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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 ) ) Liberty Temple Full Gospel Church, Inc.,) Debtor-in-Possession ) (Assignor) ) ) and ) File No. BAL-971117EG ) WCFJ, Inc. ) (Assignee) ) ) For Consent to the Assignment of License ) of Station WCFJ(AM), Chicago Heights, Illinois) ) ) WSBC Broadcasting, L.L.C. ) (Assignor) ) ) and ) File No. BAL-971118EA ) WSBC, Inc. ) (Assignee) ) ) For Consent to the Assignment of License ) of Station WSBC(AM), Chicago, Illinois) MEMORANDUM OPINION AND ORDER Adopted: February 23, 1998 Released: February 23, 1998 By the Chief, Mass Media Bureau: 1. The Commission, by the Chief, Mass Media Bureau, acting pursuant to delegated authority, has before it: the above-captioned applications to: (1) assign the license of station WCFJ(AM), Chicago Heights, Illinois, from Liberty Temple Full Gospel, Church Inc., Debtor-in-Possession, to WCFJ, Inc.; and (2) assign the license of station WSBC(AM), Chicago, Illinois from WSBC Broadcasting, L.L.C. to WSBC, Inc. WCFJ, Inc. and WSBC, Inc. (collectively, the "Assignee") are commonly owned. Since Assignee's principals also own and operate UHF television station WPWR(TV), Gary, Indiana (UPN affiliate), whose Grade A contour encompasses both WCFJ's and WSBC's city of license, grant of the subject assignment applications would create a new radio-television combination that requires waiver of 47 C.F.R. 73.3555(c), the Commission's one-to-a-market rule. The parties request a permanent waiver of the rule. Both the applications and the waiver request are unopposed. 2. Assignee bases its waiver request on the one-to-a-market standards adopted in the Second Report and Order in MM Docket No. 87-7, 4 FCC Rcd 1741 ("Second Report and Order"), recon. granted in part and denied in part, 4 FCC Rcd 6489 (1989) ("Second Report and Order Recon."). In accordance with these standards, the Commission presumptively favors waiver requests involving stations serving the top 25 markets where at least 30 separately owned, operated, and controlled broadcast licensees or "voices" would remain after the proposed combination ("top 25/30 voice" standard). The Commission also favors requests involving "failed stations," that is, stations that have not been operating for a substantial period of time (four months or more) or are involved in bankruptcy proceedings. Other waiver requests must be evaluated under the more rigorous case-by-case approach. See 47 C.F.R. 73.3555(c) n. 7. Assignee notes that Chicago is the country's third largest television and radio market. It also states that following consummation of the proposed transaction there will be 58 separately owned, operated, and controlled broadcast licensees in the Chicago market, including 10 television, 18 AM and 30 FM stations. With respect to WCFJ, Assignee also notes that the station is in Chapter 11 bankruptcy and has been silent since March of 1997. 3. Although Assignee here proposes to acquire two same-service stations in the Chicago market, the 5 mV/m signals of those two stations do not overlap. Therefore, the Commission's local radio ownership rules are not implicated in this transaction, and we may proceed under the presumptive waiver standard listed in note 7 to Section 73.3555(c). See Memorandum Opinion and Order in MM Docket No. 91-140, 7 FCC Rcd 6387, 6394 n. 40 (1992); Moosey Communications, Inc., 8 FCC Rcd 5247 (1993) (consideration of one-to-a-market waivers under case-by-case standard is appropriate when impact of local radio ownership rules is relevant). Assignee does not own any other broadcast or media interests in the Chicago market. 4. Our independent analysis confirms that more than 30 independent broadcast voices will continue to serve the third-ranked Chicago DMA after consummation of the transactions proposed here. Additionally, in light of the facts that WCFJ is currently in bankruptcy proceedings and that the station has been silent since March 13, 1997, the applicants have demonstrated that WCFJ meets the Commission's criterion for a "failed station." See Carlos J. Lastra, Trustee, 10 FCC Rcd 7163 (1995); KEXB, Inc., Debtor, 7 FCC Rcd 3209 (1992). 5. In view of these findings, we find that the applicants have met the necessary standard to receive a waiver under the "top 25/30 voice" standard (for both WCFJ and WSBC) and under the "failed station" standard (for WCFJ) and that waiver is warranted. Additionally, having determined that the applicants are otherwise qualified, we find that grant of the assignment applications will serve the public interest, convenience, and necessity. 6. Accordingly, IT IS ORDERED, That the request for permanent waiver of the Commission's one to a market rule, 47 C.F.R. 73.3555(c), to allow common ownership and operation of WPWR(TV), Gary, Indiana, WCFJ(AM), Chicago Heights, Illinois, and WSBC(AM), Chicago, Illinois, IS GRANTED. IT IS FURTHER ORDERED, That the application (File No. BAL-971117EG) to assign the license of station WCFJ(AM), Chicago Heights, Illinois, from Liberty Temple Full Gospel, Church, Inc., Debtor-in-Possession, to WCFJ, Inc. IS GRANTED, and the application (File No. BAL-971118EA) for assignment of the license of station WSBC(AM), Chicago, Illinois, from WSBC Broadcasting, L.L.C. to WSBC, Inc. IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau