Federal Communications Commission DA 99-637

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

In re Application of ) ) R. Steven Hicks ) (Assignor) ) ) and ) File No. BAPH-98071 JGG ) Capstar TX Limited Partnership ) (Assignee) ) ) For Assignment of License of ) KFMK(FM). Round Rock, )

MEMORANDUM OPINION AND ORDER

Adopted: April 1, 1999 Released: April 1, 1999

By the Chief. Mass Media Bureau:

I. The Commission, by the Chief, Mass Media Bureau, acting pursuant to delegated authority, has before it: (I ) the above-captioned unopposed application for the assignment of the construction permit of KFMK(FM), 1 Round Rock, Texas from R. Steven Hicks to Capstar TX Limited Partnership ("Capstar TX'.); and (2) a related request for a conditional waiver of the Commission·s one-to-a-market rule, 47 C.F.R. §73.3555(c), which restricts common ownership of a radio station and a television station in the same market.1 For the reasons set forth below, we grant the assignment application and a temporary conditional waiver of our one-to-a-market rule.3

2. Capstar TX is controlled, through several intermediate subsidiaries. by Thomas 0. Hicks

1 KFMK(FM) has a pending license to cover the construction permit. File No. BLH-9808 I 8KB.

= Section 73.3555(c) of the Commission's rules prohibits the common ownership of radio and television stations in the same market if the 2 mV/m contour of an AM station or the 1 mV/m contour of an FM station encompasses the entire community of license of a television station or, conversely, if the Grade A contour of a television station encompasses the entire community of license of an AM or FM station.

; The Commission has delegated to the Mass Media Bureau authority to act on uncontested one-to-a-market waiver requests involving stations in the top 100 television markets and that present no new or novel issues. Louis C. DeArias. Receiver. 11 FCC Red 3662, 3667 (1996); see also Review ofthe Commission "s Regulations Governing Television Broadcast Ownership, Second Further Notice of Proposed Rule Making, MM Docket Nos. 91-221 and 87-8. 11 FCC Red 21655, 21689 n.130 (1996) C-'Second Further NPRM''). The instant waiver request presents no new or novel issues~ and the stations involved are located in the Austin Designated Market Area ("DMA "), the 60th largest DMA in the country.

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("Hicks").4 Capstar TX is currently the licensee of KVET(AM), KVET-FM and KASE-FM. Austin. Texas.5 Hicks also ultimately controls LIN Television Corporation which. through intermediate subsidiaries. is the licensee of KXAN-TV (Channel 36, NBC), Austin, Texas. 0 LIN brokers UHF station KNV A(TV) (Channel 54, WB), Austin, Texas, pursuant to a local marketing agreement. Grant of the instant assignment application would create a new radio-television station combination because the Grade A contour of KXAN-TV entirely encompasses the community of license of KFMK(FM). Round Rock. Texas. Capstar TX's proposed acquisition of KFMK(FM) also implicates the local radio ownership rules. Consequently, Capstar TX has requested a conditional waiver of the one-to-a-market rule to add KFMK(FM) to its existing radio-television combination and to permit its ownership of one television station. one AM radio station and three FM radio stations in the Austin DMA. the 60th largest. Capstar TX has also submitted a showing to demonstrate that its acquisition of KFMK(FM) complies with the radio local ownership rules.

One-to-a-Market Waiver Showing

3. Capstar TX bases its request for waiver of the one-to-a-market rule on the standards adopted in the Second Report and Order, MM Docket No. 87-7, 4 FCC Red 1741 (1989) ("Second Report and Order"), recon. granted in part and denied in part, 4 FCC Red 6489 (1989) ("Second Report and Order Recon."). Under these criteria, the Commission presumptively favors waiver requests involving station combinations serving the top 25 markets where at least 30 separately owned, operated, and controlled broadcast licensees or "voices" will remain after the proposed combination.7 The Commission also favors waiver requests involving "failed" broadcast stations, that is, stations that have not been operating for a substantial period of time or that are in bankruptcy proceedings. Otherwise. the requests must be evaluated under a more rigorous case-by-case approach. See 47 C.F.R. § 73.3555. note 7.

4. We shall review Capstar TX's waiver request under the case-by-case standard because Austin is the 60th largest OMA in the country and Capstar TX has not claimed that KFMK(FM). is a "failed station." Moreover, evaluation of the waiver request under the case-by-case standard is appropriate because the proposed transaction involves the common ownership of more than one same-service radio station with a television station. See Memorandum Opinion and Order, MM Docket 91-140. 7 FCC Red

Thomas 0. Hicks and R. Steven Hicks are brothers.

' On May 26. 1998. the Commission granted the assignment of license ofKVET(AM). KVET-FM and KASE­ FM to SFXTX. L.P. from Butler Broadcasting Co., Ltd., and a conditional waiver of the one-to-a-market rule to allow common ownership by Hicks of KXAN-TV and the three Austin radio stations and also a TV LMA with KNVA(TV). The grant was also conditioned on the outcome of the attribution rulemaking proceeding with respect to the LMA with KNVA(TV). See Butler Broadcasting Co., Ltd, I3 FCC Red I2410 (MMB 1998) ("Butler"). On June 15, 1998. the Commission was notified of the licensee name change from SFXTX. LP. to Capstar TX. L.P. for KVET(AM). KVET-FM and KASE-FM.

" On March 2. 1998, the Commission granted consent to transfer control of LIN Television Corp. licensee of KXAN-TV. Austin. Texas. KXAM-TV, Llano, Texas, 7 other TV stations, and 17 low power and television translator stations from AT&T Corp. to LIN Holdings Corp. See AT&T Corp., I3 FCC Red 4633 (MMB I998).

7 Pursuant to the statutory directive ''to extend its [one-to-a-market] waiver policy to any of the top 50 markets. consistent with the public interest, convenience, and necessity," under the Telecommunications Act of I 996, Pub. L. No. 104-104. §202(d), I IO Stat. 56 (I996), the Commission is considering a proposal to implement extension of the waiver policy in the Second Further NPRM, I I FCC Red at 2I685.

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6387. 6394 n. 40 (1992). Under the case-by-case standard, the Commission makes a public interest determination based upon the following five criteria: (l) the potential public service benefits that will arise from the joint operation of the facilities involved, 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 joint operation is implemented. Second Report and Order, 4 FCC Red at 1753-54. In enunciating the five factors to be considered under the case-by-case standard, the Commission has noted that although not all five factors must be satisfied in each case, the overall consideration of these factors must weigh in favor of granting the waiver request. Second Report and Order Recon., 4 FCC Red at 6491. In support of its waiver request. Capstar TX submits a showing which addresses each of the five factors.

5. Public Service Benefits of Joint Operation. In Butler, Capstar TX reported that the proposed combination of KVET(AM), KVET-FM, KASE-FM, and KXAN-TV would result in cost savings totaling $316.906. These savings will be derived from the consolidation of staff and facilities. joint advertising, and cross promotions. Specifically, Capstar TX estimates that as a result of consolidation of programming services. it will save approximately $207,714 in personnel costs. Additionally, Capstar TX projects $47.334 in annual savings to be derived from the radio stations shifting their television advertising to KXAN-TV and an additional $21,400 annual savings in reduced television advertising costs derived from the radio stations' use of KXAN-TV's production facilities. Capstar TX states that it will save approximately $1.800 in credit and collection agency costs. Additionally, Capstar TX states that KXAN­ TV will save approximately $9,600 per year in its cost of producing promotional announcements by using Capstar TX's radio announcers to do the voice-overs for the TV announcements. Also. Capstar TX estimates savings of $17, 700 per year in advertising agency commissions and production costs for radio advertising placed directly on the radio stations and produced using the radio production facilities. Cost savings also include approximately $11,358 per year from the utilization of one traffic airplane by the TV and radio stations instead of using separate outside services for traffic coverage of special events throughout the year. Capstar TX now reports that the addition of KFMK(FM) to that combination would result in additional cost savings of $207,600 and this would increase the total annual cost savings to approximately $524.506. With regard to specific cost savings for KFMK(FM). Capstar TX estimates that KFMK(FM) will save $188,000 by using the services of some of the employees. such as engineers, receptionists, and a promotion director, employed by the other stations. It will save an additional $9,600 on rent by using some of the facilities of the other Capstar TX radio stations. Finally. an additional savings of $10.000 through the stations' consolidated ascertainment and community research efforts is anticipated by Capstar TX.

6. Capstar TX pledges to use a portion of the projected savings to enhance the news operations of KXAN-TV. The improved news operations ofKXAN-TV will be made available to the radio stations, enabling the stations to provide comprehensive reporting of local, national, and international news. The radio stations will benefit, claims Capstar TX, from access to the audio feeds of KXAN-TV's news and weather bulletins and live coverage of local emergencies, including storm-related emergencies via fiber optic links to KXAN-TV's doppler radar for state-of-the-art weather information. Additionally, local political candidate debates covered by the television station will be made available to the radio stations for simulcasting or delayed rebroadcast. Furthermore, Capstar TX states that there will be a combined effort by the TV and radio stations to sponsor and promote community events including fund raising activities for several charitable causes, and participation by the radio stations in an internship program already conducted by KXAN-TV for students interested in news and promotion operations. The television and radio stations will work together to improve their equal employment opportunities by sharing information on job openings, recruitment sources, and applicant referrals.

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7. Types of Facilities. Capstar TX states that KVET(AM) is a Class B station that operates on 1300 kHz at 5 kW ("ERP") daytime and at 1 kW ERP nighnime. Two other Class B AM stations have facilities comparable to KVET(AM), and one other Class B AM station has facilities superior to KVET(AM) in the Austin metro market, notes Capstar TX. With regard to the FM stations already owned by Capstar TX, KVET-FM, a Class Cl FM station, operates on 98. I MHz at I 00 kW ERP from an antenna at 686 feet height above average terrain ("HAA T") while KASE-FM. a Class C FM station, operates on 100.7 MHz at 100 kW ERP from an antenna at 1,191 feet HAAT. According to Capstar TX, in the Austin metro market, two stations have facilities comparable to KVET-FM and four stations have facilities superior to that station. Four stations have facilities comparable to that of KASE­ FM in the Austin metro market. KFMK(FM), a Class C2 station, operates on 105.9 MHz at 4.5 kW ERP from an antenna 1.303 feet HAA T. In the Austin m~tro market one station has facilities comparable to that of KFMK and six stations have superior facilities. With respect to KXAN-TV. UHF station Channel 36, an NBC network affiliate, operates at 1950 kW visual ERP from an antenna at 1.270 feet HAAT. Capstar TX states that within the Austin DMA three other television stations, all of which are UHF stations. have comparable facilities, and one station, a VHF station, has superior facilities.

8. Other Media Outlets. In addition to the proposed combination. Hicks controls the licensees of the following low power television ("LPTV") stations in the Austin, Texas market: KHPM-LP, San Marcos: KBVO-LP, Austin; KHPL-LP, LaGrange; KHPG-LP, Giddings; KHPX. Georgetown. KHPZ-LP, Round Rock: and KHPB-LP, Bastrop. Capstar TX also acknowledges that KXAN-TV has a local marketing agreement (LMA) with UHF station KNV A(TV), Austin (Channel 54. WB). Nevertheless. Capstar TX asserts that the Commission has determined that "it will not accord significance'" to an existing television LMA when evaluating a one-to-a-market waiver request. S.E. Licensee G.P.. 11 FCC Red 16727. 16732 (1996). Lastly, Capstar TX reports that Hicks also controls KXAM-TV (Channel 14), Llano. Texas, which it operates as a satellite of KXAN-TV. The Grade A contour of KXAM-TV does not encompass Austin.

9. Economic Status. Capstar TX states that none of the stations in its proposed combination is in financial distress. However, Capstar TX points out that the Commission has granted numerous one-te­ a-market waiver requests even though there was no finding that any of the stations were in financial distress.

10. Competition and Diversity in the Market. The final factor in Capstar TX's showing is the nature of the relevant market in light of the Commission's concerns about diversity and competition. Regarding diversity, Capstar TX points out that following the consummation of its proposed combination, the market will be served by 20 separate "voices," including 25 radio stations licensed to 15 separate owners within the Austin television metro market, and six television stations within the DMA licensed to six separate owners. Capstar TX notes that the market is also served by 13 LPTV stations. 29 cable operators reaching 66% of the total TV households, and four MMDS/MDS operators. Additionally, several print media. including three daily newspapers and 30 weekly newspapers. serve the markets. Capstar TX asserts that this level of market diversity is within the bounds of diversity existing in other markets in which the Commission has granted one-to-a-market waiver requests.

1 l. With respect to economic concentration, Capstar TX notes that because KFMK has only commenced operations recently, no market share information exists for it. Furthermore. using the BIA MasterAccess television and radio databases, Capstar TX calculates that the three Austin radio stations controlled by Hicks receive 26.4% of the radio advertising revenue, and that KXAN-TV receives 26.9% of the local television advertising revenue. Together, according to Capstar TX. the radio-television com bi nation receives a combined television and radio advertising share of 26. 7%. an amount Capstar TX asserts, that is well within levels the Commission has previously approved. See Shareholders

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Inc .. 11 FCC Red 19135, 19145-46 (1996); S.E. Licensee, G.P., 11 FCC Red at 16734.

Discussion

12. Radio Ownership Rules. We first examine Capstar TX's compliance with our local radio ownership rules. 47 C.F.R. §73.3555(a)(l). Our analysis of the data Capstar TX has submitted indicates that the radio market fonned by the mutually overlapping contours of its proposed commonly owned radio stations consists of ·25 commercial radio stations. Under our rules, in a radio market with 15-29 commercial radio stations, a party may own, operate, or control up to six commercial radio stations. not more than four of which are in the same service (AM or FM). Capstar TX's proposed ownership of four commercial radio stations, one AM and three FM in the Austin area complies with the numerical local ownership cap for radio stations both as to overall ownership and as to same-service ownership. Moreover. our review of the record in this case reveals no other circumstances that would preclude grant of the application under the radio ownership rules. Thus, with respect to local radio ownership. Capstar TX's acquisition of KFMK(FM), coupled with its ownership of KVET(AM), KVET-FM and KASE-FM is consistent with the public interest.

13. Local Marketing Agreement. Before considering Hicks's request for a waiver of the one-to-a­ market rule, we must detennine what weight, if any, we should accord Hicks's existing LMA with KNV A(TV) in assessing that request. Currently, television LMAs are not attributable to the brokering station. nor. taken alone, does the Commission consider them a "meaningful" relationship within thie scope of the cross-interest policy. At present, therefore, we will not accord significance to Hicks's existing television LMA in evaluating this waiver request. We note, however, that we have proposed to attribute television LMAs to the brokering station where the stations involved are in the same market and the brokerage arrangement covers more than 15 percent of the brokered station's weekly broadcast hours. Further N01ice ofProposed Rulemaking, MM Docket Nos. 94-150, 92-51 and 87-154. 11 FCC Red 19895, 19908-09 (1996). Further, we have proposed that any LMA which would be attributable for TV duopoly rule purposes under this approach "would also count in applying our other ownership rules. including, for example ... the one-to-a-market rule (or radio-television cross-ownership rule)." Id. (footnotes omitted). And. while we have proposed to grandfather those LMAs -- such as the LMA here -- that were entered into prior to the November 5, 1996, adoption date of the Second Further Notice

14. One-to-a-Market Waiver. We now tum to consideration of Cap star TX· s one-to-a-market waiver request. As to the first criterion, the potential public service benefits of joint ownership, the Commission considers the public service benefits that could result from the proposed radio-television combination. such as projected economies of scale, cost savings, program and service benefits. Second Report and Order. 4 FCC Red at 1753. Capstar TX has demonstrated that combining the operations of KFMK(FM) with those of KVET(AM), KVET-FM, KASE-FM and KXAN-TV will result in substantial cost savings of up to $524,506 to be derived annually from the consolidation of staffs and technical operations. and cross promotions. Out of the projected $524,506 savings for joint operation of all the

4605 Federal Communications Commission DA 99-637 stations in Capstar TX's proposed combination, Capstar TX has previously demonstrated in Butler cost savings of approximately $316,906 for joint operation of KXAN-TV with the three Austin radio stations. Now with the addition of KFMK(FM) to that combination, it has demonstrated additional cost savings of approximately $207 ,600. With the total projected savings, Capstar TX plans to improve technology and equipment for the radio stations. These cost savings will also translate into public service and programming improvements. In this regard, the radio stations will have access to the newsgathering and weather forecasting resources of KXAN-TV including the availability of the state-of-the-art doppler radar via fiber optic links. The radio stations will also have the opportunity to enhance their news and public information programming by simulcasting or delayed rebroadcast of local political candidate debates covered by KXAN-TV. Additionally, there will be joint sponsorship and promotion of several community events and charitable causes as well as enhanced equal employment opportunities at the stations through collaborative efforts at information sharing and cross-referrals. ·

15. As to the types of facilities involved in the proposed combination. in developing the case-by­ case test in the Second Report and Order, the Commission stated that it "will consider such factors as whether the proposed radio-TV combination involves a UHF or VHF station or an AM or FM radio station, as well as the size or the class of the stations involved." See Shareholders of Citicaster. Inc., 11 FCC Red 19135, 19144 (1996) (citations omitted). With respect to the radio stations in Capstar TX's proposed combination, our independent analysis confirms that two.other stations have facilities comparable and one other has facilities superior to Class B AM station KVET(AM). As for the FM stations, our independent analysis finds that in comparison to KVET-FM, a Class Cl FM. there is one Class Cl FM with comparable facilities and one superior Class Cl FM as well as two superior Class C FM stations. In comparison to KASE-FM, a Class C FM, there are two other Class C FMs with comparable facilities. In comparison to KFMK. a Class C2 FM station, there is one station with comparable facilities and six stations with superior facilities. With respect to TV stations, our independent analysis finds that one other UHF station. KNVA(TV),8 a WB affiliate, has technical facilities that are identical to UHF station KXAN­ TV. an NBC affiliate.9 In addition, there are three other UHF stations, affiliates of PBS. ABC. and CBS as well as one VHF station, an affiliate of FOX that compete with KXAN-TV. Although the technical facilities of the stations involved are significant, "as the level of diversity and competition in a market increases, our concerns grounded in the technical strength of the combining facilities decrease." See AT&T Corp.. 13 FCC Red at 4643 (citing Louis C. DeArias, 11 FCC Red 3662, 3666 ( 1996). As further discussed below. we find that the proposed combination does not present issues of market dominance inconsistent with the public interest. We note further that aside from the proposed radio-TV combination and the LMA with KNV A(TV), Hicks will not own any other media outlets in the Austin market that are subject to the multiple ownership rules. 10

s As stated above. KXAN-TV is the brokering station for KNV A(TV). In addition. KXAN-TV has a satellite station. KXAM-TV. that broadcasts in the Austin market.

