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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 ) ) Tennessee Christian Radio, Inc. ) (Assignor) ) ) and ) File No. BAL-981110EA ) Flinn Broadcasting Corp. ) (Assignee) ) ) For Assignment of License of ) Station WSFZ(AM), Memphis, Tennessee) ) MEMORANDUM OPINION AND ORDER Adopted: August 10, 1999 Released: August 10, 1999 By the Chief, Mass Media Bureau: 1. The Commission, by the Chief, Mass Media Bureau, acting pursuant to delegated authority has under consideration: (1) the above-captioned application for assignment of the license of WSFZ(AM), Memphis, Tennessee, from Tennessee Christian Radio, Inc., to Flinn Broadcasting Corp. ("Flinn"); and (2) a related request for a temporary, conditional waiver of 47 C.F.R.  73.3555(c), the Commission's one-to-a-market rule, which restricts common radio and television ownership in the same television market. The application and waiver request are unopposed. Background 2. Flinn is the licensee of PAX network affiliate UHF television station WPXX(TV) (Channel 50), Memphis, Tennessee and radio stations WHBQ(AM), Memphis, Tennessee, WOWW(AM), Germantown, Tennessee, KXHT(FM), Marion, Arkansas, and WKSL(FM), Germantown, Tennessee. In 1995, a permanent waiver of the one-to-a-market rule was granted to allow Flinn's ownership of UHF station WPXX(TV) (formerly WFBI(TV)), WHBQ(AM), WOWW(AM) and KXHT(FM). Big Ben Communications, Inc., 10 FCC Rcd 8129 (1995). Additionally, in 1997, Flinn was granted a permanent one-to-a-market waiver to add WKSL(FM) (formerly WJOI(FM)) to the already existing combination. Omni Broadcasting Company, 12 FCC Rcd 9717 (1997). 3. Grant of the instant assignment application would expand the existing radio-television station combination because the Grade A contour of WPXX(TV) encompasses Memphis, Tennessee, the community of license of WSFZ(AM). Consequently, Flinn has requested a temporary conditional one-to-a-market waiver to permit common ownership of one TV, three AM and two FM stations in the Memphis Designated Market Area ("DMA"), the nation's 42nd largest DMA. For the reasons set forth below, we grant the assignment application and a temporary conditional waiver of our one-to-a-market rule subject to compliance with the requirements set forth in Review of the Commission's Regulations Governing Television Broadcasting, Report and Order, MM Docket No. 91-221, FCC 99-209 (released August 6, 1999) ("Report and Order"). 4. Flinn bases its request on the "case-by-case" one-to-a-market waiver standards adopted in the Second Report and Order in 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). 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 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 support of its waiver request, Flinn has submitted a showing which addresses each of the five factors. Discussion 5. Radio Ownership Rules. We find that Flinn's acquisition of WSFZ(AM) complies with the local radio ownership rule's numerical limits. Additionally, we find that the applicants are fully qualified and our review of the record reveals no other circumstances that would preclude grant of the application under our rules. Accordingly, we conclude that, with respect to local radio ownership, Flinn's acquisition of WSFZ(AM) would be consistent with the public interest. 6. One-to-a-Market Waiver. Based on our independent analysis of Flinn's showing, we find that grant of a temporary conditional one-to-a-market waiver, subject to compliance with the requirements set forth in the Report and Order, is consistent with our precedent and will result in economic efficiencies and facilitate enhanced public interest programming without undue adverse effect on competition or diversity in the Memphis market. See, e.g., Maximum Media, Inc., 12 FCC Rcd 3391 (1997) (32 "voices" in 52nd largest market); S.E. Licensee G.P., 11 FCC Rcd 16728 (1996) (27 "voices" in 42nd largest market). ORDERING CLAUSES 7. Accordingly, IT IS ORDERED, that the request for a temporary conditional waiver of the Commission's one-to-a-market rule, 47 C.F.R.  73.3555(c), to permit common ownership of stations WSFZ(AM), WHBQ(AM) and WPXX(TV), Memphis, Tennessee; WOWW(AM) and WKSL(FM), Germantown, Tennessee; and KXHT(FM), Marion, Arkansas, IS GRANTED subject to Flinn's compliance with the procedures set forth in Review of the Commission's Regulations Governing Television Broadcasting, Report and Order, MM Docket No. 91-221, FCC 99-209 (released August 6, 1999). 8. IT IS FURTHER ORDERED, that, having found the applicants fully qualified and that grant of the application would serve the public interest, the application to assign the license of station WSFZ(AM), Memphis, Tennessee, from Tennessee Christian Radio, Inc., to Flinn Broadcasting Corp. (File No. BAL- 981110EA), IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau