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the Federal Communications Commission  S'"2Washington, D.C. 20554 ă  T44In re Application of#&I7  PT6Qb&P#) ) KLZK, Inc.)  T4(Assignor)#&I7  PT6Qb&P#) )  T54and)File No. BALH980422GH  T4) Ramar Communications II, Ltd.) (Assignee)) ) For Assignment of License of ) Station KLZK(FM), Brownfield, Texas) )  S74  MEMORANDUM OPINION AND ORDER \  T4X` hp x (#%'0*,.8135@8:#"  x  license of KLZK(FM). Consequently, Ramar has requested a permanent onetoamarket waiver to permit  S' xcommon ownership of one TV, one AM and two FM stations in the Lubbock market.V{@ S5' " ԍ#C\  P6Q QwP#Exhibit IIB to the assignment application states that Ramar currently provides more than 15% of the  x programming of KLZK(FM), pursuant to a Local Marketing Agreement with KLZK, Inc. the station's current  x licensee. Such brokerage renders KLZK(FM) attributable to Ramar for purposes of the local radio ownership rules,  {O'but not the onetoamarket rule. Compare 47 C.F.R.  73.3555(a)(3)(i) and 47 C.F.R.  73.3555(c). V Grant of the  xsubject transaction would allow Ramar to control one TV, one AM and two FM stations in the Lubbock  x*Designated Market Area ("DMA"), the nation's 147th largest DMA. For the reasons set forth below, we grant the assignment application and a permanent waiver of our onetoamarket rule.  S''OnetoaMarket Waiver Showingă  Si' "4.Ramar bases its request on the onetoamarket waiver standards adopted in the Second Report and  S7' xgOrder in MM Docket No. 877, 4 FCC Rcd 1741 (1989) ("Second Report and Order"), recon. granted  S' xin part and denied in part, 4 FCC Rcd 6489 (1989) ("Second Report and Order Recon."). Under these  x7criteria, the Commission presumptively favors waiver requests involving station combinations serving the  xQtop 25 markets where there are at least 30 separately owned, operated, and controlled broadcast licensees  Sm ' xor "voices" after the proposed combination ("top 25 market/30 voice standard").) ;footnote reference)#;footnote reference#>m {@ yO' " #C\  P6Q QwP##;footnote reference#Í)G;footnote reference)Pursuant to the statutory directive "to extend its [onetoamarket] waiver policy to any of the top 50  x markets, consistent with the public interest, convenience and necessity," under the Telecommunications Act of 1996,  x Pub. L. No. 104104,  202(d), 110 Stat. 56 (1996), the Commission is considering a proposal to implement  {O'' x extension of the waiver policy in Review of the Commission's Regulations Governing Television Broadcasting,  {O'Second Further Notice of Proposed Rulemaking, 11 FCC Rcd 21655, 21685 (1996).> The Commission also  xfavors waiver requests involving "failed" broadcast stations, that is, stations that have not been operating  xfor a substantial period of time or that are in bankruptcy proceedings. Otherwise, waiver requests must  S 'be evaluated under a casebycase approach. See 47 C.F.R.  73.3555, note 7.  So' "5.We shall review Ramar's waiver request under the casebycase standard because Lubbock is the  x147th largest DMA in the country and there is no claim that KLZK(FM) is a failed station, as defined by  xthe Commission. Moreover, evaluation of the waiver request under the casebycase standard is  xappropriate because the proposed transaction involves the common ownership of more than one same S' xkservice radio station with a television station. See Memorandum Opinion and Order, MM Docket 91140,  x7 FCC Rcd 6387, 6394 n. 40 (1992). Under the casebycase standard, the Commission makes a public  xinterest determination based upon the following five criteria: (1) the potential public service benefits that  xwill arise from the joint operation of the facilities involved, such as economies of scale, cost savings and  x@programming and service benefits; (2) the types of facilities involved; (3) the number of media outlets  xtowned by the applicant in the relevant market; (4) the financial difficulties of the stations involved; and  x(5) the nature of the relevant market in light of the level of competition and diversity after joint operation  S?' xis implemented. Second Report and Order, 4 FCC Rcd at 175354. In enunciating the five factors to be  xconsidered under the casebycase standard, the Commission noted that not all five factors must be  xxsatisfied in each case, but rather the overall consideration of these factors must weigh in favor of granting  S' xthe waiver request. Second Report and Order Recon., 4 FCC Rcd at 6491. In support of its waiver request, Ramar has submitted a showing which addresses each of the five factors. "Bv 0*&&,,"Ԍ S' "86.Public Service Benefits of Joint Operation. Ramar contends that the proposed combination of  xVKLZK(FM) with KXTQ(AM), KXTQFM and KJTV would create efficiencies that would generate  xgsubstantial cost savings. Ramar has identified several specific areas of potential savings, totaling more  xthan $250,000 per year. Specifically, Ramar estimates annual cost savings of at least $174,000 from  xxcentralization of the management, accounting, engineering and administrative functions of its stations with  xthose of KLZK(FM). Ramar expects to save at least another $54,000 from combined purchasing power  xkand promotional and other efficiencies. Furthermore, Ramar estimates that consolidation of programming operations should produce an additional $35,000 in savings.  S6' "l7.Ramar asserts that the communities of Brownfield and Lubbock will benefit from the economic  xefficiencies created by the proposed combination through improved programming and public service  xbenefits. Ramar states that it intends to invest a portion of these substantial cost savings to enhance the  x_locally originated and public interest programming of KLZK(FM). Toward this end, Ramar has  xcommitted to expand the live local programming provided on KLZK(FM) by nearly 75 hours per week,  x^to double the amount of local news programming provided on the station, to improve the scope and depth  xof that programming, to hire new programming talent for the station, as well as to increase the amount  x*of public service announcements broadcast on KLZK(FM). Additionally, Ramar states that these savings  x&will enable KLZK(FM) and the Ramar stations in general to enhance their overall community outreach  xefforts, including expanding their existing community service projects and fundraising campaigns, such  xas America's Walk for Diabetes. Ramar also states that it will utilize a portion of the generated cost  xsavings to implement an internship program for qualified minority candidates interested in a career in communications at one or more of its stations.  Sl' "_8.Ramar recites other public service programming benefits of combined ownership and operation  xyof these radio and television stations, some of which have already been experienced through the  xDcombination of resources and facilities of KJTV, KXTQ(AM) and KXTQFM. Ramar states that KXTQ xFM, which serves the Lubbock Hispanic community, simulcasts the audio portion of KJTV's broadcast  xof the Tejano Music Awards, an annual event that celebrates indigenous tejano music and recognizes the  xgaccomplishments of Hispanic musical artists. Ramar contends that stand alone stations have difficulty  xfinancing the production of similar programming for listeners without the pooling of such resources, and  x that these established resources stand to considerably benefit listeners of KLZK(FM), increasing both  xZefficiency of operations and providing a richer programming product to the station's listeners, benefits  xwhich would not be available without the efficiencies created by coownership. Moreover, Ramar states  xthat public affairs programs on all of Ramar's stations would benefit from sharing knowledge of  xcommunity issues and program producers. In this regard, Ramar states that through synergies with  xKLZK(FM), the listeners to programs such as KXTQFM's "Morning Show" would be exposed to broader  xcoverage of more issues and information. Finally, Ramar argues that combined operations would  xstrengthen Ramar's overall ability to continue to serve the programming and information needs of the Hispanic community in the Lubbock area through its programming on KXTQFM.  S ' "_9.Types of Facilities. Ramar reports that KLZK(FM) is a Class C2 station that operates on 104.3  x}MHz with 50 kW effective radiated power ("ERP") at 466 feet antenna height above average terrain  x3("HAAT"). With respect to the stations currently owned by Ramar, Ramar states that KXTQFM is a  xClass C1 station that operates on 93.7 MHz with 100 kW ERP at 740 feet antenna HAAT and  xKXTQ(AM) is a Class B station that operates on 950 kHz at 5 kW daytime with a directional antenna and  xtat 500 watts nighttime with a directional antenna. KJTV is a UHF station operating on Channel 34 as a Fox Network affiliate, and operates with 3720 kW authorized visual power at 840 feet antenna HAAT. "$0*&&,,`%"Ԍ S' "_ԙ10.Ramar states that these facilities are comparable in size and power to many other stations in the  xLubbock radio market. Specifically, Ramar's showing indicates that there are at least six other Class B  xkAM commercial stations, eight other Class C1 FM stations, one of which is noncommercial, and six other  xClass C2 FM stations, two of which are noncommercial. With respect to television stations serving the  xmarket, Ramar contends that KJTV competes with two commercial VHF stations, one commercial UHF station and one noncommercial UHF station. All three commercial stations are network affiliates.  S' "11.Other Media Outlets. Ramar states that the only other media outlets owned by Ramar in the  Si' xLubbock market are low power television stations KUPTLP, KXTQLP and K62DG.);footnote reference)#;footnote reference#0i{@ yO'#C\  P6Q QwP##;footnote reference#Í);;footnote reference)Ramar also holds a construction permit for a new low power television station (K64FD) in Lubbock. 0 Ramar contends  xthat because of their secondary status, low power stations are subject to no multiple ownership restrictions  xand Ramar's ownership of them has negligible impact on its request for a waiver of the onetoamarket  S'rule.  S '  Sj ' "12.Economic Status. Although Ramar does not argue that KLZK(FM) is a failed station, it contends  xthat the station suffered financial losses of approximately $57,000 during the 12month period from  xFebruary 1997 through January 1998. In addition, Ramar notes that the station was silent for several years  xand that Southwest Broadcasting Corporation, predecessorininterest to KLZK, Inc., and later KLZK, Inc.,  xincurred approximately $40,000 in legal, engineering and settlement fees relating to their efforts to  xprosecute a modification application and to resume broadcast operations on the station. Ramar asserts that  xKLZK(FM) only resumed broadcast operations in February 1997. Finally, Ramar contends that, absent  xan assignment of the license to a qualified buyer, KLZK(FM) would lose approximately $2,000 to $3,000  xgper month. In the event that the Commission concludes that KLZK(FM)'s financial condition does not  S' xsatisfy the strict financial difficulties component of the waiver showing set forth in the Second Report and  Sn' xpOrder, Ramar notes that not all casebycase factors are relevant in every waiver case, and that the  xCommission has granted numerous onetoamarket waivers in the absence of a showing of financial  S ' xgdifficulties. See, e.g., S.E. Licensee G.P., 11 FCC Rcd 16728, 16734 (1996); Stockholders of Infinity  S'Broadcasting, 12 FCC Rcd 5012, 5052 (1996).  Sr' "+13.Competition and Diversity in the Market. The final factor in Ramar's showing is the nature of  S@' xDthe relevant market in light of the Commission's concerns about diversity and competition.)+?;footnote reference)#;footnote reference#: 0 @ {@ yO8' " #C\  P6Q QwP##;footnote reference#Í)G;footnote reference)As to the market definition within which to count the number of broadcast stations in the context of a one x; toamarket waiver, the Commission considers "the relevant TV metro market for radio stations and the relevant ADI  {O' x [Arbitron Area of Dominant Influence] TV market for TV stations."  Second Report and Order at 1760 n.101.  x^ However, Ramar states that since Arbitron no longer compiles ADI data, the Commission now accepts showings  {OZ' x using the Nielsen DMA. See Media/Communications Partners L.P., 10 FCC Rcd 8116 n.3 (1995). See also Review  {O$' x; of the Commission's Regulations Governing Television Broadcasting, Further Notice of Proposed Rulemaking, 10  xt FCC Rcd 3524, 3539 n.59 (1995). In addition, Ramar asserts that where a radio station is not located within the  x boundaries of any television metro market, "it is appropriate to count as market stations those radio stations licensed  xk to counties where the radio stations at issue in the combination are licensed and those radio stations that place a  x principal community service contour over the counties where the radio stations at issue in the combination are  {O#' x licensed." James M. Ward, Trustee for Gadsen Broadcasting Company, 10 FCC Rcd 8741, 8743 n. 4 (1995).  x Lubbock County is the only county in the relevant TV metro market. KLZK(FM) is located in Terry County (in  xx the Lubbock DMA, but not the Lubbock TV metro, or any other TV metro), while KXTQ(AM) and KXTQFM are"$0*&&v$"  x! located in Lubbock County. Accordingly, for the purposes of determining the number of independent voices in the  x relevant radio market, Ramar states that it is appropriate to count those radio stations that either are licensed to  x^ Lubbock County or Terry County, or that place a principal community service contour over all or part of either of  {O' x those counties. See Christian Faith Broadcast, Inc., 13 FCC Rcd 16143, 16149 (citing Triad Skywaves, Inc., 12 FCC Rcd 6102, 6107 (MMB 1997) (internal citations omitted)).: Ramar states"@z0*&&,,"  xthat in the Lubbock market there are at least 12 AM stations, 18 FM stations (for a total of at least 30  xradio stations 26 commercial and 4 noncommercial) and 6 television stations, licensed to 24 separate  xIowners, and that following the consummation of the proposed transaction, there will be at least 23  xxindependent voices serving that market. Furthermore, Ramar states that the predicted city grade contours  x"of 21 of the 30 radio stations in the Lubbock market penetrate Terry County (the county in which  xKLZK(FM) is located) and that following the consummation of the proposed transaction, these 20 stations  xMwould be licensed to 12 separate owners. Additionally, the cable penetration in the Lubbock television  xQmarket is 64%. Finally, Ramar contends that the Lubbock market is served by two daily newspapers and ten additional weekly publications.  S'\jDiscussionăpp  S ' "14.Radio Ownership Rules. We turn first to Ramar's compliance with our local radio ownership  xrules. 47 C.F.R.  73.3555(a)(1). The relevant radio market is defined by the mutually overlapping  xprincipal community contours of radio stations KLZK(FM), KXTQ(AM) and KXTQFM. There are at  xleast 26 commercial radio stations, including 14 FM stations and 12 AM stations, whose principal  xcommunity contours overlap this market. In markets of this size, Commission rules permit Ramar to own  xup to six radio stations, no more than four of which may be in the same service. 47 C.F.R.   x73.3555(a)(1)(iii). Thus, Ramar's ownership of three commercial radio stations, two FM and one AM,  xcomplies with the numerical local ownership cap for radio stations. Moreover, our review of the record  xin this case reveals no other circumstances that would preclude grant of the application under the radio  xownership rules. We conclude that, with respect to local radio ownership, Ramar's acquisition of KLZK(FM) would serve the public interest.  S:' "15.OnetoaMarket Waiver. In evaluating a request for a permanent waiver of the onetoamarket  xrule, the Commission's goal "is to permit the public to benefit from such efficiencies of operation as may  xbe achieved through the use of common facilities and staff, consistent with the maintenance of diversity  S' xgand vigorous competition within the market areas involved." Second Report and Order Recon., 4 FCC  xRcd at 6491. We conclude that Ramar's showing in support of a waiver of the onetoamarket rule meets  xour casebycase criteria, and that a permanent waiver in this instance is consistent with the public interest and is not likely to unduly diminish diversity and competition in the Lubbock market.  