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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 ) ) WMHT Educational ) Telecommunications ) (Assignor) ) ) and ) File No. BALCT-990525IA ) Facility ID No. 73264 WMHQ L.L.C. ) (Assignee) ) ) For Consent to the Assignment of the ) License for Station WMHQ(TV), ) Schenectady, New York ) MEMORANDUM OPINION AND ORDER Adopted: September 3, 1999 Released: September 7, 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 application seeking consent to assign the license for station WMHQ(TV) (Channel 45, IND), Schenectady, New York, from WMHT Educational Telecommunications (WMHT) to WMHQ L.L.C. 2. Another subsidiary of WMHQ L.L.C.'s ultimate parent corporation, the Tribune Company (Tribune), is the licensee of WTIC-TV (Channel 61, Fox), Hartford, Connecticut. The predicted Grade B contour of stations WMHQ and WTIC-TV overlap. This combination would violate the Commission's existing television local ownership (or duopoly) rule, which prohibits the common ownership of television stations whose Grade B contours overlap. 47 C.F.R.  73.3555(b). To resolve this potential violation, Tribune seeks a waiver of the duopoly rule. 3. Tribune notes that in the Second Further Notice of Proposed Rulemaking in MM Docket No. 91-221 (Review of the Commission's Regulations Governing Television Broadcasting), 11 FCC Rcd 21655 (1996) (Television Ownership Second Further Notice), the Commisssion adopted an interim policy applicable to waivers of the television duopoly rule. The policy stated that the Commission would be inclined to grant waivers of the rule, conditioned upon the outcome of the rulemaking proceeding, only where the television stations to be commonly owned were located in separate Designated Market Areas (DMAs) and there was no Grade A contour overlap between them. Tribune therefore seeks a conditional waiver of the duopoly rule with respect to the WMHQ/WTIC combination. Tribune provided a complete showing under our existing precedent to justify grant of a conditional waiver of the duopoly rule. DISCUSSION 4. As Tribune noted, at the time the subject application was filed, we followed an interim policy that permitted conditional waiver of the duopoly rule, subject to the outcome of the then- pending local television ownership proceeding, only where the stations to be commonly owned were licensed to separate DMAs and there was no Grade A overlap between them. Television Ownership Second Further Notice, 11 FCC Rcd at 21681. On August 5, 1999, however, the Commission adopted a Report and Order in the local television ownership proceeding, revising the duopoly rule to permit common ownership of two television stations located in separate DMAs regardless of contour overlap between them. 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). The proposed transaction appears to comply with the new rules as the stations are located in separate DMAs - WHMQ in the Albany-Schenectady-Troy DMA and WTIC-TV in the Hartford & New Haven DMA. These rules, however, are not yet in effect. Nonetheless, given the Commission's decision and the apparent compliance of Tribune's ownership combination with the new rules, it is no longer appropriate to follow the interim policy in disposing of Tribune's waiver request. Rather, we believe that we should afford Tribune a temporary waiver and the opportunity to make a showing, if it so elects, that it could retain the stations under our new rules once they become effective. Accordingly, we will grant Tribune a temporary waiver of the local television ownership rule, subject to compliance with the requirements of the ownership order when those requirements come into effect. CONCLUSION 5. Having determined that the applicants are qualified in all respects, we find that grant of the application to assign the license of television station WMHQ(TV), Schenectady, New York, from WMHT Educational Telecommunications to WMHQ L.L.C. will serve the public interest, convenience and necessity. 6. Accordingly, IT IS ORDERED, That the request for a temporary waiver of the duopoly rule, Section 73.3555(b), to permit the common ownership of television stations WMHQ(TV), Schenectady, New York, and WTIC-TV, Hartford, Connecticut, IS GRANTED, subject to Tribune'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). 7. IT IS FURTHER ORDERED, That the application for consent to the assignment of license for station WMHQ(TV), Schenectady, New York, from WMHT Educational Telecommunications to WMHQ L.L.C. (File No. BALCT-990525IA) IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau