******************************************************** 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 Applications of ) ) LCH COMMUNICATIONS, INC. ) (Assignor) ) ) and ) File Nos. BALCT-980421IA ) BALTTL-980429IA-ID WOOD LICENSE COMPANY, L.L.C. ) (Assignee) ) ) For Consent to the Assignment of the ) License for Stations: ) ) WOOD-TV, Grand Rapids, Michigan ) WOKZ-LP, Kalamazoo, Michigan ) WOMS-LP, Muskegon, Michigan ) WOWD-LP, Grand Rapids, Michigan ) W27BY, Grand Rapids, Michigan ) MEMORANDUM OPINION AND ORDER Adopted: June 23, 1999 Released: June 24, 1999 By the Chief, Mass Media Bureau: 1. The Commission, by the Chief, Mass Media Bureau, acting pursuant to delegated authority, has before it for consideration the above-captioned, uncontested applications seeking consent to assign the licenses of station WOOD-TV (Channel 8, NBC), Grand Rapids, Michigan, and low power television stations WOKZ-LP, Kalamazoo, WOMS-LP, Muskegon, WOWD-LP and W27BY Grand Rapids, Michigan from LCH Communications, Inc. to WOOD License Company, L.L.C. (Wood License Co.), whose sole member is LIN Television Corporation (LIN). 2. LIN is ultimately controlled by Thomas O. Hicks (Hicks), who also ultimately controls, through several intermediate subsidiaries, STC License Company, the licensee of station WEYI- TV (Channel 25, Ind.), Saginaw, Michigan. Because the Grade B contours of stations WOOD- TV and WEYI-TV overlap, Hicks requests a waiver of Section 73.3555(b), the Commission's duopoly rule, 47 C.F.R. Section 73.3555(b), conditioned upon the outcome of the Commission's pending broadcast television ownership rulemaking concerning the duopoly and other multiple ownership rules, to permit its common ownership of the two stations. See Review of the Commission's Regulations Governing Television Broadcasting, Second Further Notice of Proposed Rule Making, 11 FCC Rcd 21655 (1996) (Television Ownership Second Further Notice). According to Hicks, grant of the requested duopoly waiver would be consistent with Commission precedent and would serve the public interest. 3. Hicks also ultimately controls, through several intermediate subsidiaries, Patterson Battle Creek Licensee Corp., the licensee of radio stations WBCK(AM), WBXX(FM) and WRCC(AM), Battle Creek, Michigan (collectively, the Battle Creek Stations); and Patterson Grand Rapids Licensee Corp., licensee of stations WLHT(FM), WGRD-FM, WNWZ(AM), Grand Rapids, and WTRV(FM), Walker, Michigan (collectively, the Grand Rapids Stations). To permit its common ownership and operation of station WOOD-TV, the Battle Creek Stations and the Grand Rapids Stations, Hicks requests a waiver of 47 C.F.R.  73.3555(c), the Commission's one-to-a-market rule, which generally proscribes the common ownership of television and radio stations in the same market, conditioned on the outcome of the Television Ownership Second Further Notice. For the following reasons, we will grant Hicks' request for conditional waivers of the duopoly and one-to-a-market rules, as well as the proposed assignment transaction. DUOPOLY WAIVER 4. Waiver Showing. In support of its duopoly waiver request, Hicks submits an engineering exhibit which shows that no Grade A overlap exists between stations WOOD-TV and WEYI-TV, which are located in cities 90 miles apart and in separate Designated Market Areas (DMA), with station WOOD-TV in the Grand Rapids-Kalamazoo-Battle Creek DMA, ranked 37th in size, and station WEYI-TV in the Flint-Saginaw-Bay City DMA, ranked 62nd in size. Hicks also describes the predicted Grade B contour overlap between stations WOOD-TV and WEYI-TV as encompassing 2,113 square kilometers and 263,759 people. This represents 7.4 percent of the area and 12.6 percent of the population within station WOOD-TV's predicted Grade B contour, and 8.2 percent of the area and 10.6 percent of the population within station WEYI-TV's Grade B contour. Hicks contends that this degree of overlap falls well within the range of previous conditional duopoly waiver cases approved by the Commission. 5. As for the number of media voices in the overlap area, Hicks claims that, excluding stations WOOD-TV and WEYI-TV, 17 full-service, commercial television stations and two full- service, non-commercial television stations provide service to part or all of the Grade B overlap area. Hicks states that at least eight of those commercial stations serve the entire overlap area, as many as 13 commercial television stations serve some portions of the overlap area and at least nine commercial stations serve 87.1 percent of the overlap area. The overlap area also receives radio service from 17 commercial AM radio stations and 18 commercial FM radio stations. Additionally, Hicks asserts, the Grand Rapids and Flint DMAs contain numerous other media outlets available to viewers. In this regard, Hicks refers to the nine other television stations, including seven commercial stations, and the 31 AM and 50 FM radio stations licensed to cities within the Grand Rapids DMA, which has a cable penetration rate of 62 percent, and to the eight other television stations, including four commercial stations, and the 22 AM and 40 FM radio stations licensed to cities within the Flint DMA, which has a cable penetration rate of 64 percent. Hicks concludes that, even with the common ownership of stations WOOD-TV and WEYI-TV, a diversity of other media outlets provide numerous viewpoints within the stations' respective DMAs as well as in the overlap area. 6. With respect to the Commission's concerns regarding the effect of the combination on competition, Hicks contends that "[t]he fact that [WOOD-TV and WEYI-TV] are in different DMAs serving distinct markets evidences that they are not direct competitors." Hicks also pledges to operate stations WOOD-TV and WEYI-TV separately during the conditional waiver period, with each station having its own local sales, programming and news staffs. 7. Discussion. In adopting the duopoly rule's fixed standard of a prohibited overlap of Grade B service contours, the Commission also acknowledged the need for "flexibility" in that rule's application, noting that waivers should be granted where rigid conformance to the rule would be "inappropriate." Multiple Ownership of Standard, FM and Television Broadcast Stations, 45 FCC 2d 1476, 1479 n.12, recon. granted in part, 3 RR 2d 1554 (1964). To that end, the Commission has developed a set of factors to be considered when evaluating an applicant's request for waiver of the duopoly rule, including the extent of the overlap, the number of media voices available in the overlap area, the distinctiveness of the respective markets, the independence of the stations' operations, and the concentration of economic power resulting from the combination. See Iowa State University Broadcasting Corporation, 9 FCC Rcd 481, 487-88 (1993), aff'd sub nom. Iowans for WOI-TV, Inc. v. FCC, 50 F.3d 1096 (D.C. Cir. 1995); H&C Communications, Inc., 9 FCC Rcd 144, 146 (1993). After weighing the factors, the Commission considers any public interest benefits proposed by the applicant to determine whether, in light of the overlap, the benefits outweigh any detriment which may occur from grant of the waiver. See, e.g., Iowa State University, 9 FCC Rcd at 487-88. As with any waiver, it will only be granted if the Commission concludes that the waiver is in the public interest. 8. Currently, the Commission is reexamining its broadcast television ownership policies, including the duopoly rule. In January 1995, the Commission released a further notice of proposed rulemaking in its television ownership proceeding. See Review of the Commission's Regulations Governing Television Broadcasting, Further Notice of Proposed Rule Making, 10 FCC Rcd 3524 (1995) (Television Ownership Further Notice). Subsequent to the release of that Television Ownership Further Notice, Congress directed the Commission to conduct a rulemaking proceeding to determine whether to retain, modify or eliminate existing limitations on the number of television stations that an entity may control within the same television market. See Section 202(c) of the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (Feb. 8, 1996) (Telecom Act). In response to this Congressional directive in the Telecom Act and to update the record, the Commission released the Television Ownership Second Further Notice. 9. The Commission stated in the Television Ownership Second Further Notice that it will be inclined, during the pendency of the television ownership proceeding, to grant duopoly waivers involving stations in different DMAs with no overlapping Grade A contours, conditioned on coming into compliance with the outcome of the proceeding within six months of its conclusion. It also noted there its tentative conclusion that the record in that proceeding "supports relaxation of the geographic scope of the duopoly rule from its current Grade B overlap standard to a standard based on DMAs supplemented with a Grade A overlap criterion." Television Ownership Second Further Notice, 11 FCC Rcd at 21681. The Commission further stated that "we do not believe granting waivers satisfying the proposed standard, and conditioning them on the outcome of this proceeding, will adversely affect our competition and diversity goals in the interim." Id. Additionally, the Commission gave the staff delegated authority to act on applications seeking waivers consistent with this interim policy. 10. Based on the Commission's interim ownership policy outlined in the Television Ownership Second Further Notice, we believe that grant of a conditional waiver of the duopoly rule in this case, subject to the outcome of the pending ownership proceeding, is justified. Because the two stations are in separate DMAs and the stations' Grade A contours do not overlap, the temporary common ownership of stations WOOD-TV and WEYI-TV would be consistent with the interim policy set forth in the Television Ownership Second Further Notice. Moreover, our examination of the record presented here reveals nothing suggesting that we should not follow the established interim policy in this case. Accordingly, we conclude that grant of a temporary waiver, conditioned on the applicant coming into compliance with the outcome of the pending television ownership rulemaking proceeding within six months of its conclusion, will serve the public interest, convenience and necessity. Any request to extend the conditional waiver should be filed at least 45 days prior to the end of the six-month period and will be closely scrutinized. ONE-TO-A-MARKET WAIVER 11. The proposed acquisition of station WOOD-TV by WOOD License Co. would create a television-radio ownership combination inconsistent with the Commission's one-to-a-market rule since Hicks would control a television/three AM radio/four FM radio combination in the Grand Rapids DMA. As noted above, supra  3, Hicks already ultimately controls the existing AM radio/FM radio combination consisting of the Grand Rapids and Battle Creek Stations, whose cities of license are encompassed by station WOOD-TV's Grade A contour. For this reason, Hicks has requested a waiver of the Commission's one-to-a-market rule for the proposed television-radio combination, to be conditioned upon the outcome of the Television Ownership Second Further Notice. 12. The Commission has established standards for waiver of its one-to-a-market rule pursuant to the Second Report and Order in MM Docket 87-7, 4 FCC Rcd 1741 (1988) (Second Report and Order), recon. denied in part and granted in part, 4 FCC Rcd 6489 (1989) (Second Report and Order Recon.). In accordance with these standards, the Commission presumptively favors requests involving: (1) stations serving the top 25 markets where at least 30 separately owned, operated and controlled stations will remain following the proposed combination; or (2) "failed" stations, i.e., stations which have not been operational for a substantial period of time or are involved in bankruptcy proceedings. If a waiver request does not meet either of these two presumptive waiver standards, then the request must be evaluated under the case-by-case standard. 47 C.F.R.  73.3555(c), n.7. Hicks submits his waiver request pursuant to the case-by-case standard because the Grand Rapids DMA is not among the top 25 markets, and none of the subject stations are failed stations. 13. Under the case-by-case standard, the Commission makes a public interest determination by weighing five factors: (1) the potential public benefits of joint operation of the facilities, such as 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 market in light of the level of competition and diversity after the joint operation is implemented. See Second Report and Order, 4 FCC Rcd at 1753. We note that not all of the five factors are necessarily relevant in every case. See Second Report and Order Recon., 4 FCC Rcd at 6491. 14. Waiver Showing: Benefits of Joint Operation. First, Hicks maintains that its proposed acquisition of station WOOD-TV will result in economic efficiencies, programming enhancements and other public interest benefits which justify grant of the requested one-to-a-market waiver. Specifically, Hicks asserts that the proposed ownership combination of station WOOD-TV and the Grand Rapids and Battle Creek Stations will yield economic efficiencies and cost savings totalling approximately $268,216 per year. This figure is based on annual cost savings of: (1) $1,500 by the Grand Rapids and Battle Creek Stations from credit and collection agency costs through a discount in the commission paid by station WOOD-TV to such agencies for the collection of bad debts; (2) $13,000 by station WOOD-TV from the cost of producing promotional and public service announcements by having announcers from the Battle Creek and Grand Rapids Stations do the voice-overs; (3) $15,000 from the bulk purchase of promotional items and advertising, such as outdoor advertising; (4) $15,500 by station WOOD-TV from advertising agency commissions and production costs for radio advertising placed directly on the Grand Rapids and Battle Creek Stations and produced using the facilities of those stations; (5) $36,816 by the Grand Rapids and Battle Creek Stations from using station WOOD-TV's weather, news and/or local traffic and information sources; (6) $30,000 by the Grand Rapids Stations from production costs for television advertising produced using station WOOD-TV's production facilities; (7) $50,000 by the Grand Rapids Stations from advertising agency commissions and costs by placing their advertising directly on the radio stations; (8) $106,400 by the Grand Rapids stations from limited staff reductions made possible through the use of station WOOD-TV's news programming service. 15. According to Hicks, the monetary savings which the television and radio stations will realize by combining their news and weather resources will allow the stations to enhance those services. Hicks further asserts that the common ownership of station WOOD-TV and the Grand Rapids and Battle Creek Stations will produce public interest benefits of a non-programming nature through the joint promotions of community events. In particular, the television and radio stations together will be able to promote local events such as: (1) Angel Tree, a Salvation Army event held to benefit needy children; (2) CMN Champions, a telethon benefiting children's medical care; (3) Unsung Heroes, an event benefiting Girl Scouts, Boy Scouts, Jaycees and the Urban League; (4) the March of Dimes fund raiser walk; (5) the Juvenile Diabetes fund raiser walk; and (6) various fund raising and other activities conducted throughout the year to benefit the American Cancer Society and increase public awareness. Hicks anticipates still another benefit in the prospective joint efforts of station WOOD-TV and the Grand Rapids and Battle Creek Stations to strengthen their equal opportunity programs by sharing information on job openings, recruitment sources and applicant referrals. 16. Types of Facilities. Next, Hicks discusses the types of facilities involved in the proposed television/three AM radio/four FM radio station combination. Hicks begins with a description of station WOOD-TV, a VHF station operating with 316 kW effective radiated visual power (ERP) from an antenna height at 302 meters above average terrain (HAAT). That station, Hicks indicates, competes with nine other television stations in the Grand Rapids market, one having comparable technical facilities, station WZZM(TV) (Channel 3, CBS), and with another having superior facilities, station WWMT(TV) (Channel 13, ABC), to those of station WOOD- TV. 17. In describing the Grand Rapids Stations, Hicks states that stations WGRD-FM and WLHT(FM) are Class B FM stations, with station WGRD-FM operating at 13.0 kW from an antenna at 180 meters HAAT, and station WLHT(FM) operating at 40.0 kW from an antenna at 168 meters HAAT. Station WTRV(FM) is a Class A FM station operating at 3.5 kW ERP from an antenna at 92 meters HAAT. The remaining Grand Rapids Station, station WNWZ(AM), is a Class B AM station which operates at 1.0 kW during the daytime and .048 kW at night. Hicks indicates that the Grand Rapids Stations compete with 31 other FM and 20 other AM stations in the Grand Rapids television metro market. Of the competing FM radio stations, Hicks states that 14 have superior facilities to those of station WGRD-FM, ten have comparable and three have superior facilities to those of station WLHT(FM), and four have comparable and 18 have superior facilities to those of station WTRV(FM). As for the competing AM radio stations, Hicks maintains that eight have comparable facilities and seven have superior facilities to those of station WNWZ(AM). 18. With regard to the Battle Creek Stations, Hicks describes station WBXX(FM) as a Class A FM station which operates at 3.0 kW ERP from an antenna at 82 meters HAAT, WBCK(AM) as a Class III AM station which operates at 5 kW during the daytime and 1.0 kW at night and WRCC(AM) as a Class IV AM station operating at 1.0 kW ERP daytime and nighttime. Compared to the other FM radio stations in the Grand Rapids television metro market, Hicks asserts, four stations have comparable and 21 stations have superior facilities to those of WBXX(FM). Of the AM radio stations, five have comparable facilities to those of WBCK(AM), whereas eight have comparable and seven have superior facilities to those of WRCC(AM). Hicks contends that, because neither station WOOD-TV's facilities nor those of the Grand Rapids and Battle Creek Stations are the strongest in the Grand Rapids DMA, the proposed combination could not dominate the market from a technical standpoint. Hicks further argues that the technical strength of the proposed combination does not present issues of market dominance inconsistent with the public interest given the significant level of competition in the Grand Rapids DMA. 19. Other Media Interests. Hicks owns no other media outlets in the Grand Rapids DMA, although LIN has a local marketing agreement (LMA) with station WOTV(TV) (Channel 41, ABC), Battle Creek, Michigan. According to Hicks, however, the Commission has determined that "it will not accord significance" to an existing television LMA in evaluating a one-to-a-market waiver. S.E. Licensee G.P., 11 FCC Rcd 16727, 16732 (1996). 20. Financial Difficulties. Hicks states that none of the television and radio stations involved in its one-to-a-market waiver request is experiencing financial difficulties. Nevertheless, Hicks asserts, not all of the case-by-case factors are relevant in every case, and the Commission has previously granted numerous one-to-a-market waiver requests despite the fact that the subject stations were not in financial distress. 21. Competition and Diversity in the Market. The final factor Hicks addresses concerns the nature of the relevant market vis-a-vis the Commission's concerns about diversity and competition. In doing so, Hicks argues that its proposed ownership combination of station WOOD-TV and the Grand Rapids and Battle Creek Stations will have no significant adverse effect on diversity and competition given the many other competing voices in the Grand Rapids DMA. Specifically, Hicks maintains that ten television stations are licensed to the Grand Rapids DMA, and 23 AM and 36 FM radio stations are licensed to communities in the Grand Rapids television metro market. These 69 broadcast stations, Hicks states, are licensed to 36 separate owners. Hicks also points to a wide variety of alternative media in the Grand Rapids DMA, which includes 15 daily newspapers, 41 weekly publications, 27 cable operators with a cable penetration of 62 percent, 11 low power television stations and two MDS operators. This level of diversity, Hicks contends, is within the bounds of that considered in one-to-a-market waiver requests previously granted by the Commission. 22. Hicks further claims that the proposed television-radio combination will not economically dominate the Grand Rapids area. Hicks notes that stations WGRD-FM, WLHT(FM), WTRV(FM) and WNWZ(AM) are located in the Grand Rapids Arbitron market, the 66th largest market, while stations WBXX(FM), WBCK(AM) and WRCC(AM) are located in the Battle Creek Arbitron market, the 229th largest market. Although this existing seven radio station combination garners 29.35 percent of the combined revenues for the Grand Rapids-Battle Creek Arbitron markets, Hicks asserts, that amount does not economically dominate the combined markets in view of Clear Channel Communications, Inc.'s interest in six radio stations which receive 37.78 percent of the advertising revenue in those markets. Furthermore, Hicks argues, the proposed transaction will not impact economic concentration in the Grand Rapids-Battle Creek Arbitron markets since no new radio groups will be created. Nor does station WOOD-TV dominate the Grand Rapids DMA economically, Hicks maintains, even though that station receives 28.4 percent of the advertising revenue, the largest advertising share in that market. This is so, Hicks suggests, because WWMT(TV), the local CBS affiliate, follows closely with a 26.3 percent advertising share, and WZZM-TV, the ABC affiliate, has a 23.5 percent advertising share. In determining that the instant transaction will result in a combined television and radio advertising share of 26 percent, Hicks asserts that this amount is well within levels the Commission has previously approved. To mitigate further any concerns the Commission may have about competition in the affected markets, "Hicks pledges to maintain distinct, competitive sales staffs at its commonly owned stations during the duration of this waiver." 23. Discussion. Turning to the substance of Hicks' one-to-a-market waiver request, we will follow the policy established in recent one-to-a-market waiver cases where the radio component of a proposed combination exceeds those permitted prior to the adoption of the Telecommunications Act of 1996. See Triathlon Broadcasting of Little Rock Licensee, Inc., 12 FCC Rcd 13907 (MMB 1997); S.E. License G.P., 11 FCC Rcd at 16732-33; Shareholders of Citicasters, Inc., 11 FCC Rcd 19135, 19143 (1996). In such cases, the Commission has declined to grant permanent waivers of the one-to-market rule, and instead has granted temporary waivers conditioned on the outcome of related issues raised in the television ownership rulemaking proceeding. Television Ownership Second Further Notice, 11 FCC Rcd at 21689. In fact, Hicks has requested a waiver of the one-to-a-market rule conditioned on the outcome of the Television Ownership Second Further Notice. We conclude that, on balance, Hicks' showing in support of its request for waiver of the one-to-a-market rule meets our case-by-case criteria, and that grant of a conditional waiver in this instance would not adversely affect competition and diversity in the Grand Rapids market. 24. With respect to the first factor, the potential public interest benefits of joint ownership, the Commission considers the public interest benefits that will result from the proposed television-radio combination, such as projected economies of scale, cost savings, and programming and service benefits. Second Report and Order, 4 FCC Rcd at 1753. In this regard, Hicks has demonstrated that the proposed television-radio combination will produce economic benefits and cost savings of approximately $268,216 per year resulting from, inter alia, cross-promotions of the radio and television stations, shared professional services, shared administrative services and shared use of facilities for production and advertising purposes and the Grand Rapids and Battle Creek Stations' access to station WOOD-TV's weather, news and/or local traffic and information sources. These are precisely the type of efficiencies the Commission anticipated from the joint ownership of radio and television stations in the same market. See Second Report and Order, 4 FCC Rcd at 1746-1747. In addition, such efficiencies and annual cost savings will translate into enhanced news and weather resources services on station WOOD- TV and the Grand Rapids and Battle Creek Stations, and will provide further public service benefits through those stations' joint sponsorship and promotion of major community events and charitable causes. 25. As for the second factor of our analysis, the types of facilities involved, the Commission endeavors to predict and avoid any significant adverse effect on diversity or competition from too powerful a combination. Great American Television and Radio Co., 4 FCC Rcd 6347, 6349 (1989). While the technical facilities of station WOOD-TV and the Grand Rapids and Battle Creek Stations are significant, we find that, given the substantial competition in the Grand Rapids market, the television/three AM radio/four FM radio combination does not present issues of market dominance inconsistent with the public interest. Station WOOD-TV competes with nine television stations in the Grand Rapids DMA, two of which have comparable or superior technical facilities. Further, of the nine competing stations, two are VHF stations affiliated with the CBS and ABC television networks, two are UHF stations affiliated with the WB and Fox television networks and five are UHF, independent stations. The radio stations also face substantial competition from 31 other FM radio and 20 other AM radio stations licensed to communities in the Grand Rapids television metro market. In addition, a large number of the competing radio stations have superior and/or comparable facilities to those of the Grand Rapids and Battle Creek Stations. As we have noted elsewhere, "as the level of diversity and competition in a market increases, our concerns grounded in technical strength of the combining facilities decrease." Louis DeArias, 11 FCC Rcd 3662, 3666 (1996). Along this vein and as discussed infra  28, the Grand Rapids DMA has a significant level of diversity due to the presence of numerous competing television and radio stations in the market, as well as a wide variety of alternative media. 26. In turning to the third waiver factor, Hicks owns no other media interests in the Grand Rapids DMA, though LIN has an existing LMA with station WOTV(TV). As Hicks correctly states, under our current policy, television LMAs are not attributable to the brokering station, nor, taken alone, are they considered a "meaningful" relationship within the scope of our cross-interest policy. S.E. Licensee G.P., 11 FCC Rcd at 16732. Accordingly, we have not, and we will not here, give significance to an existing television LMA when evaluating an one-to-a-market waiver request. We caution, however, that our decision here in no way prejudges the issues in our ownership and attribution proceedings. Further Notice of Proposed Rulemaking in MM Docket Nos. 94-150, 92-51 and 87-154, 11 FCC Rcd 19895, 19908-11 (1996); and Television Ownership Second Further Notice, 11 FCC Rcd 21693. Should 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. Because this is a pending issue, we will condition the one-to-a-market waiver granted here on the ultimate result reached in the pending rulemaking proceedings in attribution and television ownership concerning the significance and the grandfathering of television LMAs. See New City Communications, Inc., 12 FCC Rcd 3929, 3939 (1997). Again, any request to extend the six- month period being afforded Hicks should be filed at least 45 days prior to the end of that period. 27. Regarding the fourth waiver factor, Hicks acknowledges that none of the stations involved in its waiver request is experiencing financial difficulties. We note here, as we did supra  20, that not all of the case-by-case factors are relevant in every case. See Second Report and Order Recon., 4 FCC Rcd at 6491. In fact, the Commission has previously granted one-to-a- market waivers where there was no finding that any of the stations were in financial distress. See, e.g., S. E. Licensee G.P., 11 FCC Rcd at 16734; Stockholders of Infinity Broadcasting, 12 FCC Rcd 5012, 5052 (1996). 28. Finally, in addressing the fifth waiver factor, Hicks has shown that the proposed television-radio combination will not compromise diversity in the Grand Rapids DMA, the 37th largest television market in the country. Hicks has no other media interests in the Grand Rapids market, and our review of its showing confirms that, upon grant of these applications and excluding station WOOD-TV, and the Grand Rapids and Battle Creek Stations, the Grand Rapids market will be served by nine other television stations, 20 other AM radio stations and 31 other FM radio stations. Furthermore, of these 60 broadcast stations, the Grand Rapids market will be served by 35 separately-owned broadcast "voices." Because grant of these applications will continue an existing radio combination, there will be no decrease in the level of diversity among the radio stations in the Grand Rapids television metro market. In addition, Hicks has demonstrated that a wide variety of other media serves the Grand Rapids DMA, including 15 daily newspapers, 41 weekly publications, 27 cable operators with a 62 percent cable penetration and 11 low power television stations. 