S' "y16.As to the first criterion, the potential public service benefits of joint ownership, the Commission  xgconsiders the public service benefits that would result from the proposed radiotelevision combination,  S>' xxsuch as projected economies of scale, cost savings and program and service benefits. Second Report and  S ' xOrder, 4 FCC Rcd at 1753. Ramar demonstrates that common ownership and operation of KLZK(FM),  xKXTQ(AM), KXTQFM and KJTV creates efficiencies and cost savings which inure to the public benefit.  x7Ramar has shown that combined operation of the stations will generate approximately $250,000 in annual  xlsavings which will be used to enhance the locally originated and public interest programming of  xKLZK(FM) through expansion of KLZK(FM)'s live local programming by nearly 75 hours per week,"Az0*&&,,"  xZdoubling the amount of local news programming on the station, improving the scope and depth of that  x7programming, hiring new programming talent for the station, and increasing the amount of public service announcements broadcast on KLZK(FM).  S4' "A17.Ramar also has shown that the cost savings resulting from combined ownership will enable  xIKLZK(FM) and the Ramar stations in general to enhance their overall community outreach efforts,  x*including expanding their existing community service projects and fundraising campaigns. We also note  xQwith approval Ramar's commitment to utilize a portion of these funds to implement an internship program for qualified minority candidates interested in a career in communications at one or more of its stations.  S' "18.With regard to technical facilities, our independent analysis verifies the existence of competing  xfacilities in the market that are generally technically comparable or superior to the proposed combination.  xThe Commission's "concern with the types of facilities merging under the authority of a onetoamarket  xgwaiver reflects our interest in assessing the potential impact of a proposed combination of stations in a  xpgiven market in order that we might predict and avoid any significant adverse effect on diversity or  S ' xcompetition from too powerful a combination." Great American Television and Radio Co., Inc., 4 FCC  xRcd 6347, 634950 (1989). According to our review, there are two other Class C2 FM stations with  xtechnical facilities comparable to KLZK(FM) that provide service to Terry County. Two other Class C2  xFM stations with comparable technical facilities provide service to Lubbock County. Additionally, there  xDare two noncommercial Class C2 FM stations, both of which provide service to Lubbock County. There  xare seven commercial Class C1 FM stations that have technical facilities comparable to KXTQFM and  xthat provide service to Terry County. There are seven Class B AM stations, at least three of which have  xtechnical facilities comparable to KXTQ(AM), and one of those three stations serves Terry County. Our  xindependent analysis also indicates that, in addition to KJTV, which is a UHF station, there are five other  xttelevision stations licensed to Lubbock, three of which are VHF stations. One of these VHF stations is  xa noncommercial station. Given the existence of these competing television and radio facilities in the  xmarket, the proposed combination does not present issues of market dominance inconsistent with the public interest.  S:' "<19.With respect to financial condition, KLZK(FM) is not a failed station, but Ramar has demonstrated  xthat the station has suffered financial losses in the past. Ramar has also shown that KLZK(FM) was silent  x7for several years before returning to the air. Even though the record does not support a showing that the  x<station is in immediate financial distress, the Commission has held that "not all of the [five] factors  Sn' xImentioned will be relevant in every case" (Second Report and Order, 4 FCC Rcd at 6491), and has  S<' x granted onetoamarket waivers in the absence of a showing of financial distress. See, e.g., Greater  S ' xMuskegon Broadcasters, Inc., 11 FCC Rcd 15464, 15470 (1996); Alabama Universal Corporation, 12 FCC Rcd 7556, 7563 (1997).  Sr' "20.Finally, we have carefully considered whether the proposed combination would create undue  xconcentration of ownership or control in the Lubbock market. The Lubbock market is the 147th largest  S ' x7television market in the United States.)I;footnote reference)#;footnote reference# {@ {Ot"'#C\  P6Q QwP##;footnote reference#Í);;footnote reference)See Television & Cable Factbook, Television Vol. No. 66, A1138 (1998).  Following consummation of the proposed transaction, Ramar will  xhold the licenses of one television station, one AM station and two FM stations in the Lubbock market," "0*&&,,]!"  S' xand will not have any other significant media interests in that market.)Uv;footnote reference)#;footnote reference#X{@ yOh' " #C\  P6Q QwP##;footnote reference#Í)G;footnote reference)Ramar also holds licenses for low power television stations KUPTLP, KXTQLP and K62DG, and a construction permit for a new low power television station K64FD in Lubbock.  Based upon Ramar's showing, we  S' xhave independently verified that there are 5 television stations licensed to the Lubbock ADI.N {@ yO' " #X\  P6G; QwP#э We have excluded KPTB(TV), Lubbock, Texas, which is listed in Ramar's showing, because that station  x is not yet on the air. Nonoperational stations are not counted in order to determine the number of stations and  {O' x "voices" in a market. See, e.g., Greater Los Angeles Radio, Inc., 12 FCC Rcd 10,501 at n. 8 (MMB 1997), citing  {O'Second Report and Order, 4 FCC Rcd at 1759 n.86.  {O'   N There are  xalso a total of 19 radio stations 7 AM and 12 FM licensed to communities in the Lubbock television  Sg' xmetro market.N jg{@ S ' " ԍ#C\  P6Q QwP# We have also excluded an additional FM station that has a construction permit for a station in Idalou,  {O 'Texas, because that station is not yet on the air. (File No. BMPH951020IE). See n. 9, supra. N Following consummation of the subject transaction, these 24 broadcast stations will be  x<licensed to 15 separate owners. In addition, KLZK(FM)'s community of license is located in Terry  xCounty, outside the one county Lubbock television metro market. In other cases in which some of the  xradio stations in the proposed combination were not located in the television metro market, the  xICommission has also counted radio stations licensed to communities in the county where the radio  Sh' xZstations' communities of license were located. See, e.g., United Radio Group, Inc., 7 FCC Rcd 2207,  S6' x2208 (1992); Shareholders of American Radio Systems Corp., 13 FCC Rcd 12430, 12453 (MMB 1998);  S' xPaxson Communications Corporation, 12 FCC Rcd 19583, 19594 n.9 (MMB 1997). We have identified  x<2 additional FM radio stations, including KLZK(FM), and 1 additional AM radio station, licensed to  xcommunities in Terry County. These 3 stations represent 2 additional separately owned "voices." Thus,  xthere will be at least 17 independent "voices" in the market following Ramar's acquisition of KLZK(FM).  S9 ' xA wide variety of other media outlets are available in the market as well, including one daily newspaperF j9 @ {@ SQ' "  ԍ#X\  P6G; QwP#Our independent analysis confirms that the Lubbock AvalancheJournal (circulation (m) 66,661; (s) 78,061),  {O)'a daily newspaper, serves the Lubbock market. See Bacon's Newspaper Directory 1998. F,  S ' x ten additional weekly publications,).y;footnote reference)#;footnote reference#  {@ {O'#C\  P6Q QwP##;footnote reference#Í);;footnote reference)See Editor & Publisher International Yearbook 1998. #C\  P6Q QwP# # &J\  P6Qr&P#and cable television, which reaches 64 percent of the households in  S ' x&the market.)k;footnote reference)#;footnote reference#  <{@ {O'#;footnote reference##X\  P6G; QwP#э);footnote reference)See Television & Cable Factbook, Cable Vol. No. 66, F12 (1998).  This level of diversity is consistent with the level we have approved in previous waiver  S ' x^requests. See e.g., Pennino Broadcasting Corp., 12 FCC Rcd 10752 (1997) (12 "voices" in 164th ranked  Sn' x*market); Twenty First Century Broadcasting, Inc. 12 FCC Rcd 6974 (1997) (12 "voices" in 140th ranked market).  