WPCcd 2HB3X@ Z3|J (TT)Times New Roman (TT)Times New Roman (Bold) (TT)"5@^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777CE7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SAxSf.fExSxSxSxo7oE]A]AN:*LS7JSSSSS.4}}S2S}277JJS77SS7J72t7[[[[^ee*C`^.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSSHP LaserJet 4/4M II NTX)HPLAS4.WRSSC\  P6Q,,2%RP2F z9X3|JTimes New Roman (TT)Times New Roman (Bold) (TT)Roman  P6Q,,.%[PTimes New Roman (TT)Times New Roman (Bold) (TT)RomanTimes New Roman (Italic) (TT)2xvpkl S- I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#Xj\  P6G; DXP##&J\  P6Q &P#a8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  2 k tv t a5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  a7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# 2 5  r  a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` a3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# 2   k3a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# 2e5a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p Tech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technicala1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . 2sa6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   2LK 3a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)Documentg2~egPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:toc 8\D4@6 toc 8lE! =(!^D4*!')\D.E2?@!(#` hp x (#toc 9\D5@6 toc 9lE! =(!^D5*!')\D.E3AB!(#B` hp x (#2@42952M;62=7?index 1D6@6 index 1lE! =(!^D6*!')\D.E4CD` !(# ` hp x (#index 2D7@6 index 2lE! =(!^D7*!')\D.E5EF` !(#B` hp x (#toa heading@6 toa heading! =(!^D8*!')\D.E6GH!(# ` hp x (#captionD9@6 captionlE! =(!^D9*!')\D.E7EI;J#x6X@KX@##b6X@C@#2=F8@9A:CB@B_Equation Ca@6 _Equation Caption!^D:*!')\D.E8;K;L#x6X@KX@##b6X@C@#Default Paragraph FoDefault Paragraph Font911#Xv6X@CX@##b6X@C@#_Equation Caption_Equation Caption:11#Xv6X@CX@##b6X@C@#"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd2oSXoF@I@L@/Py.C8*XC\  P6QP7PC2X DXP\  P6QXP 2J=.X &J\  P6Q&P.2N=.X7&N4  pQ&CCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^.=K\\!==\g.=.3\\\\\\\\\\33gggQzzpf=Gpfzfpp=3=V\=Q\Q\Q=\\33\3\\\\=G3\\\\QX%Xc.====IK=\\QQQQQzzQpQpQpQpQ=3=3=3=3\\\\\\\\\\Q\\\\\f\\QQzQzQzQpQpQpQ\\\\\\I\=\===\G\p3pK\\\z=zKfGfGN@.S\=Q\\\\\39\7\7==QQ\==\\=Q=7t=eeeegoo.Ijg2Z\\yeCpj`vZefeloPpPj`e~~tro.=K\\!==\g.=.3\\\\\\\\\\33gggQzzpf=Gpfzfpp=3=V\=Q\Q\Q=\\33\3\\\\=G3\\\\QX%Xc=\Q\\=f===QQ@\=G=.=\\\\%\=3\g=\Ie77=jS.=79\Qzpppp====gf\QQQQQQzQQQQQ3333\\\\\\\e\\\\\\\"5@^.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=j\=\fQfQ=\f3=f3f\ffQG=f\\\QH(H_.====IK=\f\\\\\QzQzQzQzQG3G3G3G3f\\\\ffff\\f\\\\pf\\\QQQzQzQzQ\\\\ffIfGfG=Gf\fz3zKff\QQfGfGN@.c\=\\\\\\7<\7\7==\\\==\\=\=7t=eeeeioo.Iji2Z\\yeCpj`vZefeloPpPj`e~~tro.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=j\=\fQfQ=\f3=f3f\ffQG=f\\\QH(H_=\\\\=f===\\@\=G=.=\\\\(\=7\i=\Ie77=jc.=7<\\zzzzGGGGipf\\\\\\QQQQQ3333\f\\\\\e\ffff\f"5@^%-77\V%%7>%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155<%%%%,-%77O1O1O1O1O1bII1C1C1C1C1%%%%O7O7O7O7O7O7O7O7O7O7O1O7O7O7O7O7=7O7O1O1I1I1I1C1C1C1O7O7OO7O7O7O7,7%7%%%7+O7CC-O7O7O7bOI%I-=+=+N&27%177777"SS7!TT7S!%%117n%%77ln%1n%!t%<<<<>mBBs,?>[N6Wms[77UUUH_%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155%T7,OOOOOO=7111111I111117777777<77777772`ZS@V@!Z\a]y.C8*XC\  P6QP7PC2X DXP\  P6QXP 2J=.X &J\  P6Q&P.!2N=.X7&N4  pQ&"P,%X)J,\  P6QJP#y.K8?X3qK\  P@QPI(!XI,(\  P6Q,P(((((((?(?SO_c(88?g(g(WOOOOOOOOOO((_g_GkOWSWSO[_,;WGc[WWWWOK_O_OSO888WO(OSKSK3KW,,S,WOSOCC;WG_OKG8 8_(((((((((((((((((((((((((((((((((((KOOS,SWOOOOOOO,gOO(K;((OOOOOOGOOOOOOOSSSSS,,,,W[WWWWWOW____SSWOOOOOOwKKKKK,,,,OWOOOOOGOWWWWKS"5@^?(?SO_c(88?g(g(WOOOOOOOOOO((_g_GkOWSWSO[_,;WGc[WWWWOK_O_OSO888WO(OSKSK3KW,,S,WOSOCC;WG_OKG8 8_((((W,E(OWOOOOOOOOOOOwSKSKSKSKSK,,,,,,,,[WWOWOWOWO_W_W_W_W(KOOWSWOWOSKWOSSOOWWOOSKSKSKSKWWSK[K[O[[K[K_W_W,WWW,,,W;WSG,GE[W[WWW((WCWEOC((N((;S(GOOOS(OOOOKOOOOOO(((((((((((((((OOtOg[[GOee*,KO.wROOn[CfxKxWlRx[][ceIfIs`Wx[rriwge((((((((((((((((((((((((((((((((?(?SO_c(88?g(g(WOOOOOOOOOO((_g_GkOWSWSO[_,;WGc[WWWWOK_O_OSO888WO(OSKSK3KW,,S,WOSOCC;WG_OKG8 8_(((((((((((((((((((((((((((((((((((KOOS,SWOOOOOOO,gOO(K;((OOOOOOGOOOOOOOSSSSS,,,,W[WWWWWOW____SSWOOOOOOwKKKKK,,,,OWOOOOOGOWWWWKS"5@^!)22SN!!28!2222222222888,\HCCH=8HH!'H=YHH8HC8=HH^HH=!!/2!,2,2,!222N2222!'22H22,006!!!!()!22H,H,H,H,H,YCC,=,=,=,=,!!!!H2H2H2H2H2H2H2H2H2H2H,H2H2H2H2H282H2H,H,C,C,C,=,=,=,H2H2HH2H2H2H2(2!2!!!2'H2==)H2H2H2YHC!C)8'8'N#-2!,22222KK2LL2K!!,,2d!!22bd!,d!t!77778c<C. DeArias, Receiver, 11 FCC Rcd 3662, 3667 (1996) ("DeArias"); See also Review of the Commission's  yO -  Regulations Governing Television Broadcast Ownership, Second Further Notice of Proposed Rulemaking, MM  yO-  Docket Nos. 91221 and 878, 11 FCC Rcd 21655, 21689 n.130 (1996)("Second Further NPRM"). No new or novel   issues are presented here and the stations involved are located in the MinneapolisSt. Paul designated market area,  yOx-which is ranked 14th in the country.#&J\  P6Q &P#$X81Í ÍX01Í ÍX01Í ÍX81Í Í"@, * *,,]"Ԍ ԙ2. CBS, which proposes to acquire two radio stations in the Minneapolis market, is also the   klicensee, through its subsidiaries, of radio stations WCCO(AM) and WLTE(FM) and VHF television  S-  station WCCOTV, all licensed to Minneapolis.@L yOz -  #C\  P6QP##X\  P6G;qP##C\  P6QP#э#C\  P6QP# We previously granted CBS a permanent waiver of the Commission's onetoamarket rule which allowed  yOB -  xcommon ownership of these stations in the Minneapolis market. See In Re Applications of Stockholders of CBS  yO -  KInc., 11 FCC Rcd. 3733 (1995). Additionally, through its subsidiaries, CBS is also the licensee of VHF television   stations KCCOTV, Alexandria, MN, and KCCWTV, Walker, MN, both of which are satellites of CBSowned   xWCCOTV. Note 5 to 47 C.F.R.  73.3555 generally exempts from application of the multiple ownership rules,  yOb -  including the onetoamarket rule, those television stations that are satellite operations. See Television Satellite  yO*-  iStations Review of Policy and Rules in MM Docket No. 878, 6 FCC Rcd 5010 (1991). See also, Second Further  yO-  NPRM, 11 FCC Rcd 21655 (1996). Additionally, the relevant contours of the subject radio stations do not   encompass the communities of either of the satellite stations and, likewise, neither of the satellite television stations'   Grade A contour encompasses the community of license of either of the subject radio stations. Thus, a waiver of  yOJ- 73.3555(c) was not requested, and is not necessary, with respect to KCCOTV or KCCWTV. See supra note 2. Grant of the subject assignment applications would   create a new radio-television station combination because the predicted 2 mV/m contour of KSGS(AM)   and the predicted 1 mV/m contour of KMJZ(FM) both completely encompass Minneapolis, the community  S-  of license of WCCOTV.WL yOA-  ,#C\  P6QP##X\  P6G;qP##C\  P6QP#э#C\  P6QP# Moreover, the Grade A contour of WCCOTV entirely encompasses St. Louis Park, the community of license of both KSGS(AM) and KMJZ(FM).W Accordingly, CBS requests a waiver of the Commission's rules to permit   common ownership of WCCOTV, KSGS(AM) and KMJZ(FM). If CBS is permitted to acquire   !KSGS(AM), KMJZ(FM) it will control a total of one TV, two FM and two AM stations in the   /Minneapolis St. Paul, Minnesota, Designated Market Area ("DMA"), the 14th largest DMA in the country.  S- 3. CBS bases its waiver request on the one-to-a-market waiver standards adopted in Second   Report and Order, Amendment of Section 73.3555 of the Commission's Rules, the Broadcast Multiple  Si -  Ownership Rules, 4 FCC Rcd 1741 (1989) ("Second Report and Order"); recon. granted in part and denied  S6 -  in part, 4 FCC Rcd 6489 (1989) ("Second Report and Order Recon."). Under these standards, the   Commission presumes that waiver of the rule will serve the public interest in cases involving television   and radio station combinations in the top 25 markets where at least 30 separately owned, operated and  S -  controlled broadcast licensees, or "voices," would remain after the proposed combination. Second Report  Sj-  [and Order, 4 FCC Rcd at 1751-52. The Commission also presumes that the public will be served by the   jacquisition of "failed" stations, i.e., stations that have not been operating for a substantial period of time,   or that are involved in bankruptcy proceedings. 47 C.F.R.  73.3555, n.7(2). Other waiver requests are  S-evaluated using more rigorous case-by-case criteria, also set forth in the Second Report and Order.  @4. Although the DMA implicated here is the 14th largest in the country, we will consider the   subject waiver request under the case-by-case standard because the proposed transactions involve the  S-  common ownership of more than one same-service radio station with a television station. See Revision  S-  of Radio Rules and Policies (Recon.), 7 FCC Rcd 6387, 6394 n. 40 (1992); see also Moosey",l(l(,,"  S-  /Communications, Inc., 8 FCC Rcd 5247 (1993). Under the case-by-case standard, we make a public   Linterest 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  S-  [market in light of the level of competition and diversity after the joint operation is implemented. Second  S-  Report and Order, 4 FCC Rcd at 1753-54. We note that not all five of the case-by-case factors are  S-  {necessarily relevant in each case. Second Report and Order Recon., 4 FCC Rcd at 6491. CBS has submitted a showing that addresses each of the criteria.  S-  5. Public Service Benefits of Joint Operation. CBS contends that the proposed combination   of WCCOTV, WCCO(AM), WLTE(FM), KSGS(AM) and KMJZ(FM) "would enhance the overall ability   lof [its] free overtheair television and radio stations to meet their public service obligations in the   competitive MinneapolisSt. Paul marketplace." Specifically, CBS estimates that as a result of purchasing   and promotional efficiencies, the proposed acquisition of KSGS(AM) and KMJZ(FM) would yield an   [annual savings of $300,000. CBS claims that these cost savings and operational efficiencies will generate   substantial public service and programming benefits in the MinneapolisSt. Paul market. In this regard,   CBS states that KSGS(AM) and KMJZ(FM) will have access to the public affairs and news gathering resources of WCCOTV, as well as WCCOTV's production facilities and personnel.  6. CBS anticipates that cooperation between WCCOTV's weather and news reporters and   -KSGS(AM) and KMJZ(FM) will provide a "deeper and richer news product for the listeners of [the radio]   stations and will extend the reach of WCCOTV's reporting "to a more diverse and extensive audience."   =CBS also explains that CBS's resources will be used to "enhance the current public affairs programming"  S8-  jon KSGS(AM) and KMJZ(FM). Specifically, CBS indicates that WCCOTV's specialty reporters (i.e.,  S-  medical, legal, environmental and business reporters) would be available to appear on KSGS(AM) and   =KMJZ(FM)'s public affairs program "Dialogue" which provides commentary and analysis on the issues   of economic and political concern to the Minneapolis area. In addition, KSGS(AM) and KMJZ(FM) may   rebroadcast a portion of the public affairs programming of WCCOTV. Moreover, CBS intends to provide   ito KSGS(AM) and KMJZ(FM) its "Parents Guide to Children's Educational Television," an onair program   guide that provides parents with scheduling and content information for CBS television network   kprogramming that addresses the educational and informational needs of children. CBS states that this programming is broadcast on CBS radio stations in markets where it also owns a television station.  @7. CBS further states that KSGS(AM) and KMJZ(FM) will have access to CBS's significant   media resources and thus will be able to enhance their community outreach services. In addition, CBS   =will devote increased resources to "comprehensive media campaigns [to meet] the special needs of many   local organizations" such as "Minnesota Foodshare" which raises awareness and funds for the area's   homeless population and "Taste of the Nation" which raises funds for area foodbanks. Moreover, CBS   .explains that the coordinated effort of the radio and television stations in the proposed combination will   significantly increase the audience and the area to which information concerning such public service campaigns and events is disseminated.  8. CBS also anticipates other public interest benefits from the addition of KSGS(AM) and   .KMJZ(FM) to its radiotelevision combination in MinneapolisSt. Paul. In this regard, CBS states that   =the Equal Employment Opportunity Programs of KSGS(AM) and KMJZ(FM) will be augmented. For   example, KSGS(AM) and KMJZ(FM) will have access to the WCCOTV job candidate pool, and will be   lable to enhance the effectiveness and reach of their recruitment of female and minority applicants.   Moreover, CBS notes its proposal, made in connection with the Commission's approval of its merger with   ?American Radio Systems, to conduct six job fairs in various markets where it has radiotelevision"=',l(l(,,+"  S-  .combinations, in order to recruit qualified minority and female candidates. See Shareholders of American  S-  Radio Systems Corporation, 13 FCC Rcd 12430 (MMB 1998). These job fairs will be a cooperative effort   ybetween CBS and the Minority Media and Telecommunications Council ("MMTC"). MMTC will have   ?the opportunity to collect resumes of job candidates participating in the fairs and will enter these   candidates into a national job bank database operated by MMTC. CBS will extend the benefits of this   ycooperative effort with the MMTC to the stations in its radiotelevision combination in MinneapolisSt. Paul, and states that one of the six job fairs may be conducted in MinneapolisSt. Paul.  |9. CBS also points to its pledge, also made in connection with the approval of its merger with   American Radio Systems, to develop a relationship with a United Negro College Fund member institution  S-  that has a mass media program. Id at  37. CBS states that if a suitable United Negro College Fund   member institution is identified in MinneapolisSt. Paul, the benefits of this arrangement will be extended to KSGS(AM) and KMJZ(FM).  S6 - 10. Types of Facilities /Other Media Outlets. WCCOTV is a CBS affiliate operating on VHF   \Channel 4 at a power of 100 kw from an antenna 436 meters height above average terrain ("HAAT").   WLTE(FM) is a Class C station that operates on Channel 275 (102.9 MHz) with an effective radiated   power ("ERP") of 100 kw from an antenna 315 meters HAAT. WCCO(AM) is a fulltime Class A station   that operates on 830 kHz with a transmitted power of 50 kw from a nondirectional antenna. KMJZ(FM)   Lis a Class C1 station that operates on Channel 281 (104.1 MHz) with an ERP of 89 kw from an antenna   315 meters HAAT. KSGS(AM) is a fulltime Class B station that operates on 950 kHz with a transmitted power of 1 kw with different daytime and nighttime directional antenna patterns.  011. CBS asserts that the facilities of the proposed combination are comparable to a large number   of other stations licensed to communities in the immediate Minneapolis area. Specifically, CBS lists four   other comparable commercial VHF television stations, including an ABC, an NBC and a Fox affiliate, as   well as an ABCaffiliated UHF station, each of which is licensed to a community in the immediate area. CBS also lists nine comparable FM and 5 comparable AM radio stations.  S9- k 12. Economic Status. CBS does not assert that any of the radio stations involved in this waiver request is in financial distress.  S-  13. Competition and Diversity in the Market. CBS asserts that the MinneapolisSt. Paul   DMA, the country's 14th largest, is diverse and highly competitive. CBS states that the market is   currently served by 42 separately owned, operated and controlled broadcast operators. Specifically, CBS   states that the market is served by 42 commercial and 14 noncommercial radio stations (25 AM and 31   -FM) licensed to 34 separate owners. Additionally, CBS asserts that there are 17 television stations serving   zthe market licensed to 11 separate owners. CBS also states that 52% of the households in the market   jreceive cable television and that the area is served by several MMDS facilities. Finally, CBS asserts that   the MinneapolisSt. Paul market is served by numerous print media outlets, including 11 daily newspapers and 3 local weekly publications.  