29. As for economic concentration and competition, our independent analysis indicates that the existing radio combination consisting of the Grand Rapids and Battle Creek Stations garners 29.9 percent of the combined revenues in the market, while station WOOD-TV garners 28.4 percent of television advertising revenue. Although station WOOD-TV has the largest share of television advertising revenue, two other stations run close behind, with stations WWMT(TV) and WZZM-TV having 26 percent and 23.2 percent of the advertising shares, respectively. The instant transaction will result, moreover, in a combined television and radio advertising share of 28.8 percent. This level of combined advertising revenue is consistent with revenue levels approved in other temporary, conditional one-to-a-market waivers. See, e.g., S.E. Licensee G.P., 11 FCC Rcd at 16734 (40.4 percent of radio advertising revenue and 24.2 percent of combined television and radio advertising revenue in the 42nd ranked market); Triathlon Broadcasting, 12 FCC Rcd at 13913 (44.02 percent of radio advertising revenue and 24.97 percent of combined television and radio advertising revenue in the 57th ranked market). In view of these considerations, we find that the level of economic concentration resulting from the proposed television-radio combination, while not insubstantial, does not pose a significant risk to competition in the market. 30. Based on the record, we conclude that approval of a temporary, conditional waiver of the one-to-a-market rule is warranted. Grant of the waiver will result in cost savings and economic efficiencies, which will enable the television and radio stations to enhance their news and weather services. Additionally, station WOOD-TV and each of the Grand Rapids and Battle Creek Stations compete with numerous technically comparable and/or superior facilities in a market that is well-served by a significant number of independent voices and a variety of other media. For these reasons, we are persuaded that the public interest benefits resulting from the common-ownership of station WOOD-TV and the Grand Rapids and Battle Creek Stations in the Grand Rapids market would outweigh any negative effect on diversity and competition, and that grant of a temporary, conditional waiver of the one-to-a-market rule is justified. CONCLUSION 31. Having determined that the applicants are qualified in all respects, we find that grant of the applications to assign the licenses of television station WOOD-TV and low power television stations WOKZ-LP, Kalamazoo, WOMS-LP, Muskegon, WOWD-LP and W27BY, Grand Rapids, from LCH Communications, Inc. to WOOD License Company, L.L.C. will serve the public interest, convenience and necessity. 32. ACCORDINGLY, IT IS ORDERED, That the request for a conditional waiver of the television duopoly rule, Section 73.3555(b) of the Commission's rules, to permit the common ownership of television stations WOOD-TV, Grand Rapids, Michigan and WEYI-TV, Saginaw, Michigan IS GRANTED, subject to the outcome of the Commission's pending broadcast television ownership rulemaking in MM Docket Nos. 91-221 and 87-8. Should divestiture be required as a result of that proceeding, the licensee is directed to file, within six months from the release of the final order in MM Docket Nos. 91-221 and 87-8, an application for Commission consent to dispose of such station as would be necessary for it to come into compliance with the rules as provided in the final order. 33. IT IS FURTHER ORDERED, That the request for a conditional waiver of the Commission's one-to-a-market rule, Section 73.3555(c), to permit common ownership of radio stations WBCK(AM), WBXX(FM), WRCC(AM), Battle Creek, Michigan, WLHT(FM), WGRD- FM, WNWZ(AM), Grand Rapids, Michigan, WTRV(FM), Walker, Michigan and television station WOOD-TV, Grand Rapids, Michigan, IS GRANTED, subject to the outcome of the Commission's pending television ownership rulemaking in MM Docket nos. 91-221 and 87-8, and the pending broadcast attribution rulemaking in MM Docket Nos. 94-150, 92-51 and 87-154. Should divestiture be required as a result of those proceedings, the licensees are directed to file, within six months from the release of the final orders, an application for Commission consent to dispose of such station(s) as would be necessary for them to come into compliance with the rules as provided in the final orders. 34. IT IS FURTHER ORDERED, That the applications for consent to assignment of licenses of WOOD-TV, Grand Rapids, Michigan, WOKZ-LP, Kalamazoo, WOMS-LP, Muskegon, WOWD-LP and W27BY Grand Rapids, Michigan from LCH Communications, Inc. to WOOD License Company, L.L.C., File Nos. BALCT-980421IA and BALTTL-980429IA-ID, ARE GRANTED. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau