NEWSReport No. MM 96-30 MASS MEDIA ACTION December 26, 1996 COMMISSION APPROVES MERGER OF INFINITY BROADCASTING CORPORATION AND WESTINGHOUSE ELECTRIC CORPORATION The Commission has approved applications to transfer control of Infinity Broadcasting Corporation to Westinghouse Electric Corporation, related conditional waivers of the broadcast multiple ownership rules, as well as applications to assign certain Infinity and Westinghouse radio stations to insulated trusts. The Commission also approved Westinghouse's request for permanent one-to-a-market rule waivers to permit it to retain stations that it acquired in November 1995 from CBS Inc. In doing so, the Commission has denied challenges to the merger filed by Spectrum Detroit, Inc. and Alexander J. Serafyn and the Ukrainian Congress Committee of America, Inc. The Commission also denied Spectrum Detroit, Inc.'s challenge to Westinghouse's request for permanent one-to-a-market rule waivers. Additionally, a motion for stay of consideration of the merger filed by Serafyn and the Ukrainian Congress Committee was dismissed. As a result of the merger, Westinghouse will acquire Infinity's 43 radio stations. Westinghouse currently controls radio and television stations in nine of the markets where it will acquire Infinity radio stations -- New York, Los Angeles, Chicago, Philadelphia, San Francisco, Detroit, Boston, Baltimore and Washington, D.C. In three of these markets -- Boston, Baltimore and Washington, D.C. -- Westinghouse controls permanent radio-television combinations. Westinghouse was granted temporary, conditional one-to-a-market waivers to acquire and hold additional Infinity radio stations in these three markets for a period ending six months after the Commission issues its decision in the television ownership proceeding. In the remaining six markets -- New York, Los Angeles, Chicago, Philadelphia, San Francisco and Detroit -- Westinghouse was previously granted temporary twelve-month one- to-a-market waivers for radio-television combinations that resulted from its acquisition of CBS. The Commission has granted Westinghouse's request to convert the temporary waivers to permanent waivers in these six markets. Additionally, due to the merger of Infinity and Westinghouse, Westinghouse will acquire additional Infinity radio stations in each of these six markets, and has been granted conditional one-to-a-market waivers to hold the added Infinity stations in these six markets for a period ending six months after the Commission has issued a decision in the television ownership proceeding. The waivers take into consideration Westinghouse's settlement of a civil antitrust case with the Department of Justice that requires Westinghouse to divest of WBOS(FM), Boston, and WMMR(FM), Philadelphia. Additionally, Westinghouse and Infinity have filed applications to divest stations in Chicago and Dallas-Fort Worth so that the merged entity will comply with the numerical limitations of the local radio ownership rules. Westinghouse has pledged to come into compliance with the local ownership rules prior to consummating the merger. To ensure its ability to do so, even if the applications for divestiture of stations in Chicago and Dallas/Fort Worth cannot be consummated prior to the time of the merger closing, Westinghouse and Infinity also filed applications to assign stations in these markets to insulated trusts. The assignment of these stations to trusts would also ensure that Westinghouse does not exceed the numerical restrictions of the local radio ownership rules. The Commission has approved these trust applications for limited six-month periods, in order to allow Westinghouse and Infinity a reasonable period of time to complete the required divestiture of station and to terminate the trust agreements. Action by the Commission December 26, 1996, by Memorandum Opinion and Order (FCC 96-495). Chairman Hundt, Commissioners Quello, Ness, and Chong. -FCC- News Media contact: Rochelle Cohen at (202) 418-0500. Mass Media Bureau contact: Melanie Godschall at (202) 418-2785.