S!-PJ Discussion ă  S<#-  14. Radio Ownership Rules. We turn first to CBS's compliance with our local radio ownership  S $-  rules which, as mandated by the Telecommunications Act of 1996, impose numerical restrictions on the   number of radio stations in the same service and on the number of radio stations overall that may be"$,l(l(,,n("  S-  @commonly owned in any given radio market."L yOh-#C\  P6QP##X\  P6G;qP##X\  P6G;qP##C\  P6QP#э#C\  P6QP# Pub. L. No. 104104,  202(b), 110 Stat. 56 (1996)." The relevant radio market is defined as the area   [encompassed by the principal community contours of the mutually overlapping stations proposed to be  S-  yco-owned. See Broadcast Radio Ownership, 11 FCC Rcd 12368, 12370 (1996); Revision of Radio Rules  Sg-  and Policies, 7 FCC Rcd 6387, 6395 (1992). Under the local radio ownership rules, as amended by the  S4-  zTelecommunications Act of 1996, a party may own, operate, or control: (1) up to 8 commercial radio   stations -- not more than 5 of which are in the same service -- in a radio market with 45 or more   commercial radio stations; (2) up to 7 commercial radio stations -- not more than 4 of which are in the   same service -- in a radio market with 30-44 commercial radio stations; (3) up to 6 commercial radio   stations -- not more than 4 of which are in the same service -- in a radio market with 15-29 commercial   radio stations; and (4) up to 5 commercial radio stations -- not more than 3 of which are in the same   jservice -- in a radio market with 14 or fewer commercial radio stations, except that a party may not own,  S-  joperate, or control more than 50 percent of the stations in such market. Broadcast Radio Ownership, 11  S -FCC Rcd 12368 (1996). See also Telecommunications Act of 1996,  202(b).  015. Our analysis of the data CBS has submitted indicates that all four of the radio stations in the   proposed combination, WCCO(AM), WLTE(FM), KSGS(AM) and KMJZ(FM), have mutually overlapping   -principal community contours and therefore the defined radio market is the composite of the four contours.   CBS has submitted the required showing indicating that the relevant radio market contains at least eight   radio stations. Under our rules, a party may own, operate, or control up to five commercial radio stations,   not more than three of which are in the same service, in any size market, provided that the party may not   own, operate, or control more than 50 percent of the stations in a market with 14 or fewer commercial  S-  radio stations. See 47 C.F.R.  73.3555(a)(1). Thus, even with a minimum of eight stations in the   relevant local radio market, CBS's proposal to control four commercial radio stations (2 AM and 2 FM)   does not constitute more than 50 percent of the stations in the market. Our independent analysis of CBS's   showing confirms that its acquisition of KSGS(AM) and KMJZ(FM) complies with the numerical limits   of the local radio ownership rules. Moreover, our review of the record in this case reveals no other   circumstances that would preclude grant of the applications under the radio ownership rules. We conclude   Lthat, with respect to local radio ownership, CBS's acquisition of KSGS(AM) and KMJZ(FM) would be consistent with the public interest.   S- . 16. One-to-a-Market Waiver. CBS requests waiver of our one-to-a-market rule on the basis that  S-  it satisfies our case-by-case criteria, as set forth in the Second Report and Order. See Revision of Radio  S-  Rules and Policies (Recon.), 7 FCC Rcd 6387, 6394 n. 40 (1992)(consideration of onetoamarket waivers   under the casebycase standard is appropriate when the transaction involves ownership of more than one  S:-  sameservice radio station). See also REP WWBB G.P., 11 FCC Rcd. at 19689; Moosey  S-  Communications, Inc., 8 FCC Rcd 5247 (1993). At the outset, we note that the pending television   ownership proceeding, in which the Commission is considering eliminating or modifying the one-to-a-   market rule, does not preclude consideration of CBS's request for a permanent one-to-a-market waiver.  Sn-  MIn the Second Further NPRM in the television ownership proceeding, we stated that waiver requests   submitted pending resolution of the proceeding will be considered under the current criteria for evaluating  S -  such requests. Second Further NPRM, 11 FCC Rcd at 21689 n.130. Thus, the Second Further NPRM   contemplates approval of permanent, unconditional waivers to allow radio-television combinations that do   not propose common ownership of stations exceeding a combination of one television station, two AM   stations and two FM stations, as long as the requested waivers are clearly consistent with Commission  S<#-  precedent. See id. CBS's proposed combination of one VHF television station and two FM and two AM   radio stations is consistent with that approach. In evaluating a request for a waiver of the one-to-a-market   [rule, the Commission's goal "is to permit the public to benefit from such efficiencies of operation as may"$X,l(l(,,}("   be achieved through the use of common facilities and staff consistent with the maintenance of diversity  S-  and vigorous competition within the market areas involved." Second Report and Order Recon., 4 FCC   .Rcd at 6491. We conclude that CBS's showing in support of a waiver of the one-to-a-market rule meets   our case-by-case criteria, and that a permanent waiver in this instance is consistent with the public interest and would not have an adverse effect on diversity and competition in the MinneapolisSt. Paul market.  17. As to the first factor, the potential public service benefits of joint ownership, the Commission   considers the public service benefits that could result from the proposed radiotelevision combination, such  Sh-  as projected economies of scale, cost savings, program and service benefits. Second Report and Order,   4 FCC Rcd at 1753. CBS demonstrates that acquisition of KSGS(AM) and KMJZ(FM) will create   efficiencies resulting in significant cost savings and the potential for enhanced programming and service   benefits. In particular, CBS represents that it will save approximately $300,000 through joint ownership   due to purchasing and promotional efficiencies. The news and public affairs programming on KSGS(AM)   =and KMJZ(FM) will be improved by virtue of those stations gaining access to the resources of WCCO  TV. In addition, CBS will broadcast its "Parents Guide to Children's Educational Television   Programming" on KSGS(AM) and KMJZ(FM). Moreover, the combined station operations will result in   expanded community service projects and campaigns. CBS has also pledged to include MinneapolisSt.   Paul as a potential site for one of the six job fairs that it intends to conduct in order to recruit qualified   minority and female job applicants and will also consider whether there is a United Negro College Fund   member institution in MinneapolisSt. Paul which can be partnered with one of its radio and television   stations. Therefore, we find that CBS will achieve explict programming and public service benefits as a result of its proposed radiotelevision combination.  18. The second factor in our analysis concerns the types of facilities that the merged entity will   own. We must "consider such factors as whether the proposed radiotelevision combination involves a   UHF or VHF television station or an AM or FM radio station as well as the size and class of the stations  S-  involved." Second Report and Order, 4 FCC Rcd at 1753. With respect to types of facilities and other   media outlets, CBS's station WLTE(FM) is a Class C station and our analysis shows that there are at least   seven additional, comparable Class C commercial FM stations in the market. Additionally, each of the   ythese Class C stations is more powerful than the FM station that CBS seeks to acquire KMJZ(FM)  S-  which operates as a Class C1 station.<L Sn-  xԍ #C\  P6QP#We note that the pending construction permit application for KMJZ(FM)(BPH980619IF) proposes a new  SF-auxiliary transmitter and therefore does not alter our analysis.#&J\  P6Q &P# < Our analysis also shows that there is at least one other comparable   Class C1 commercial FM stations in this market. With respect to WCCO(AM), which is a fulltime Class   A station, there is at least one additional comparable commercial AM station in the market and with   Lrespect to KSGS(AM), which is a fulltime Class B station, there are at least five other comparable Class   kB stations in the market. There are also at least three Class B AM stations with comparable daytime   power and reduced nighttime power. Our independent analysis also shows that there are two network  affiliated VHF stations in the DMA in addition to CBS's WCCOTV, each with area coverage comparable   yto WCCOTV. We therefore conclude that the technical capabilities of the proposed combination do not present issues of market dominance inconsistent with the public interest.  19. Under the third factor, CBS will not own media outlets other than those listed in its waiver   request. With respect to financial conditions under the fourth factor, as stated earlier, CBS has not   claimed that any of the stations in the proposed combination is in financial distress. However, we  So"-  previously have indicated that not all five factors need be present to justify grant of a waiver. Second  S<#-  Report and Order Recon., 4 FCC Rcd at 6491. We also have granted a number of one-to-a-market  S $-  =waivers where there was no finding that any of the stations were in financial distress. See, e.g., Louis C." $@,l(l(,,'"  S-  DeArias, 11 FCC Rcd 3662 (1996); Alta Gulf FM Inc., 10 FCC Rcd 7750, 7751 (1995), Henry  S-  Broadcasting Co., 11 FCC Rcd 1175 (1995); Atlantic Morris Broadcasting, Inc., 10 FCC Rcd 9495 (1995);  S-Secret Communications Ltd., 10 FCC Rcd 6874 (1995).  ]20. Finally, under the fifth factor of our analysis, regarding the level of competition and diversity   in the MinneapolisSt. Paul market, the nation's 14th largest, we find that the proposed combination would   >not create undue concentration of ownership and control. Indicia of the level of diversity include the   number of broadcast outlets, the number of separately-owned and operated "voices" in the market, and the  Sh-  presence of cable and non-broadcast media. DhL yO-  #C\  P6QP##C\  P6QP##C\  P6QP#э In order to determine the number of radio and television broadcast stations in the context of a onetoamarket   Ywaiver, the Commission considers "the relevant TV metro market for radio stations and the relevant ADI [Arbitron  yO` -  Area of Dominant Influence] TV market for radio stations." Second Report and Order, 4 FCC Rcd at 1760 n.101.   However, because Arbitron no longer compiles television ADI data, we will accept instead CBS's showing using the   Nielsen Designated Market Area (DMA) in determining the number of broadcast "voices" in the markets at issue in  {O -  its onetoamarket waiver requests. See Media/Communications Partners L.P., 10 FCC Rcd 8116, 8116117, n.3  {O -  (1995); see also Review of the Commission's Regulations Governing Television Broadcast Ownership, MM Docket Nos. 91221 and 877, 10 FCC Rcd 3524, 3539 n.59 (1995). Taking into account the proposed radiotelevision   jcombination and based on our independent analysis we find that there are 43 commercial (23 AM and 20  S-  FM)) L yOv-  Z#C\  P6QP##C\  P6QP#э Our independent analysis of CBS's showing, based on Commission records and information contained in the   BIA Publications, Inc. MasterAccess Radio Analyzer database, demonstrates that CBS incorrectly included radio   station KIKVFM, Alexandria, MN (Douglas County), which is located outside the MinneapolisSt. Paul television   metro market. However, we have included KZNR(FM), Lakeville, MN, although it was omitted from CBS's  yO-  showing. Additionally, we have included WCTS(AM), Maplewood, MN, in our count of commercial stations. See  yO^-infra note 11.) and 11 noncommercial radio stations (9 FM and 2 AM) L L yO-  K#C\  P6QP#э Our independent analysis of CBS's showing, based on Commission records and information contained