FCC Record, Volume 27, No. 13, Pages 10800 to 11770, September 4 - September 28, 2012 Page: 10,865
x, 10800-11770 p. ; 28 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Commission's rules. That rules provides, in pertinent part, that the same entity may own or control two
television stations in the same market so long as: (1) the stations' relevant service contours do not
overlap, or (2) at the time the application is filed, at least one of the stations is not ranked among the top
four stations in audience rankings in the DMA and at least 8 independently owned and operating full-
power commercial and noncommercial educational television stations would remain in the market after
the proposed acquisition. Neither of these two bases for common ownership, however, is applicable to
the proposed transaction. The service contours of the two stations overlap' and. while WACY-TV is not
ranked among the top four stations in the DMA, there would not be 8 remaining independently owned
and operating television stations in the Green Bay-Appleton, Wisconsin DMA following the proposed
merger. Accordingly, Journal requests a waiver of Section 73.3555(b)(2) of the Commission's rules to
permit it to acquire WACY-TV on the grounds that it is a "failed" station?
Duopoly Waiver Request. The Commission's Local Ownership Order established a two-prong
test for a waiver of the television duopoly rule for a "failed" station, defined as a station "that has been
dark for at least four months or is involved in court-supervised involuntary bankruptcy or involuntary
insolvency proceedings." These two criteria are:
(a) The waiver applicant must provide relevant documentation, i.e., proof of the length of time
that the station has been off the air. or proof that the station is involved in bankruptcy or
insolvency proceedings, and:
(b) The in-market buyer is the only reasonably available entity willing and able to operate the
station: and selling the station to another buyer would lead to an artificially depressed price
for the station.
If the applicant satisfies both criteria, a waiver of the rule will be presumed to be in the public interest.8
Where a buyer proposes to acquire a station that has been operating pursuant to a grandfathered
LMA, however, the showing under the first prong "may be based on circumstances existing just prior to
the parties entering into the LMA.'" not the circumstances prior to the filing of the application?. This
from Aries Telecommunications Corporation in 2004. See BALCT-20040505AAL.
47 C.F.R. 73.3555(b).
Both stations' historic analog Grade 13 contours overlapped. The (Commission has recognized that a station's
digital noise limited contour approximates the same service area as the analog Grade contour. Study ofDigital
Television Field Strength Standards iand testing Procedures. 20 FCC Red 19504. 19507 (2005). In the 2010
Quadrennial Regulatory Review APRA, the Commission tentatively concluded that it would eliminate the contour
overlap approach and rely solely on Nielson DMA's. Notice ofProposed Rulemaking, 26 FCC Red 17489. 17502
(2011). We note. however, that the stations' digital noise-limited contours also overlap.
6 47 C.F.R. 73.3555, Note 7. See also Local hOwnership Order at 12936.
SIn the case ofa silent station, the station must provide a statement that it went dark due to financial distress, not
because of other, non-financial difficulties.
8Local Ownership Order at 12939.
"Id. at 12965.10865
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
United States. Federal Communications Commission. FCC Record, Volume 27, No. 13, Pages 10800 to 11770, September 4 - September 28, 2012, book, September 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc154715/m1/82/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.