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

In re Application of            )
                                )
SHOCKLEY COMMUNICATIONS         )  File No. BPCT-960610KH
CORPORATION                     )  Facility ID No. 64550
                                )
For Modification of Facilities of)     
Television Station WQOW-TV      )                           
Eau Claire, Wisconsin           )  
                                   
                                 
                   MEMORANDUM OPINION AND ORDER

   Adopted:  September 20, 1999         Released:  September 22, 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 unopposed application of Shockley
Communications Corporation (SCC) for modification of the licensed facilities of station WQOW-TV,
Channel 18 (ABC), Eau Claire, Wisconsin.  Since the Grade B contour of station WQOW-TV would
overlap that of commonly owned WAOW-TV, Channel 9, Wausau, Wisconsin, grant of the
modification application would violate the Commission's existing television local ownership (or
duopoly) rule.  47 C.F.R.  73.3555(b).  To resolve this potential violation, SCC seeks waiver of the
duopoly rule.

     2.  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 Commission 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 overlap between them.  SCC therefore seeks a conditional
waiver of the duopoly rule with respect to the WQOW-TV/WAOW-TV combination.  SCC provided
a complete showing under our existing precedent to justify grant of a conditional waiver of the
duopoly rule.

                         DISCUSSION   

     3.  As noted above, 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).  The proposed
modification appears to comply with the new rules as the stations are located in separate DMAs -
WQOW-TV in the LaCrosse-Eau Claire DMA and WAOW-TV in the Wausau-Rhinelander DMA. 
These rules, however, are not yet in effect.  Nonetheless, given the Commission's decision and the
apparent compliance of SCC's ownership combination with the new rules, it is no longer appropriate
to follow the interim policy in disposing of SCC's waiver request.  Rather, we believe that we should
afford SCC 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 SCC
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

     4.  Having determined that the applicant is qualified in all respects, we find that grant of the
application to modify the facilities of WQOW-TV, Eau Claire, Wisconsin will serve the public
interest, convenience and necessity.

     5.  Accordingly, IT IS ORDERED, That the request for a temporary waiver of the duopoly
rule, Section 73.3555(b), to permit the overlap of the Grade B contours of station WQOW-TV and
WAOW-TV, IS GRANTED, subject to SCC's compliance with the requirements and 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).

     6.  IT IS FURTHER ORDERED, That the application of Shockley Communications



Corporation for modification of the licensed facilities of station WQOW-TV, Channel 18, Eau Claire,
Wisconsin (File No. BPCT-960610KH) IS GRANTED.  

                              FEDERAL COMMUNICATIONS COMMISSION



                              Roy J. Stewart
                              Chief, Mass Media Bureau