S' "21.#&J\  P6Qr&P#Regarding economic concentration and competition, our independent analysis indicates that KJTV  x@garners 19.2 percent of television advertising revenues in the Lubbock DMA. Although KLZK(FM) is  xlicensed to Brownfield, in Terry County, which is outside the Lubbock BIA/Arbitron radio metro, its  xadvertising revenue is included in the Lubbock BIA/Arbitron radio metro. However, KLZK(FM) receives  xtless than the threshold necessary to receive a reported share. KXTQ(AM) and KXTQFM have a total"  0*&&,,"  S' x7.3 percent of radio advertising revenues in the Lubbock Radio Metro Market.h{@ Sh' " ԍ#C\  P6Q QwP#Advertising revenue data is obtained from BIA Publications, Inc.'s Radio Master Access and Television Master Access data bases. Together, the stations  S' xZin the proposed combination have a combined television and radio advertising share of  15.6%, a figure  xsubstantially lower than combined television and radio advertising shares previously approved by the  Sg' xCommission. See, e.g., Shareholders of Citicasters, Inc., 11 FCC Rcd at 19135 (1996) (32.03 percent  S5' x&combined television and radio advertising revenues in the 29th ranked market); Pennino Broadcasting  S' xCorp., 12 FCC Rcd 10752 (1997) (31.4 percent combined advertising revenues in the 164th ranked  S' xmarket); Triathlon Broadcasting of Little Rock Licensee, Inc., 12 FCC Rcd 13907 (MMB 1997) (24.97 percent of combined advertising revenues in 57th ranked market.  S9' "22.Based on the record, we conclude that the parties are fully qualified and that grant of a permanent  S' x<onetoamarket waiver);footnote reference)#;footnote reference#){@ yO ' " #C\  P6Q QwP##;footnote reference#Í)G;footnote reference)We note that the pending television ownership proceeding, in which the Commission is considering  {O ' x eliminating or modifying the onetoamarket rule, does not preclude our grant of a permanent waiver. Second  {Oh' x; Further Notice of Proposed Rulemaking 11 FCC Rcd 21655, 21689 and n.130 (1996). In that Second Further Notice,  x! the Commission contemplated approval of permanent, unconditional waivers to allow televisionradio combinations  x that do not propose common ownership of stations exceeding those permitted prior to the adoption of the  {O' x Telecommunications Act of 1996 (i.e., one TV, two AM and two FM stations), as long as the requested waivers are  xx clearly consistent with Commission precedent. Ramar's proposed combination of one television station, one AM  {OT' x station and two FM stations is consistent with that standard. See, e.g., Alabama Universal Corporation, 12 FCC Rcd 7556 (1997).) will result in economic efficiencies and facilitate enhanced public interest programming without undue adverse effect on competition or diversity in the Lubbock market.  Sm '1: ORDERING CLAUSES ă  S ' "23.Accordingly, IT IS ORDERED, that the request for permanent waiver of the Commission's oneto x^amarket rule, 47 C.F.R.  73.3555(c), to permit common ownership of stations KLZK(FM), Brownfield, Texas, KXTQ(AM), KXTQFM and KJTV, Lubbock, Texas, IS GRANTED.  S;' "24.IT IS FURTHER ORDERED, that the application to assign the license of station KLZK(FM),  xBrownfield, Texas, from KLZK, Inc. to Ramar Communications II, Ltd.. (File No. BALH9804322GH), IS GRANTED.  So' ` `  hhCFEDERAL COMMUNICATIONS COMMISSION ` `  hhCMagalie Roman Salas ` `  hhCSecretary }&J  " 0*&&,,4"Ԍ }&J ԙ  S'N DISSENTING STATEMENT OF COMMISSIONER GLORIA TRISTANI ă  Sg'u In re Applications of KLZK, Inc. and Ramar Communications II, Ltd.,  Q5';File No. BALH980422GH  \  S'For the reasons set forth in my dissenting statement in In Re Applications of United  Sj'Broadcasting Company, Inc, et al., 13 FCC Rcd 21563 (1998), I do not believe that the Commission applies the fivepart permanent waiver standard with sufficient rigor. I therefore respectfully dissent. I do note, however, that my concerns are somewhat ameliorated by the applicant's specific and laudable commitments to increase the amount of live local programming on KLZK(FM) by nearly 75  S 'hours per week, and to double the amount of news programming on the station.