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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 Applications of ) File Nos: BALH-990726GV ) BALH-990726GW Magic Media, Inc. ) (Assignor) ) ) and ) ) Entravision Holdings, LLC )(Assignee) ) ) For Assignment of Licenses of ) KATH(FM), KOFX(FM), ) El Paso, Texas ) MEMORANDUM OPINION AND ORDER Adopted: October 19, 1999 Released: October 22, 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 applications for assignment of the license of KATH(FM) and KOFX(FM), El Paso, Texas, from Magic Media, Inc. to Entravision Holdings, LLC ("Entravision"); and (2) a related request for a waiver of the Commission's one-to-a-market rule, which restricts common radio and television station ownership in the same market. Background 2. In 1997, Entravision became the licensee of UHF Television Station KINT(TV) (Channel 26, Univision) and radio stations KINT-FM, and KSVE(AM), all El Paso, Texas, pursuant to a permanent waiver of the one-to-a-market rule. See Paso del Norte Broadcasting Corporation, 12 FCC Rcd 6876 (1997). Grant of the instant assignment applications would expand the existing radio-television combination because the 1 mV/m contours of the stations to be acquired entirely encompasses El Paso, the community of license of KINT(TV). Consequently, Entravision has requested a waiver of the Commission's one-to-a-market rule to permit common ownership of one TV, one AM, and three FM stations in the El Paso, Texas, Designated Market Area ("DMA"), the nation's 99th largest DMA. For the reasons set forth below, we grant the assignment applications and a temporary conditional waiver of our one-to-a market rule subject to 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) ("Report and Order"). 3. Entravision 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 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. Second Report and Order, 4 FCC Rcd at 1753-54. In support of its waiver request, Entravision submits a showing which addresses each of the five factors. Discussion 4. Radio Ownership Rules. We find that Entravision's acquisition of KATH(FM) and KOFX(FM) 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, Entravision's acquisition of the subject radio stations would be consistent with the public interest. 5. One-to-a-Market Waiver. Based on our independent analysis of Entravision'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 El Paso market. See, e.g., Butler Broadcasting Co., Ltd., 13 FCC Rcd 12410 (MMB 1998)(20 "voices" in 60th ranked market); Triad Skywaves, Inc., 12 FCC Rcd 6102 (MMB 1997) (22 "voices" in 46th ranked market). ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, that 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 KINT(TV), KATH(FM), KINT-FM, KOFX(FM), and KSVE(AM), El Paso, Texas, IS GRANTED, subject to Entravision Holdings, LLC'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). 7. IT IS FURTHER ORDERED, that, having found the applicants fully qualified and that grant of the applications would serve the public interest, the applications to assign the licenses of KATH(FM) and KOFX(FM), El Paso, Texas, from Magic Media, Inc. to Entravision Holdings, LLC (File Nos. BALH- 990726GV/GW) ARE HEREBY GRANTED. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau