Commission's one-to-a-market rule, Section 73.3555(c) to permit common ownership of stations WXXA(TV), Albany and WQBJ(FM), Cobleskill, WQBK-FM and WTMM(AM), Rensselaer, and WXCR(FM), Ballston Spa, WGY(AM) and WRVE(FM), Schenectady, and WHRL(FM), Albany, New York, IS GRANTED subject to the outcome of the pending television ownership rulemaking proceeding, Television Broadcast Ownership, Second Further Notice of Proposed Rule Making, MM Docket Nos. 91-221 and 87-8, 11 FCC Rcd 21655 (1996). Should divestiture be required as a result of that proceeding, Clear Channel Communications, Inc. is directed to file an application for Commission consent to sell the necessary station(s) within six months from the release of the Orders in the proceeding. Should Clear Channel find it necessary to request an extension for any reason, it must make such request no fewer than 45 days before the end of the divestiture period. 30. IT IS FURTHER ORDERED, That the request for a temporary waiver of the Commission's one-to-a-market rule, Section 73.3555(c) to permit common ownership of stations WHP-TV, Harrisburg and WHP(AM), WKBO(AM), WRBT(FM), WRVV(FM), WWKL(AM), and WWKL-FM, Harrisburg, and WLAN(AM) and WLAN-FM, Lancaster, Pennsylvania, IS GRANTED subject to the outcome of the pending television ownership rulemaking proceeding, Television Broadcast Ownership, Second Further Notice of Proposed Rule Making, MM Docket Nos. 91-221 and 87-8, 11 FCC Rcd 21655 (1996) and subject to the outcome of the pending broadcast attribution proceeding, Attribution of Broadcast and Cable /MDS Interests, Further Notice of Proposed Rulemaking, MM Docket Nos. 94-150, 92-51 and 87-154, 11 FCC Rcd 19895 (1996). Should divestiture be required as a result of these proceedings, Clear Channel Communications, Inc. is directed to file an application for Commission consent to sell the necessary station(s) within six months from the release of the Orders in the proceeding. Should Clear Channel find it necessary to request an extension for any reason, it must make such request no fewer than 45 days before the end of the divestiture period. 31. IT IS FURTHER ORDERED That, having found the applicants fully qualified and that grant of the applications would serve the public interest, the applications for transfer of control of Dame Media, Inc. from J. Albert Dame to Clear Channel Communications, Inc. (File Nos. BTC, BTCH-980617GN through GZ and HA through HH), ARE HEREBY GRANTED. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau