NEWSReport No. MM 95-100    MASS MEDIA ACTION               October 5, 1995

               FCC GRANTED WAIVER OF DUOPOLY RULE TO PERMIT 
                     OWNERSHIP OF TELEVISION STATIONS 
                    WROC-TV, AND WETM-TV, ROCHESTER, NY

     The FCC granted the request for permanent waiver of the duopoly rule, to permit
common ownership and/or control of television stations. 

     WROC Associates, WTOV Associates and WEYI Associates seeks consent to assign
the license for television stations WROC-TV, Rochester, NY, WTOV-TV, Steubenville, OH
and WEYI-TV, Saginaw, MI, to licensees ultimately controlled by Robert Smith, who also
controls the licensee of television station WETM-TV, Elmira, NY.  Because the Grade B
contour of WROC-TV overlaps with that of WETM-TV, Smith requests a waiver of Section
73.3555(b) of the Commission's Rules, the duopoly rule, which generally proscribes the
common ownership and/or control of television stations whose Grade B contours intersect. 
The applications are unopposed. 

     The overlap area of 388 square kilometers, inhabited by 6,381 persons, represents 2.8
percent of WROC-TV's Grade B service area and 0.5 percent of its population, and 3.5
percent of WETM-TV's Grade B service area and 1.6 of its population.  Although this
overlap area is not de minimis, as the Commission has defined that term, both the geographic
area and population of the overlap area rank at the low end of the range of overlap
previously sanctioned by the Commission.  The Order finds that this minimal overlap weighs
heavily in favor of waiver.  In addition, the Order finds that there are tangible public interest
benefits proposed by Smith for the two stations; (1) an increase of local, weekday morning
news programming form 30 minutes to one-hour on WROC-TV; (2) closed-captioning on
local programming on WETM-TV; and (3) the broadcast on WETM-TV of local events,
especially those of Steuben County, where most of the overlap population resides.  Thus, the
Order finds that any detrimental effect of the minimal overlap is outweighed by the public
interest benefits to be gained from waiver of the rule.  

     Action by the Commission September 29, 1995 by MO&O (FCC 95-411).  Chairman
Hundt, Commissioners Quello, Ness, Chong and Barrett concurring and issuing a statement.

                                  - FCC -

News Media contact: Kara Palamaras at (202) 418-0500.
Mass Media Bureau contact: Anne Lucey at (202) 418-1630.