FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,193
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3. The merger will produce public interest benefits; and
4. The in-market buyer is the only reasonably available candidate willing and able to acquire and
operate the station; and selling the station to an out-of-market buyer would result in an artificially
If the applicant satisfies each criterion, a waiver of the rules will be presumed to be in the public interest.
As part of their waiver request, the applicants have attached a chart demonstrating that WCWF(DT)'s all
day audience share has been below four percent since 2007 and has not exceeded 2% since the third
quarter of 2007.
With respect to its financial condition, the applicants have submitted financial data to demonstrate
negative cash flow and operating losses at the station for the three years preceding the filing of the
application. In its pleadings, TWC argues that certain costs appear artificially high and should not have
been included in operating cash flows as a matter of common corporate accounting practice.24 TWC also
argues that these costs should be deducted from the waiver analysis because they were allocated to
ACME as part of intra-company liability. TWC argues that another class of costs is irrelevant to the
station's financial condition and has no impact on its solvency or liquidity.25 In response, ACME argues
that all of the charges relied on in its showing are consistent with GAAP and with Commission
precedent.26 ACME argues that both of the charges at issue impact the station's financial condition.
ACME also argues that even if both of the charges at issue were removed, the station would still have had
negative cash flow for the three years prior to the filing of the application and, thereby, satisfies the
second prong of the waiver standard. Staff analysis of the financial data in the record and of the particular
charges at issue, considering all of the charges as they are treated according to GAAP, indicates that the
station had a negative cash flow for the past three years and that the second prong of the test is satisfied.
In its filings, LIN has made representations that, following the acquisition, WCWF(DT) would broadcast
a significant amount of locally produced issues-responsive programming including a weekly first-run,
locally produced public affairs series and quarterly hour-long Town Hall meetings to be aired in prime
time. LIN has also committed to providing locally-produced weather reports and news updates, coverage
of local live events, high school sports and to a year-long effort to focus on an important topic of
community concern. TWC argues that that these enhancements to the station's programming could be
accomplished in other ways without the grant of the waiver and that LIN has failed to make a
commitment to produce unique programming for WCWF(DT). TWC's vague claim that the station's
programming could be enhanced in other unspecified ways without the waiver is unconvincing. The issue
before us is whether the requested waiver will serve the public interest, not whether some vague,
hypothetical "other" solution might serve better.27 TWC's second argument is also meritless. LIN has
24 These costs were included in a showing of financial information that was submitted by the applicants with a
request for confidential treatment. TWC was permitted access to the confidential infonnation pursuant to an
agreement between the parties.
2 These costs were also included the materials that were submitted with the request for confidential treatment.
26 Ciing Banks-Boise, Inc., 24 FCC Rcd 401 (MB 2009).
27 See, e.g., 47 U.S.C. 310(d).
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/365/: accessed September 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.