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Commission`~(#DA 981880 ă  yx}dddy )Q3 Before the Federal Communications Commission  S-& Washington, D.C. 20554 ă #&J\  P6Q &P#  S-In re Application of hh@  2%}n  ) x` `  hh@  2%}n  )  S-Xenia Broadcasting, Inc.hh@ )hppFile Nos.  BAL980302GE  Sh-(Assignor)R)hpp  BALH980302GF  S5-R)hpp  BALH980302GG andR) R) Cox Radio, Inc.R) (Assignee)R) R) For Assignment of Licenses ofR) WPTW(AM), Piqua, OhioR) WCLR (FM), Piqua, OhioR) WZLR (FM), Xenia, OhioR)  S-  MEMORANDUM OPINION AND ORDER TP  Sk-X` hp x (#%'0*,.8135@8:has before it: (1) the above-captioned application for assignment of the licenses of WPTW(AM) and  x=WCLR(FM), Piqua, Ohio and WZLR(FM) Xenia, Ohio from Xenia Broadcasting, Inc. ("Xenia") to Cox  xRadio, Inc. ("Cox"); and (2) a related request for a temporary, conditional waiver of 47 C.F.R.   x73.3555(c), the Commission's onetoamarket rule, which restricts common radio and television station  S- xyownership in the same market. B yO- xhЍ#]\  PCqP# #C\  P6QP# Section 73.3555(c) of the Commission's rules prohibits the common ownership of radio and television stations  x,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  xYthe entire community of license of a television station or, conversely, if the Grade A contour of a television station  yO`-encompasses the entire community of license of an AM or FM station. #x6X@K/X@#і The application and the waiver request are unopposed. For the reasons  Sm- xset forth below, we grant the assignment application and a conditional waiver of our onetoamarket rule.~mB yO - xxЍ#X\  P6G;qP# #C\  P6QP#The Commission has delegated to the Mass Media Bureau authority to act on uncontested onetoamarket  yO!- xiwaiver requests that involve stations in the top 100 television markets and that present no new or novel issues.   {OM"- xLouis C. DeArias, Receiver, 11 FCC Rcd 3662, 3667 (1996) ("DeArias"); see also Review of the Commission's  {O#- xRegulations Governing Television Broadcasting, Second Further Notice of Proposed Rule Making, MM Docket Nos.  {O#- x91221 and 878, 11 FCC Rcd 21655, 21689 n.130 (1996) ("Second Further NPRM"). No new or novel issues are  xpresented and the stations involved are located in the Dayton Designated Market Area ("DMA"), which is ranked 53rd in the country.   S-  lx2. Cox is wholly owned by Cox Enterprises, Inc. ("CEI"), which through its subsidiaries controls  xKVHF television station WHIOTV (CBS affiliate), FM station WHKO(FM), and AM station WHIO(AM)," , * *,,"  S- x>all licensed to Dayton, Ohio.2b  yOh- x<Ѝ Specifically, CEI owns 100% of the outstanding stock of Cox Newspapers, Inc. (CNI). CNI owns 100% of  x-the outstanding stock of Dayton Newspapers, Inc., which in turn owns 100% of the outstanding stock of Miami  xValley Broadcasting Corporation, licensee of television station WHIOTV, Dayton, Ohio. Cox owns 100% of the  x-outstanding stock of WHIO, Inc., licensee of WHIO(AM) and WHKO(FM), Dayton, Ohio. Cox states that the  xcommon ownership of WHIOTV, WHKO(FM) and WHIO(AM) is grandfathered under the Commission's multiple ownership rules.  x-In addition to the referenced Dayton radio and television stations, through its various subsidiaries, CEI owns the  xDayton Daily News and the Springfield NewsSun, both daily newspapers serving the Dayton market. Because the  x1mV/m contours of WCLR(FM), Piqua, Ohio and WZLR(FM), Xenia, Ohio and the 2mV/m contour of WPTW(AM),  xLPiqua, Ohio, do not encompass the cities of Dayton and Springfield, no waiver of the radionewspaper cross {O -ownership rule is required. See 47 C.F.R.  73.3555(d). See infra  10 and 18.2 Grant of the instant assignment application would create a new radio x{television station combination because the Grade A contour of WHIOTV encompasses the entire  xcommunities of license of WPTW(AM) and WCLR(FM) in Piqua, Ohio and WZLR(FM) in Xenia, Ohio.  Sg- xCox's proposed acquisition of these stations also implicates the radio local ownership rules.kXg  yO- xԍ Exhibit B to the assignment application indicates that Cox currently provides more than 15% of the  x,programming of radio stations WPTW(AM) and WCLR(FM), Piqua, Ohio and WZLR(FM), Xenia, Ohio, pursuant to a Time Brokerage Agreement with Xenia Broadcasting, Inc., licensee of these stations.k  x?Consequently, Cox has submitted a showing to demonstrate that its acquisition of WPTW(AM),  x<WCLR(FM) and WZLR(FM) complies with the radio local ownership rules and has requested a temporary  xjonetoamarket rule waiver to permit common ownership of one TV, three FM and two AM stations in  xthe Dayton DMA, the 53rd largest. The waiver is subject to the outcome of the television ownership  xproceeding, in which the Commission is considering issues related to radio/television crossownership.  