Federal Communications Commission FCC 96497 Before the Federal
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Federal Communications Commission FCC 96497 Before the Federal Communications Commission Washington, D.C 20554 INFINITY BROADCASTING ) File Nos. BTC-961230GE, CORPORATION ) BTCH-961230GF, and (Transferor) ) BTCH-961230GG ) and ) ) THE KARMAZEV, CARRUS, WIENER ) VOTING TRUST ) (Transferee) ) ) For Transfer of Control of the Licenses of ) WHOCXAM), Orlando, Florida ) WMMO(FM), Orlando, Florida ) WFTTQ(FM), Orlando, Florida ) ORDER Adopted: December 30,1996 Released: December 30,1996 By the Commission: 1. Before the Commission are the above-captioned applications for the pro forma transfer of control of Infinity Holdings Corp. of Orlando (Infinity Holdings Corp.), licensee of WHOO(AM), WMMO(FM) and WHTQ(FM), Orlando, Florida, from Infinity Broadcasting Corporation (Infinity) to the Karmazin, Carrus, Wiener Voting Trust 2. The Commission has approved the merger of Infinity Broadcasting Corporation ("Infinity") and Westinghouse Electric Corporation. Stockholders of Infinity Broadcasting Corporation. FCC 96-495 (Dec. 26, 19%). Infinity Holdings Corp., the licensee of three stations in Orlando, Florida, WHOO(AM), WHTQ-FM and WMMO-FM, is a wholly-owned subsidiary of Infinity. At the time that applications to transfer control of Infinity to Westinghouse were filed, Infinity Holdings Corp. had an agreement to exchange stations with Cox Radio, Inc. Cox and Infinity Holdings Corp. had entered into an agreement for a like-kind exchange of assets so that Infinity would exchange its three Orlando stations for WCKG(FM) and WYSY(FM), two Chicago-area stations controlled by Cox The Commission has also approved the like-kind exchange of these stations between Cox and Infinity Holdings Corp. Infinity. Holdings Corp. of Orlando. FCC 96-494 (Dec. 26, 1996). The Commission©s approval of the transfer of control of Infinity to Westinghouse was conditioned on die prior consummation of the like-kind exchange between Infinity Holdings Corp. and Cox S£S Stockholders of Infinity Broadcasting Corporation. FCC 96495 at para. 102. 17829 Federal Communications Commission FCC 96-497 3. Infinity and Westinghouse want to consummate the merger prior to the time that the like-kind exchange between Infinity Holdings Corp. and Cox is consummated. Therefore, the above-captioned applications have been filed to transfer control of Infinity Holdings Corp. to a voting trust.1 The trust does not implicate the Commission©s multiple ownership or attribution rules. 4. We have reviewed the pro forma transfer of control applications and find that the parties are qualified. We therefore will approve the transfer of control of the Orlando stations to the voting trust. This action will enable the merger to go forward prior to consummation of the like-kind exchange between Infinity Holdings Corp. and Cox and moots the need for the second condition set forth in paragraph 102 of Stockholders of Infinity Broadcasting Corporation. FCC 96-495 (Dec. 26, 1996). 5. Accordingly, IT IS ORDERED That, the applications for the pja forma transfer of control of Infinity Holdings Corp. of Orlando from Infinity Broadcasting Corporation to The Karmazin, Carrus, Wiener Voting Trust, File Nos. BTC-961230GE, BTCH-961230GF, BTCH- 961230GG ARE HEREBY GRANTED. 6. IT IS FURTHER ORDERED That, condition 2, paragraph 102 in Stockholders of Infinity Broadcasting Corporation. FCC 96495 (Dec. 26, 19%), IS HEREBY DELETED. Federal Communications Commission William F. Caton Acting Secretary 1 Upon consummation, the voting trust will control the Orlando stations. To the extent that the instant applications reflect the applicants intent to transfer the Orlando stations to Westinghouse prior to consummation of die like-kind exchange with Cox, an application requesting Commission consent will be required. However, we note that the Commission approved Westingnouse©s qualifications to acquire the Chicago stations in its decision granting the merger of Infinity and Westinghouse. Therefore, it would not be necessary for the voting trust to file an application to transfer the Chicago stations to Westinghouse. 17830.