WPC?o 2BJZ Courier3|a 2x6X@`7X@HP LaserJet 4M (PCL) (Additional)HL4MPCAD.PRSx  @\P&'YX@2<Q6 ZKTimes New RomanTimes New Roman BoldCourierCourier BoldTimes New Roman Italic3|a HP LaserJet 4M (PCL) (Additional)HL4MPCAD.PRSX\  P6G;\P&'YP"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNI\\>>>\g0>03\\\\\\\\\\33gggQyyrg>Frgygrr>3>T\>Q\Q\Q>\\33\3\\\\>F3\\\\QX%Xc>0cT>>>0>>>>>>>>\3QQQQQwyQrQrQrQrQ>3>3>3>3\\\\\\\\\\Q\Z\\\g\QQQyQyQycyQtrQrQrQrQ\\\c\c\>3>\>>>\gcc\r3rIr>r>r3\l\\\\y>y>y>gFgFgFgcrMr3rT\\\\\\crQrQrQ\r>\gFr>\t0\\=!=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBT\>Q\\\\\3;\7;\7>>QQ\??n\\pBnnBmgg>Q\7"yyyy\njc\gnn\ S' I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#&a\  P6G;&P#Word4095NullWord4095Null11#Xd PT6UP##Xx PT6UXP#NormalNormal` #Xx P":+UXP#X` hp x (#%'0*,.8135@8:>OratorOrator` #XqPU P#X` hp x (#%'0*,.8135@8:g\\>>>\g0>03\\\\\\\\\\>>ggg\yyrF\yrgyy>3>j\>\gQgQ>\g3>g3g\ggQF>g\\\QI(I_>0_j>>>0>>>>>>\>g3\\\\\QyQyQyQyQD3D3D3D3g\\\\gggg\\g\\\\pg\\\QQ_QyQyQyQyQ\\\_\gjF3FgF>Fgg__gy3ySy>yIy3ggg\\QQQgFgFgFg_y^y>yjgggggg_yQyQyQgy>ggFy>\0\\=2=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBa\>\\\\\\7>\7>\7>>\\\??n\\pBnnBsgg>\\7"yyyy\nlc\gnn\"i~'^DOuuOOOu=O=AuuuuuuuuuuOOuۨYuۨ騨OAOuOuggOuAOAăugYOuuug]3]yO=yOOO=OOOOOOuOAuuuuu騨gggggVAVAVAVAuuuuuuuuuuuuuggyggggguuuyuYAYYOYyyAiO]Auu稨gggYYYywO騨ygggOYOu=uuN?NWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNTT|uOuuuuuuFOuFOuFOOuuuPPuu鏱T錌TƒOuuF"u錊~u匌u2eK\K_KOaKc"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%%%7O0O0O0O0O0aHI0D0D0D0D0%%%%O7O7O7O7O7O7O7O7O7O7O0O7O6O7O7O7>7O0O0O0I0I0I;I0OED0D0D0D0O7O7O7O;O7O;O7%%7%%%7M>;;O7DD,D%D%DO7AO7O7O7O7aOI%I%I%>*>*>*>;D.DD3O7O7O7O7O7O7gOO;D0D0D0O7D%O7>*D%O7E77%%WMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN(BB(37%07777j7#TT7!#TT7T!%%007n&&Bn77lCTn(nBB(A\\>>n%07\n!"IIIITTenn7TnB@;7>lBBn7"i~'^"(22TN"""28"2222222222888,\HBBH>8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNM\\>>>\}0>03\\\\\\\\\\>>}}}\rryrr>Qygyrr\grrggF3FM\>\\Q\Q3\\33Q3\\\\FF3\QyQQFI3Ic>0cM>>>0>>>>>>\>\3r\r\r\r\r\yyQrQrQrQrQ>3>3>3>3y\\\\\\\\\gQr\\\\gQ\r\r\r\r\yQyQycyQnrQrQrQrQ\\\c\c\>3>\>>>\\ccyQg3gBg>g;g3y\jy\y\\\yrFrFrF\F\F\FccgBg3gM\\\\\\ygcgFgFgF\g>y\\Fg>g\n0\\=(=WddddddddddddddddddddddddddddddddddddddddNBnnB_\F\\\\\\3;\7;\7>>gg\??n\\pBnnBb\\>g\7"yyyy\njc\}nn\2=o S' X   .> S'  #&a\  P6G;&P#Federal Communications Commission`(#jFCC 99 60 ă   yx}dddy .bP Before the  Federal Communications Commission  S'2"Washington, D.C. 20554 Đ\  S'In re Applications of hhCq) ` `  hhCq)  Sh' Engles Enterprises, Inc. hhCq)File No. BAL980812GF  S5'(Assignor)` `  hhCq) ` `  hhCq)  S'and` `  hhCq) ` `  hhCq)  Si ' Smith Broadcasting Group, Inc.hhC q)  S6 '(Assignee)` `  hhCq) ` `  hhCq)  S 'X` hp x (#%'0*,.8135@8:'' xReport and Order, 4 FCC Rcd at 1753. SBGI has demonstrated that combining KEYT(AM) with its">',l(l(,,'"  xQexisting television station will result in substantial annual cost savings in excess of $140,000. These cost  xDsavings will translate in programming improvements such as the proposed new evening newscast and the  x+simulcasting of KEYTTV's weekday and weekend news programs. Further, SBGI states that  xQconsolidation of the stations will enable the AM Station to cosponsor with KEYTTV many of the latter's  xpublic service benefits to local charities and to expand the television station's successful intern program.  "<12. The second criterion in our analysis concerns the types of facilities that the merged entity will  xown in each of these markets. In this regard, we must "consider such factors as whether the proposed  xZradiotelevision combination involves a UHF or VHF television station or an AM or FM radio station as  S5' xwell as the size or class of the stations involved." Second Report and Order, 4 FCC Rcd at 1753. The  xkCommission's interest in the strength of the technical facilities of the stations at issue reflects a continuing  xIconcern with the potential impact that the proposed station combination may have on diversity and  S ' xxcompetition in the affected market. See, e.g., Great American Television and Radio Co., Inc., 4 FCC Rcd  x6347, 634950 (1989). SBGI proposes to add KEYT(AM), a Class B AM station operating on 1250 kHz  xwith a maximum daytime power of 2.5 kW and a maximum nighttime power of 1.0 kW to a market  xserved by 11 Class B AM and 23 Class B/B1 FM stations. Our independent analysis of SBGI's showing  xconfirms that there are at least six other Class B AM stations in the Santa BarbaraSanta MariaSan Luis  xObispo DMA operating with equal or greater facilities than KEYT(AM). Further, our analysis confirms  xpthat there are two other VHFTV stations in this market, NBCaffiliate KSBY(TV) and CBSaffiliate  xpKCOYTV, and two UHFTV stations, Univisionaffiliate KTAS(TV) and UPNaffiliate KADYTV.  xtAside from KEYT(AM) and KEYTTV, Robert Smith will not own or control any other media outlet in  xthe Santa BarbaraSanta MariaSan Luis Obispo DMA. Thus, although SBGI's commonly owned facilities  x will not be insignificant in technical terms, our analysis verifies that there are competing stations with  xcomparable facilities, including stations operated by at least five other multiple station group owners.  x&Moreover, as discussed below, the Santa BarbaraSanta MariaSan Luis Obispo market is served by a  xsubstantial number of competing stations that represent a significant number of independent voices. The  xgCommission has recognized that, as the level of diversity and competition in the market increases, [the  x"Commission's] concerns grounded in the technical strength of the combining facilities decreases."  Sl'DeArias, 11 FCC Rcd at 3666.  "A13. Under the third criterion, neither SBGI nor Robert Smith will not own or control media  xoutlets other than those at issue in its waiver request. With respect to financial conditions, under the  S' xfourth criterion, as stated earlier, SBGI has not provided the Commission with sufficient information (e.g.,  Sm' xynotes of explanation and/or extended history of documented financial difficulties). Cf. Glendive  S:' x3Broadcasting Corporation, 10 FCC Rcd 2708, 2710 (1995). We are therefore unable to conclude that  x7KEYT(AM) is entitled to consideration as a station experiencing financial difficulties in the Santa Barbara S' xZSanta MariaSan Luis Obispo market.X yO<' x #X\  P6G;P#э#X\  P6G;P#The Commission has advised applicants relying on this factor to submit "appropriate documentation, including  yO ' x a history of the station's past financial losses and predictions of projected losses for the next several years." Second  yO 'Report and Order at 4 FCC Rcd at 1760 n.103.#x6X@`7 iX@# However, we previously indicated that not all five factors need  S' xbe present to justify grant of a onetomarket waiver. Second Report and Order Recon., 4 FCC Rcd at  xD6491. We have granted a number of onetoamarket waivers where there was no finding that any of the  S;' xstations was in financial distress. See, e.g., DeArias, 11 FCC Rcd at 3662; Alta Gulf FM, Inc., 10 FCC  S ' xgRcd 7750, 7751 (1995); Henry Broadcasting Co., 11 FCC Rcd at 1177; Atlantic Morris Broadcasting,  S 'Inc., 10 FCC Rcd 9495 (1995); Secret Communications Ltd., 10 FCC Rcd 6874 (1995).  "14. Regarding Robert Smith's media holdings under the final criterion, we find that the proposed  xcombination would not create undue concentration of ownership and control in the Santa BarbaraSanta"<#,l(l(,,#"  S' xMariaSan Luis Obispo market, the 115th largest DMA.4@ yOh' x ԍIn order to determine the number of radio and television broadcast stations in the context of a onetoamarket  x waiver, the Commission considers "the relevant TV metro market for radio stations and the relevant ADI [Arbitron  yO' x Area of Dominant Influence] TV market for radio stations." Second Report and Order, 4 FCC Rcd at 1760 n.101.  