Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In re Applications of           )
                                )
Arthur B. McBride, Jr.          )
(Transferor)                    )
                                )
and                             )  File Nos. BTCCT-990318IA 
                                   )             BTC-990318IB
                                  )              BTCH-990318IZ   
                                  )              BTC-990318ID
                                )
Various McBride Family Trusts          )     
(Transferees)                          )         
                                  )
For Consent to the Transfer of Control of     )
Fort Myers Broadcasting Company, )
the Licensee of Stations:       )
                                  )     
WINK-TV, Fort Myers, Florida    )  
WINK(AM), Fort Myers, Florida          ) 
WINK-FM, Fort Myers, Florida    )
WTLQ(AM), Pine Island Center, Florida)


                  MEMORANDUM OPINION AND ORDER

   Adopted:  August 19, 1999            Released:  August 20, 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: (1) the above-captioned, uncontested applications seeking consent to
transfer control of Fort Myers Broadcasting Company ("Fort Myers Broadcasting") from Arthur B.
McBride, Jr. to various McBride Family Trusts; and (2) a related request for continued permanent
waiver of the Commission's one-to-a-market rule, 47 C.F.R.  73.3555(c), which restricts common
television and radio ownership in the same television market.  


                           Background

     2.   Fort Myers Broadcasting, owned by the McBride family, has been the licensee of
television station WINK-TV, Channel 11 (CBS), Fort Myers, Florida; AM radio station WINK(AM),
Fort Myers, Florida; and FM radio station WINK-FM, Fort Myers, Florida since 1964.  This
combination was therefore grandfathered when the one-to-a-market rule was adopted in 1975.  See
Second Report and Order in Docket No. 18110, 50 FCC 2d 1046, 1054 (1975). Because common
ownership of same market television and radio stations is now prohibited by the Commission's one-to-
a-market rule, Fort Myers Broadcasting requested and was granted permanent waiver of that rule in
1995 in order to add WTLQ(AM), Pine Island Center, Florida to this combination. See Network
Properties of American, Ltd., 10 FCC Rcd 12413 (1995).  In order to continue operating this
broadcast station combination upon transfer of control of Fort Myers Broadcasting, the proposed
transferees request continued permanent waiver of the one-to-a-market rule. 

     3.  Fort Myers Broadcasting bases its request on the "case-by-case" one-to-a-market waiver
standards adopted in the Second Report and Order in MM Docket 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 the case-by-case standard, the Commission makes a
public interest determination based upon the following criteria:  (1) the potential public service
benefits of joint 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 market in light of the level of competition and diversity after the
joint operation is implemented.  Second Report and Order, 4 FCC Rcd at 1753-54. In support of its
waiver request, Fort Myers Broadcasting has submitted a showing which addreses each of the five
factors.  For the reasons stated below, we will grant the application for transfer of control and the
request for continued permanent waiver of our one-to-a-market rule.   

                           Discussion
                                 
     4.        Based on our analysis of the record, we conclude that our continued approval of
waiver of the one-to-a-market rule for this one television/two AM/one FM station combination is
consistent with Commission precedent. See, e.g., Network Properties of American, Ltd., 10 FCC Rcd
at 124119-20 (1995).  Grant of the continued one-to-a-market waiver will maintain the cost savings
and economic efficiencies that have enabled the television and radio stations to enhance their news
and weather services, and provide public service to the Fort Myers market, the 83rd largest DMA. 


                         ORDERING CLAUSES

     5.   Having determined that the applicants are qualified in all respects, we find that grant of
the applications to transfer control of Fort Myers Broadcasting Company from Arthur B. McBride,
Jr. to various McBride Family Trusts will serve the public interest. 

     6.  ACCORDINGLY, IT IS ORDERED, That the request for a continued waiver of the
Commission's one-to-a-market rule, Section 73.3555(c), to permit common ownership of radio
stations WINK(AM), WINK-FM, Fort Myers Florida, WTLQ(AM), Pine Island Center, Florida and
television station WINK-TV, Fort Myers, Florida, IS GRANTED.

     7.   IT IS FURTHER ORDERED, That the applications for consent to transfer control of Fort
Myers Broadcasting Company from Arthur B. McBride, Jr. to various McBride Family Trusts, ARE
GRANTED.

     

                         FEDERAL COMMUNICATIONS COMMISSION
                         
                         
                         
                         Roy J. Stewart
                         Chief, Mass Media Bureau