S5-See infra  14.   Q-OnetoaMarket Waiver ShowingĐ S -TP x  Sj -  x3. Cox bases its request on the onetoamarket waiver standards adopted in the Second Report  S8 - xand Order in MM Docket No. 877, 4 FCC Rcd 1741 (1989) ("Second Report and Order"), recon.  S - xjgranted in part and denied in part, 4 FCC Rcd 6489 (1989) ("Second Report and Order Recon."). Under  xKthese criteria, the Commission presumptively favors waiver requests involving station combinations serving  xthe top 25 markets where there are at least 30 separately owned, operated, and controlled broadcast  Sn- xlicensees or "voices" after the proposed combination ("top 25 market/30 voice standard").$"n yO - xЍ Pursuant to the statutory directive "to extend its [onetoamarket] waiver policy to any of the top 50 markets,  xwconsistent with the public interest, convenience and necessity," under the Telecommunications Act of 1996, Pub. L.  xNo. 104104,  202(d), 110 Stat. 56 (1996), the Commission is considering a proposal to implement extension of  {Ox -the waiver policy in the Second Further NPRM, 11 FCC Rcd at 21685.$ The  xCommission also favors waiver requests involving "failed" broadcast stations, that is, stations that have  xynot been operating for a substantial period of time or that are in bankruptcy proceedings. Otherwise, the  S- xLrequests must be evaluated under a more rigorous casebycase approach. See 47 C.F.R.  73.3555, note 7.  S=-  x4. We shall review Cox's waiver request under the casebycase standard because Dayton is the  x53rd largest DMA in the country and there is no claim that any of stations WPTW(AM), WCLR(FM) or  xWZLR(FM) are "failed stations," as defined by the Commission. Moreover, evaluation of the waiver",l(l(,,"  xzrequest under the casebycase standard is appropriate because the proposed transactions involve the  S- xOcommon ownership of more than one sameservice radio station with a television station. See  S- xMemorandum Opinion and Order, MM Docket 91140, 7 FCC Rcd 6387, 6394 n. 40 (1992). Under the  xcasebycase standard, the Commission makes a public interest determination based upon the following  xfive criteria: (1) the potential public service benefits that will arise from the joint operation of the facilities  xinvolved, such as economies of scale, cost savings and programming and service benefits; (2) the types  x.of facilities involved; (3) the number of media outlets owned by the applicant in the relevant market; (4)  xthe financial difficulties of the stations involved; and (5) the nature of the relevant market in light of the  Sj- xlevel of competition and diversity after joint operation is implemented. Second Report and Order, 4 FCC  xMRcd at 175354. In enunciating the five factors to be considered under the case-by-case standard, the  xmCommission noted that not all five factors must be satisfied in each case, but rather the overall  S- xMconsideration of these factors must weigh in favor of granting the waiver request. Second Report and  S - xOrder Recon., 4 FCC Rcd at 6491. In support of its waiver request, Cox submits a showing which addresses each of the five factors.  S -  mx5. Public Service Benefits of Joint Operation.  Cox contends that the proposed combination of  xZWPTW(AM), WCLR(FM) and WZLR(FM) with WHIO(AM), WHKO(FM) and WHIOTV would create  xefficiencies that would result in annual savings of $630,123 and a one time savings of $256,500, totaling  Sp- xapproximately $886,623. Specifically, Cox states that consolidation of management, administration, data  x=processing, professional services and news and public affairs personnel would result in estimated annual  xsavings of approximately $50,523. The shared use of technical staff for consultation and tower  xLmaintenance and inspection will result in annual savings of $7,000. Bulk discounts on services, supplies  xand major capital items would save an estimated $32,000 per year. Combined studio usage will save at  xleast $120,000 in rent a year. Presently, the Piqua/Xenia stations do not have news, weather or traffic  xdepartments. Cox estimates that it would cost over $120,000 per year for the stations to provide these  x.services which will become available under the proposed common ownership. In addition, by providing  xzfor shared news resources, such as wire services and stringers, Cox estimates that it will save $17,500  xannually. Common ownership will permit the stations to access WHIOTV's weather tracking equipment  x=at an estimated one time savings of $200,000 and Cox's school watch system, with a one time savings of  x$6,500 and an annual savings of $1,000. Cox foresees significant savings in the combined operations of  xthe stations' sales and marketing efforts, expecting to realize an annual savings of $20,000 from market  xzresearch costs and $10,000 from Arbitron subscription fees. Combined purchasing of advertising and  xypromotional expenses would save approximately $230,100. Consolidation of sales operations will result  xin a one time savings of $50,000 and annual savings of $10,000 associated with the operation of the stations' traffic system and $11,000 in fees and marketing supplies.  S-  ox6. Cox asserts that the communities of Piqua and Xenia will benefit from the economic  xefficiencies created by the proposed combination through improved programming and public service  xkbenefits. Cox states that efficiencies associated with common ownership will allow it to significantly  x-enhance the Piqua/Xenia stations' traffic and weather reports. Specifically, WPTW(AM), WCLR(FM) and  xWZLR(FM) will have access to WHIOTV's extensive meteorological resources and, in times of  xemergency, consolidated operations will permit indepth coverage over a broad geographic area and the  xsimulcasting of reports. In addition, by accessing WHIO(AM)'s comprehensive traffic monitoring system,  xthe Piqua/Xenia stations will be able to update listeners more frequently on traffic and road conditions.  xFurthermore, combined ownership will permit Cox to pool its resources in producing public affairs  xprograms for its stations. Cox plans to produce three new weekly public affairs programs, all entitled  S$- x.Miami Valley Reports, which will air on each of the Piqua/Xenia stations. Its commitment to airing local  xpublic affairs programs also includes coverage of the Piqua and Xenia communities in the Dayton stations'  x]newscasts. Cox anticipates that the stations will collaborate on addressing community issues and  xkparticipate in joint interviews for local public affairs programs, fostering increased involvement in the"D',l(l(,,+"  xcommunities and greater exploration of ascertained community issues. Common ownership will allow Cox  x\to telecast remote community events such as town meetings, sporting events and political debates on  x[WHIOTV and simulcast those events on one or more of the radio stations. In addition, the Piqua/Xenia  x.stations will have access to the audio feeds of WHIOTV's news and weather bulletins and live coverage  xLof local emergencies, as well as access to the television station's local news programming for rebroadcast.  x>Cox states that common ownership will foster further interaction with the communities of Piqua and  xLXenia. For example, Cox will name a public affairs director for WZLR(FM) and WCLR(FM) to explore  xpublic service activities within the stations' respective communities. The proposal will also enable the  xstations to engage in joint minority and female recruitment efforts, sharing information concerning sources,  x.referrals and prospective applicants. Finally, Cox currently operates an Internet website for its Dayton  x\stations and plans to expand this website to include information concerning the Piqua/Xenia stations.  xExpansion of this website will provide an additional opportunity for the stations to engage in cross xjpromotion, publicize job opportunities, and promote public affairs programming and community events.  Si -  S6 -  x7. Types of Facilities. Regarding the three stations Cox proposes to acquire, WPTW(AM) is a  xClass B station that operates on 1570 kHz at 250 watts both day and nighttime, with a nondirectional  xantenna; WCLR(FM) is a Class B station that operates on 95.7 MHz with 50,000 watts effective radiated  xLpower ("ERP") at 145 meters antenna height above average terrain ("HAAT"); WZLR(FM) is a Class A  xKstation that operates on 95.3 MHz with 6000 watts ERP at 98 meters antenna HAAT. With respect to the  xzradio stations already controlled by Cox or through its related corporations, WHIO(AM) is a Class B  x=station that is licensed at 1290 kHz and operates at 5,000 watts, with a nondirectional daytime antenna  xyand a directional nighttime antenna, while WHKO(FM) is a Class B station operating on 99.1 MHz with  x50,000 watts ERP at 325 meters antenna HAAT. Lastly, WHIOTV is a VHF station operating on  xChannel 7 as a CBS network affiliate, and operates with 200,000 watts authorized power at 348 meters antenna HAAT.  