" Subsequent to the filing of Capstar TX's one-to-a-market waiver showing. KXAN-TV was granted a license to cover a construction pennit to increase power from 2000 to 5000 kW ERP and to decrease antenna height from 1.268 to I.227 feet HAAT. In contrast to Capstar TX's showing, our independent analysis based the technical facilities comparisons on KXAN-TV's authorized license to cover the construction permit. File No. BLCT- 971202KF.

lh In AT&T Corp .. 13 FCC Red 4633 (MMB 1998), the Commission granted Hicks authority to continue operating KXAM-TV. licensed to Llano, Texas in the Austin DMA, as a satellite of KXAN-TV pursuant to 47 C.F.R. § 73.3555. note 5 which exempts from application of the multiple ownership rules, including the one-to-a­ market rule. those television stations that are satellite operations. See Television Satellite Stations Review of Policy

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I 6. Regarding the economic status of the stations involved in the combination. according to Capstar TX none of these stations are experiencing financial difficulties. As we previously have indicated. however, not all five factors need be present to justify grant of a waiver. See Second Report and Order Recon .. 4 FCC Red at 6491. Indeed, we have granted a number of one-to-a-market v.·aivers where there was no finding that any of the stations were in financial distress. See, e.g .. Butler. 13 FCC Red 12410 at 12415-16; AT&T Corp., 13 FCC Red at 4644; SE Licensee, GP I I FCC Red at 16734.

17. Finally, Capstar TX has demonstrated that the proposed combination would not create undue concentration of ownership and control in the Austin market, the 60th largest DMA. 11 Our independent analysis indicates that there are at least 25 commercial and noncommercial radio stations in the television metro market, 16 of which are separately owned. 12 There are also 7 commercial and noncommercial television stations. 6 of which are separately owned. After the proposed transaction. these 32 stations would be operated by 20 separate broadcast owners, or "voices." Additionally. as Capstar TX notes, several other media outlets serve the market, including 5 LPTV stations, in addition to the 7 LPTV stations controlled by Hicks, 3 daily newspapers, 13 and 30 weekly newspapers. We also note that the cable penetration rate for the Austin market has reached 66% of TV households and according to Capstar TX. the market is served by four MMDS/MDS operators. This level of diversity is consistent with the level we have approved in previous waiver requests. See, e.g., Friendship Broadcasting. LLC. 13 FCC Red 7876 (MMB 1997) (23 voices in 59th ranked market, 12 daily newspapers. 63. l % cable penetration); Sunnyside Communications, Inc., 12 FCC Red 24443 (MMB 1997) (27 voices in 50th ranked market, 4 newspapers. 65% cable penetration); Concrete River Associates, L.P., 12 FCC Red 6614 (I 997) (20 voices in 74th ranked market, two daily newspapers, 62.7% cable penetration).

18. With respect to economic concentration and competition, our independent analysis indicates that KXAN-TV gamers 24. 7% of television advertising revenue in the Austin DMA. and the three radio

and Rules in MM Docket No. 87-8, 6 FCC Red 5010 (1991). See also, Second Further NPRM 11 FCC Reel 21655 ( 1996). LPTV stations are not subject to the one-to-a-market rule. See 47 C.F.R. § 73.3555(c).

11 As to the market definition within which to count the number of broadcast stations in the context of a one­ to-a-market waiver. the Commission considers ''the relevant TV metro market for radio stations and the relevant ADI TV market [Arbitron Area of Dominant Influence] for TV stations." Second Report and Order. 4 FCC Red at 1760 n.10 I. Since Arbitron no longer complies ADI data, however, we now accept showings using the Nielsen TV Metro Market to count the number of radio stations and the Nielsen TV DMA to count the number of TV stations. See Media!Comm1111ications Partners, L~P.. 10 FCC Red 8116 n.3 (1995); see also Further Notice

i: Generally for a one-to-a-market waiver, a construction permit for a new station would not be counted in the number of stations serving the market because the station is not yet operational. See Second Report and Order, 4 FCC Red at 1751. However, in this instance we include the construction permit for the new station KFMK(FM) because it is the subject of the instant one-to-a-market waiver. Moreover, as noted above. KFMK(FM) is operating and has a pending license to cover the construction permit.