in the   BIA Publications, Inc. MasterAccess Radio Analyzer database, demonstrates that CBS incorrectly included radio   stations KDNI(FM), Duluth, MN (St. Louis County), and WHWC(FM), Menomonie, WI (Dunn County), both of   which are outside the MinneapolisSt. Paul television metro market. Additionally, WCTS(AM), Maplewood, MN, is not licensed as a noncommercial educational station and is not included in our count of noncommercial stations. for a total of 54 radio stations serving the   MinneapolisSt. Paul TV metro market. There are also 4 commercial VHF television stations including   WCCOTV, (two of which operate as satellites) and 8 commercial UHF stations (two of which operate   as satellites) for a total of 12 commercial television stations in the market. Additionally, there are five noncommercial television stations (three VHF and two UHF) in the market.  21. After consummation of the proposed transactions, we find the MinneapolisSt. Paul market   will be served by 71 radio and television broadcast stations, representing 41 independent "voices." There   =are also numerous other media outlets available in this market, including cable (52% penetration), and 11   daily and several weekly local newspapers. This level of diversity is consistent with the level we have  S-  approved in previous waiver requests. Shareholders of Citicasters, Inc., 11 FCC Rcd 19135, 19140 (1996)  S-  (31 separate voices, nine daily newspapers, 58.9% cable penetration in 29th largest market); S.E. Licensee,  S-  ?G.P., 11 FCC Rcd 16728, 16731 (1996) (27 separate voices, nine daily newspapers, 58.1% cable  Sk-  penetration in 42nd largest market); Great American Television and Radio Co., Inc., 4 FCC Rcd 6347, 6348-6350 (33 separate voices, 21 daily newspapers and 50% cable penetration in 28th largest market).  022. With respect to economic concentration and competition, our independent analysis indicates" ,l(l(,,"   that the four radio stations at issue in the one-to-a-market waiver request, WCCO(AM), WLTE(FM),   KSGS(AM) and KMJZ(FM), receive 27% of the radio advertising revenue in the MinneapolisSt. Paul   market and that WCCOTV captures 28% of the television advertising revenue. Together, the WCCOTV   and the subject radio stations receive a combined television and radio advertising revenue share of 28%.  S4-  These figures are consistent with one-to-a-market waiver requests previously approved. See e.g. NewCity  S-  Communications, Inc., 12 FCC Rcd 3929 (1997) (32% radio advertising revenue share and 29% combined television and radio advertising share).  P23. We conclude, based on the record, that grant of a permanent waiver is appropriate. A   significant number of independent broadcast voices serve the market, and the stations to be commonly   owned compete with technically comparable facilities. Moreover, grant of the waiver will result in cost   savings and enhanced service to the communities served by the stations. On balance, we are persuaded   that the public benefits to be derived from common ownership of the subject stations would outweigh any   negative effect on competition and diversity, and therefore conclude that grant of a permanent waiver of the one-to-a-market rule is justified.  S -I6 Conclusion ĐlU  24. Having determined that the applicants are qualified in all respects, we find that grant of the   kassignment applications will serve the public interest, convenience and necessity. Accordingly, IT IS   =ORDERED, that the request for permanent waiver of the Commission's one-to-a-market rule, 47 C.F.R.   ks 73.3555(c) to permit common ownership of WCCOTV, WCCO(AM), WLTE(FM), Minneapolis,   Minnesota, KSGS(AM), and KMJZ(FM), St. Louis Park, Minnesota IS GRANTED. IT IS FURTHER   ORDERED, that the applications to assign the license of KSGS(AM) and to assign the license and   construction permit of KMJZ(FM), St. Louis Park, Minnesota, from Citicasters Co. to The Audio House, Inc. (File Nos. BAL-980610GE & BAPLH980610GF) ARE GRANTED.  ` `  hh,FEDERAL COMMUNICATIONS COMMISSION ` `  hh,Roy J. Stewart ` `  hh,Chief, Mass Media Bureau