S-  x8. Cox contends that the Piqua/Xenia stations are comparable in size and power to many other  xstations in the Dayton radio market. Specifically, Cox asserts that there are at least five other Class B FM  xcommercial stations operating at 50 kW, two Class B AM stations operating at 5 kW, and one Class A  xFM commercial station operating at 6 kW. With respect to television stations serving the market, Cox  xcontends that WHIOTV competes with one commercial VHF station and four powerful commercial UHF  xstations in the Dayton DMA. All six of the commercial stations are network affiliates. One noncommercial television station also operates in the Dayton DMA.  Qn-  S;-  x9. Other Media Outlets. As noted, CEI, the parent corporation of Cox, owns the Miami Valley  xBroadcasting Corporation, licensee of television station WHIOTV, Dayton, Ohio, as well as WHIO, Inc.,  xlicensee of WHIO(AM) and WHKO(FM), Dayton, Ohio. In addition to these Dayton radio and television  xxstations, CEI, through subsidiary companies, owns the Dayton Daily News and Springfield NewsSun, both  x{daily newspapers serving the Dayton market. Cox contends that, because the 1m/Vm contours of  x.WCLR(FM) and WZLR(FM) and the 2 mV/m contour of WPTW(AM) do not encompass the cities of  xDayton and Springfield, no waiver of the radionewspaper crossownership rule, 47 C.F.R.  73.3555(d), is required.  S!- " Sq"-  0"x 10. Economic Status.  Cox states that, while none of the broadcast stations at issue face financial  xdistress, the Piqua/Xenia stations are not strong competitors in the Dayton radio market. At best, Cox  xcontends, the Piqua/Xenia stations break even and have operated with only a marginal operating budget.  xCox asserts that low Arbitron audience share ratings are indicative of the Piqua/Xenia stations' deficient financial situation and ability to perform in the market.  S@'-  x 11. Competition and Diversity in the Market. The final factor in Cox's showing is the nature of"@',l(l(,,+"  xNthe relevant market in light of the Commission's concerns about diversity and competition. Cox's  S- xsubmission indicates that there are a total of 33 radio stations in the Dayton market, 21 commercial  xstations and 12 noncommercial stations. Following the proposed acquisition, the Dayton market will have  x eleven separately owned commercial radio voices and twelve separately owned noncommercial radio  S4- xvoices. Cox also states that there are seven fullpower television stations, including WHIOTV, in the  S- x[Dayton DMA, controlled by seven separate owners. Additionally, Cox states that Dayton is served by  S- x[ three low power television stations, one independently operated Multipoint Distribution Service and six  xkindependently operated Multichannel Multipoint Distribution Services. The cable penetration in the  x.Dayton television market is 69%. Cox further asserts that the Dayton market is served by a substantial  xxnumber of newspapers and that the two Coxowned newspapers compete with five other daily newspapers,  xas well as fourteen weekly newspapers, including those owned by other group newspaper publishers.  x-Thirteen other daily newspapers are published in the Dayton DMA. It contends that national publications such as the Wall Street Journal and USA Today provide additional competition to the market.  Q6 -9ZDiscussion TP  S -  x 12. Radio Ownership Rules.  We turn first to Cox's compliance with our local radio ownership  S - xrules. 47 C.F.R. 73.3555(a)(1). Our analysis of the data submitted indicates that Cox's proposed  xjcommon ownership of the Piqua/Xenia radio stations and the Dayton radio stations creates two separate  xradio markets under the Commission's rules. The first radio market (Market #1) is defined by the principal  xcommunity contours of radio stations WCLR(FM), WHKO(FM), WHIO(AM) and WPTW(AM). There  xare 64 commercial radio stations, including 28 AM and 36 FM stations whose principal community  xcontours overlap Market #1. The second radio market (Market #2) is defined by the principal community  xcontours of WHKO(FM), WZLR(FM) and WHIO(AM). The principal community contours of fiftyfive  x.commercial radio stations, including 24 AM and 31 FM stations, overlap Market #2. In markets of this  x[size, Commission rules permit Cox to own up to eight radio stations, no more than five of which may be  xyin the same service. 