Report No. MM 95-52 MASS MEDIA ACTION June 29, 1995 FCC GRANTS APPLICATION TO ASSIGN THE LICENSE OF WNHT-TV, CHANNEL 21, CONCORD, NH The Commission has granted the application to assign the license of television station WNHT-TV, Channel 21, Concord, NH, from New England Television, Inc. (NETV), to Boston University Communications, Inc. (BUCI), subject to conditions. BUCI is the licensee of WABU-TV, Boston, MA. As a result, the acquisition of the license of WNHT-TV will result in the overlap of the predicted Grade B contours of the two stations. BUCI proposed and was granted permission to operate WNHT-TV as a satellite of WABU-TV, pursuant to the satellite exception to the multiple ownership rule set forth in Note 5 to Section 73.3555 of the Commission's rules. The application was granted over the objections of Paugus Television, Inc., licensee of WGOT-TV, Channel 60,Manchester, NH; and by CTV of Derry, Inc., licensee of WNDS-TV, Channel 50, Derry, NH. Paugus and CTV contended that a grant of the assignment application will lead to an increase in the cost of syndicated programming in the market and result in programming that will disregard the needs of Concord, the state capital. The Commission found that BUCI was entitled to the presumption that its proposed satellite operation is in the public interest. The Commission was not persuaded, as suggested by Paugus or CTV, to conclude that the presumption not be followed in this case. Both Paugus and CTV failed to present a substantial and material question of fact that grant of the application would be inconsistent with the public interest. The application was granted subject to the conditions that the assignment of license covered by the application be consummated within 60 days of the date of the grant; that the FCC be notified of such action within 10 days after consummation of the grant of the application; and that 10 days prior to commencement of regular programming operation, BUCI must submit certification that equipment performance measurements were made in accordance with Commission rules. (over) -2- Action by the Commission June 19, 1995, by Memorandum Opinion and Order (FCC 95-258). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Mass Media Bureau contact: Marlene Dortch at (202) 418-1630.