Report No. MM-820 MASS MEDIA ACTION April 28, 1994 FCC CONSENTS TO ASSIGN THE LICENSES OF KKHI(AM)KKHI-FM, SAN FRANCISCO, CA; WAIVES ONE-TO-A-MARKET RULE The Commission has consented to assign the licenses of stations KKHI(AM)KKHI-FM, San Francisco, CA, from Buckley Broadcasting Corporation of California to Group W Radio, Inc. Group W is a subsidiary of Westinghouse Broadcasting Company Inc., the licensee of KPIX(TV), CBS/Channel 5, in the same market as the stations it proposed to acquire. Therefore, Group W requested and was granted a waiver of the one-to-a-market rule based on the Commission's "Top 25 Markets/30 Voices" standard. Commission 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. In support of its waiver request, Group W asserted that the San Francisco-Oakland-San Jose market is the fifth largest Area of Dominant Influence (ADI) television market, and has in excess of 30 separate radio and television voices. Group W provided an exhibit showing 21 commercial and non-commercial television stations serving the San Francisco-Oakland-San Jose ADI television market, and 51 commercial and non-commercial radio stations operating in the San Francisco-Oakland, San Joe television metropolitan market. The Commission concluded that the evidence presented by Group W demonstrates, based on its attribution rules, that the proposed combination will not result in fewer than 30 separately owned, operated and controlled broadcast stations in the San Francisco area. Furthermore, the Commission said that Group W is otherwise qualified to be a Commission licensee, and found that a grant of the assignment application would serve the public interest. (over) -2- The Commission also noted that informal objections and letters were filed based on allegations that Group W intended to change the stations' formats from classical to all news. The Commission considered these objections but noted that programming formats are not regulated and are not considered when licensing decisions are made. The Commission urged residents and listeners to contact the stations directly to express their programming preferences. Action by the Commission April 19, 1994, by Memorandum Opinion and Order (FCC 94-91). Chairman Hundt, Commissioners Quello and Barrett. -FCC- News Media contact: Patricia A. Chew at (202) 632-5050. Mass Media Bureau contact: Melanie A. Godschall at (202) 254- 9570.