47 C.F.R.  73.3555(a)(1)(i). Here, Cox's radio holdings will not exceed four stations  xin either market two FM and two AM radio stations in Market #1 and two AM and one FM in Market  x#2. Accordingly, Cox's proposed ownership of four commercial radio stations, two FM and two AM, in  xMarket #1 and three commercial radio stations, one FM and two AM, in Market #2, complies with the  xLnumerical local ownership cap for radio stations. Moreover, our review of the record in this case reveals  xno other circumstances that would preclude grant of the applications under the radio ownership rules. We  xconclude that, with respect to local radio ownership, Cox's acquisition of WPTW(AM), WCLR(FM) and WZLR(FM) would serve the public interest.  S-  ]x 13. OnetoaMarket Waiver. Turning to the substance of Cox's onetoamarket waiver request,  x.we will follow the policy established in recent onetoamarket waiver cases where the radio component  xto a proposed combination exceeds those permitted prior to the adoption of the Telecommunications Act  Sp- xof 1996. See Maximum Media, Inc., 12 FCC Rcd 3391, 339596 (1997); see also S.E. Licensee G.P., 11  S>- xFCC Rcd, 16727, 1673233 (1996); Shareholders of Citicasters, Inc., 11 FCC Rcd 19135, 19143 (1996).  xIn such cases, the Commission declined to grant permanent waivers of the onetoamarket rule, and  xinstead where appropriate, granted temporary waivers conditioned on the outcome of related issues raised  S!- xin the television ownership rulemaking proceeding. Second Further NPRM, 11 FCC Rcd at 21689.  xSimilarly, we conclude that a permanent, unconditional waiver would not be appropriate here. Cox has,  xhowever, demonstrated sufficient grounds for us to grant a temporary waiver conditioned on the outcome of the rulemaking proceeding.  S%-  x 14. As to the first criterion, the potential public service benefits of joint ownership, the  xCommission considers the public service benefits that could result from the proposed radiotelevision  SB'- xcombination, such as projected economies of scale, cost savings and program and service benefits. Second"B',l(l(,,+"  S- xReport and Order, 4 FCC Rcd at 1753. Cox has demonstrated that combining WPTW(AM), WCLR(FM)  xand WZLR(FM) with its existing stations will result in substantial cost savings of approximately $630,000  xannually and a one time savings of $256,500. These cost savings will translate into public service and  xprogramming improvements. In this regard, WPTW(AM), WCLR(FM) and WZLR(FM) will have access  xto the newsgathering and weather forecasting resources of WHIOTV, as well as the traffic monitoring  x.system of WHIO(AM). In the event of an emergency, the consolidated operations will permit coverage  x\over a broad geographic area and the simulcasting of reports. Cox will share the advanced technology  xand equipment of its currently owned stations with stations WPTW(AM), WCLR(FM) and WZLR(FM)  xjand these stations will have access to the audio feeds of WHIOTV's news and weather bulletins and live  xMcoverage of local emergencies, as well as access to the television station's local news programming for  xyrebroadcast. In addition to greater accessibility to extensive operational resources, Cox specifically plans  xjto increase its public service programming by producing three new weekly public affairs programs which  xwill air on the Piqua and Xenia stations. Furthermore, Cox will expand the Dayton stations' newscasts  xlto include coverage of the communities of Piqua and Xenia. Community service initiatives will be  xaugmented through the appointment of a public affairs director for WZLR(FM) and WCLR(FM) to  x=investigate public service opportunities within the stations' respective communities, and the engagement  xMin joint minority and female recruitment efforts, sharing information concerning sources, referrals and  xprospective applicants. Finally, Cox proposes to expand its current Website to include information  xconcerning the Piqua and Xenia stations, providing the stations with an additional opportunity to promote  S8-their public affairs programming and community events.  S-  S-  lx15.  While Cox's commonly owned facilities will be significant in technical terms, our independent  x[analysis verifies that there are competing stations with comparable facilities including at least three other  xgroup owners with existing multiple AMFM combinations. The Commission's "concern with the types  x.of facilities merging under the authority of a onetoamarket waiver reflects our interest in assessing the  xpotential impact of a proposed combination of stations in a given market in order that we might predict  xand avoid any significant adverse effect on diversity or competition from too powerful a combination."  S- xGreat American Television and Radio Co., Inc., 4 FCC Rcd at 634950. Two of the three FM stations  xin Cox's proposed combination are Class B stations, and our analysis shows that there are at least five  xadditional commercial Class B FM stations in the Dayton TV metro market, as well as three additional  xnoncommercial Class B FM stations. All five of these commercial Class B stations are technically  x[comparable to WHKO(FM), the most powerful FM in Cox's proposed combination. With regard to the  xtwo AM stations in Cox's proposed combination, there are at least two additional AM stations in the  xMDayton TV metro market with facilities that are technically comparable to Cox's most powerful AM  x[station, WHIO(AM). Our independent analysis also indicates that aside from Cox's WHIOTV, there is  x\one other commercial VHF station, four commercial UHF stations, and one noncommercial television  xstation in the Dayton DMA. One of these stations, VHF station WDTN, an ABC affiliate, has technical facilities that are comparable to those of WHIOTV, a CBS affiliate.  Sp-x  S=-  {x16. With respect to financial conditions, as stated earlier, neither WPTW(AM), WCLR(FM), nor  x-WZLR(FM) are failed stations, nor has Cox demonstrated financial distress. However, we previously have  S - xindicated that not all five factors need be present to justify grant of a waiver. Second Report and Order  S!- xjRecon., 4 FCC Rcd at 6491. We also have granted a number of onetoamarket waivers where there was  Ss"- xno finding that any of the stations were in financial distress. See, e.g., DeArias, 11 FCC Rcd at 3662; Alta  SA#- xGulf FM, Inc., 10 FCC Rcd 7750, 7751 (1995); Henry Broadcasting Co., 11 FCC Rcd 1175 (1995);  S$- x=Atlantic Morris Broadcasting, Inc., 10 FCC Rcd 9495 (1995); Secret Communications Ltd., 10 FCC Rcd 6874 (1995).  Sw&-  Ox17.  Regarding Coxs media holdings, we find that the proposed combination would not create"w&,l(l(,,0*"  S- xundue concentration of ownership and control in the Dayton market, the 53rd largest DMA. yOh- xЍ #C\  P6QP# #]\  PCqP##C\  P6QP#As to the market definition within which to count the number of broadcast stations in the context of a onetoa xmarket waiver, the Commission considers "the relevant TV metro market for radio stations and the relevant ADI  {O- x-[Arbitron Area of Dominant Influence] TV market for TV stations." Second Report and Order at 1760 n.101.  {O- x[However, since Arbitron no longer compiles ADI data, we now accept showings using the Nielsen DMA. See  {O- xMedia/Communications Partners L.P., 10 FCC Rcd 8116 n.3 (1995). See also Review of the Commission's  {OV- xRegulations Governing Television Broadcasting, Further Notice of Proposed Rulemaking, 10 FCC Rcd 3524, 3539 n.59 (1995). We have  S- xverified that there are 33 radio stations in the Dayton TV metro market licensed to 21 separate owners.  xThere are also seven commercial and noncommercial television stations including WHIOTV in the Dayton  xDMA controlled by seven separate owners. After the proposed transaction, these 40 radio and television  S4- xM stations would be operated by 27 separate broadcast owners. Additionally, Cox states that there are  S- xseveral other media outlets in the market, including three low power television stations, an independently  xZoperated Multipoint Distribution Service, seven daily newspapers in the Dayton metro market and 15 daily  S- xnewspapers in the Dayton DMA. We also note that the cable penetration rate for the Dayton market has  xreached 70% of TV households. Finally, we recognize that the radionewspaper crossownership rule, 47  xC.F.R.  73.3555(d), is not implicated in the proposed transaction, as the 1mV/m contours of WCLR(FM),  xyPiqua, Ohio and WZLR(FM), Xenia, Ohio, and the 2mV/m contour of WPTW(AM), Piqua, Ohio do not  xencompass the cities of Dayton and Springfield. We conclude that this level of diversity is consistent with  S - xylevels approved in previous waiver requests. See, e.g., Paso Del Norte Broadcasting Corp., 12 FCC Rcd  Sj - x6876 (1997) (20 "voices" in 99th ranked market); Triad Skywaves, Inc., 12 FCC Rcd 6102 (1997) (22  S8 - x="voices" in 46th ranked market); Moosey Communications, Inc., 8 FCC Rcd 5247 (1993) (24 "voices" in 141st ranked market).  