xx However, because Arbitron no longer compiles television ADI data, we will accept instead SBGI's showing using  x! the Nielsen Designated Market Area (DMA) in determining the number of broadcast "voices" in the market at issue  yOP' x* in its onetoamarket waiver request. See Media/Communications Partners L.P., 10 FCC Rcd 8116, 81168117 n.3  yO' x (1995); see also Review of the Commission's Regulations Governing Television Broadcast Ownership, MM Docket Nos 91221 and 877, 10 FCC Rcd 3524, 3539 n.59 (1995).4 We have verified that there are 3 VHFTV and  x2 UHFTV stations licensed in the Santa BarbaraSanta MariaSan Luis Obispo DMA. In addition, there  xgare at least 17 AM stations and 33 FM stations licensed to communities in the relevant television metro  xmarket. These 50 radio stations and 5 television stations will be licensed to 34 separate owners following  xconsummation of SBGI's acquisition of KEYT(AM). A wide variety of other media are available,  xincluding four cable systems, which reach 84 percent of total TV households, and, our independent  S' xtanalysis confirms, at least four daily newspapers and nine weekly newspapers.X yO>' x #X\  P6G;P#э#X\  P6G;P#These include the following publications (listed with approximate circulations): The Lompoc Record  (8014  yO' x7 daily/ 8484 Sunday), The (San Luis Obispo, Ca.) TelegramTribune (35,300 daily), The Santa Barbara NewsPress  yO'(46,337 daily/ 51,576 Sunday), and the Santa Maria Times (21,652 daily/22,463 Sunday). We conclude that this  S' xlevel of diversity is consistent with levels approved in previous permanent waiver requests. See, e.g., Paso  Sh' xDel Norte Broadcasting Corp., 12 FCC Rcd 6876 (1997) (20 "voices" in 99th ranked market); Triad  S5' xtSkywaves, Inc., 12 FCC Rcd 6102 (1997) (22 "voices" in 46th ranked market); DeArias, 11 FCC Rcd  S' x73662 (1996) (31 voices in 78th ranked market); Moosey Communications, Inc., 8 FCC Rcd 5247 (1993) (24 "voices" in 141st ranked market).  "15. With respect to economic concentration and competition, our independent analysis indicates  xgthat KEYTTV garners 34.1% of television advertising revenue and that KEYT(AM) earns 2.8% of the  xradio advertising revenues in the Santa BarbaraSanta MariaSan Luis Obispo market. Together, SBGI's  x combined existing share of the radio and television advertising revenues in this DMA is 20.38%. The  x<combined television and radio advertising revenue figure, while not insignificant, is consistent with  Sj' xpermanent onetoamarket waivers recently granted.  WNNE Licensee, Inc., 13 FCC Rcd 12677 (MMB  xx1998) (21% of combined television and radio advertising where television in 53rd ranked market and radio stations in 14th ranked market).  "16. Based on the record, we conclude that grant of the permanent waiver to permit Robert Smith  x3to add KEYT(AM) to his existing television interest in the Santa BarbaraSanta MariaSan Luis Obispo  xtDMA will result in economic efficiencies and enhanced public interest programming without having an  xundue adverse effect on competition or diversity in the market. In addition, we find that SBGI fully qualified and that our approval of the proposed assignment of license would serve the public interest.  Sl'WgOrdering ClausesĐ\  "17. Accordingly, IT IS ORDERED that the request for waiver of the Commission's onetoa xmarket rule, 47 C.F.R.  73.3555(c), to permit common ownership and control of stations KEYT(AM) and KEYTTV, both Santa Barbara, California, IS HEREBY GRANTED.  "R18. IT IS FURTHER ORDERED, that, having found the applicant fully qualified and that grant  xEof the application would serve the public interest, the application (File No. BAL980812GF) for" ,l(l(,,"  xassignment of license of KEYT(AM), Santa Barbara, California, from Engles Enterprises, Inc. to Smith Broadcasting Group, Inc. IS HEREBY GRANTED. ` `  hhCFEDERAL COMMUNICATIONS COMMISSION ` `  hhCMagalie Roman Salas ` `  hhCSecretary   ` hp x ` hp x