i; Our independent analysis confirms that the following dailies serve the Austin area: (I) Austin American­ Statesmw, .... ~.:overage of and morning circulation of 177,704 and sunday circulation of 237,771; (2) San Marco.\ Dai(v Record with coverage of Hays County and evening circulation of 5.045 and sunday circulation of 7.127; and (3) Taylor Press with coverage of Williamson County and evening circulation of 5.300. See Bacon's Newspaper Directory ( 1998).

4607 Federal Communications Commission DA 99-637

stations already owned by Capstar TX have a combined 25.6% of radio advertising revenues.•~ KFMK(FM) began operating pursuant to program testing authority on July 24. 1998. Because as Hicks notes. KFMK only commenced operations a few months ago, no market share information exists for it at this time. The three radio stations already owned by Capstar TX, and the Hicks television station. however. have a combined television and radio advertising revenue share of 25. l %. 15 a figure consistent with revenue levels approved in other conditional one-to-a-market waivers. See. e.g. Butler. 13 FCC Red at 12416: NewCity Communications, Inc., 12 FCC Red 3929, 3939, 3944-45 (1997) (TV. 2 AM. 5 FM. TV LMA group in 22nd ranked market garners 29% combined TV and radio advertising revenues): Shareholders of Citicasters, Inc., 11 FCC Red 19135, 19145-46 (1996) (TV. 2 AM. 4 FM group in 29th ranked market garners 32.3% combined TV and radio advertising revenues and TV. AM. 4 FM group in 15th ranked market garners 21.3% of combined TV and radio advertising revenues).

19. Based on the record, we conclude that grant of a temporary conditional waiver will result in economic efficiencies and facilitate enhanced public interest programming without an undue adverse effect on competition or diversity in the Austin market.

ORDERING CLAUSES

20. Accordingly, IT IS ORDERED, that the request for a temporary conditional waiver to permit common ownership ofKFMK(FM), Round Rock, Texas, and stationsKXAN-TV. KVET(AM). KVET-FM and KASE-FM. Austin, Texas, IS GRANTED subject to the outcome with respect to attributability and grandfa~hering of television LMAs in the pending broadcast attribution proceeding. Further Notice of Proposed Rulemaking, MM Docket Nos. 94-150, 92-51 and 87-154, 11 FCC Red 19895 (1996) and in the pending television broadcast ownership rulemaking proceeding, Second Further Notice qf Proposed Rulemaking. MM Docket Nos. 91-221 and 87-8, 11 FCC Red 21655 (1996). Should divestiture be required as a result of those proceedings, Capstar TX Limited Partnership, is directed to file an application for Commission consent to sell the necessary station(s) within six months from the release of the Orders in those proceedings. Should Capstar TX Limited Partnership find it necessary to request an extension for any reason. it must make any such request no less than 45 days before the end of the divestiture period.

21. IT IS FURTHER ORDERED that, having found the applicants fully qualified and that grant of the application would serve the public interest, the application to assign the construction permit of KFMK(FM). Round Rock, Texas (File No. BAPH-980713GG) from R. Steven Hicks to Capstar TX Limited Partnership, IS GRANTED.

FEDERAL COMMUNICATIONS COMMISSION

14 Radio advertising revenue data for 1998 is obtained from BIA Publications. lnc."s Radio Master Access data base. We note that Capstar TX based its showing on 1996 advertising revenue data.

" The combined TV and radio advertising share is based on 1997 TV advertising revenue data and 1998 radio advertising revenue data.

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