S -  0x18. With respect to economic concentration and competition, our independent analysis indicates  xthat WHIOTV garners 40.6 percent of television advertising revenues in the Dayton DMA. Cox's existing  xlradio stations garner 24.1 percent of radio advertising revenues. The acquisition of WPTW(AM),  xWCLR(FM) and WZLR(FM) will result in only a 2.4 percent increase in Cox's existing share for a total  x[of 26.5 percent of radio advertising revenues in the Dayton Radio Metro Market. Together, the stations  xin the proposed combination have a combined television and radio advertising revenue share of 36.4  Sn- xpercent .Tn yO- xJЍ#X\  P6G;qP# #C\  P6QP#Advertising revenue data is obtained from BIA Publications, Inc.'s Radio Master Access and Television Master  yO-Access data bases. #x6X@`7/X@#T Although the combined stations would thus receive a significant percentage of advertising  x[revenue in the Dayton market, this is primarily because the proposed assignee already owns WHIOTV,  xlthe leader in television advertising revenues for the market. We have granted waivers in situations  S- xinvolving similar incremental gains. See Pennino Broadcasting Corp., 12 FCC Rcd 10752 (1997)  x(television station garnered 55.3 percent of television advertising revenue; 6.6 percent of radio advertising  xNrevenue; acquisition of one AM and one FM station resulted in 3.2 percent gain in total radio and  S=- xtelevision advertising revenue; combined advertising share of 31.4 percent in the 164th ranked market);   S - xFurthermore, these figures are consistent with temporary onetoamarket waiver requests previously  S- xjapproved. Shareholders of Citicasters, Inc., 11 FCC Rcd at 1914519146 (1996) (49.01 percent of radio  S- xadvertising revenue and 32.03 percent of combined television and radio advertising revenues in 29th  St- xranked market). NewCity Communications, Inc., 12 FCC Rcd 3929 (1997) (32 percent of radio advertising  xzrevenue and 29 percent of combined television and radio advertising revenues in 22nd ranked market);  S- xTriathalon Broadcasting of Little Rock Licensee, Inc., 12 FCC Rcd 13907 (1997) (44.4 percent of radio  xadvertising revenue and 24.97 percent of combined television and radio advertising revenues in 57th  S-ranked market). "h ,l(l(,, "Ԍ S-  3ԙx19. We conclude, based on the record, that grant of a temporary, conditional waiver is  xappropriate. Grant of the waiver will result in economic efficiencies and facilitate enhanced public interest programming without undue effect on competition or diversity in the Dayton market.  S-3 Ordering Clauses ă  S-  x20. Accordingly, IT IS ORDERED that a temporary conditional waiver of the onetoamarket  xrule, 47 C.F.R. 73.3555(c), to permit common ownership of stations WPTW(AM) and WCLR(FM),  xPiqua, Ohio; WZLR(FM), Xenia, Ohio and WHIO(AM), WHKO(FM) and WHIOTV, Dayton, Ohio IS  xHEREBY GRANTED, subject to the outcome in the pending television ownership rulemaking proceeding,  Q- xReview of the Commission's Regulations Governing Television Broadcast Ownership, Second Further  S - xyNotice of Proposed Rulemaking, MM Docket Nos. 91221 and 878, 11 FCC Rcd 21655 (1996). Should  xdivestiture be required as a result of that proceeding, Cox is directed to file an application for Commission  S7 - xconsent to sell the necessary station(s) within six months from the release of the final Order in that  xproceeding. Any request to extend this conditional waiver should be filed at least 45 days prior to the end  S -of the sixmonth period and would be closely scrutinized.  Sk-  lx21. IT IS FURTHER ORDERED, that, having found the applicants fully qualified and that grant  xof the applications would serve the public interest, the applications to assign the licenses of WPTW(AM)  xand WCLR(FM), Piqua, Ohio and WZLR(FM), Xenia, Ohio from Xenia Broadcasting, Inc. to Cox Radio, Inc. (File Nos. BAL980302GE, BALH980302GF and BALH980302GG) ARE HEREBY GRANTED.  S9-  FEDERAL COMMUNICATIONS COMMISSION x x` `  Roy J. Stewart x` `  Chief, Mass Media Bureau