**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In re Application of )

)

KBVO LICENSE, INC. )

(Assignor) )

)

and ) File No. BAPLCT-990514IA

)

CBS CORPORATION )

(Assignee) )

)

For Consent to the Assignment of the )

License for Station KEYE-TV, Austin, Texas )

)

**MEMORANDUM OPINION AND ORDER**

**Adopted: August 3, 1999 Released: August 3, 1999**

By the Chief, Mass Media Bureau:

1\. The Commission, by the Chief, Mass Media Bureau, acting pursuant to
delegated authority, has before it for consideration the
above-captioned, uncontested application seeking consent to assign the
license for station KEYE-TV (Channel 42, CBS), Austin, Texas, from KBVO
License, Inc. to CBS Corporation (CBS).

2\. CBS indirectly controls Infinity Broadcasting Corporation, the
corporate parent of the licensees of radio stations KJCE(AM),
Rollingwood, KKMJ-FM, Austin, KAMX(FM), Luling and KQBT(FM), Taylor,
Texas (Infinity Radio Stations). Station KEYE-TV\'s Grade A contour
encompasses the cities of license of stations KJCE(AM), KKMJ-FM and
KQBT(FM). While station KEYE-TV\'s Grade A contour does not encompass
station KAMX(FM)\'s city of license, that station\'s 1mV/m contour
encompasses Austin. Therefore, to permit its common ownership and
operation of station KEYE-TV and the four Infinity Radio Stations, CBS
requests waiver of 47 C.F.R. Section 73.3555(c), the Commission\'s
one-to-a-market rule, which generally proscribes the common ownership of
television and radio stations in the same market.[^1] For the following
reasons, we will grant a conditional waiver of the one-to-a-market rule,
as well as the proposed license assignment application.

**Background**

3\. The Commission has established standards for waiver of its
one-to-a-market rule pursuant to the *Second Report and Order* in MM
Docket 87-7, 4 FCC Rcd 1741 (1988) (*Second Report and Order*), *recon.
denied in part and granted in part*, 4 FCC Rcd 6489 (1989) (*Second
Report and Order Recon.*). In accordance with these standards, the
Commission presumptively favors requests involving: (1) stations serving
the top 25 markets where at least 30 separately owned, operated and
controlled stations will remain following the proposed combination;[^2]
or (2) \"failed\" stations, *i.e*., stations which have not been
operational for a substantial period of time (four months or more) or
are involved in bankruptcy proceedings. If a waiver request does not
meet either of these two presumptive waiver standards, then the request
must be evaluated under the case-by-case standard. 47 C.F.R. §
73.3555(c), Note 7. Under the case-by-case standard, the Commission
makes a public interest determination by weighing five factors: (1) the
potential public benefits of joint operation of the facilities, such as
economies of scale, cost savings, and programming and service benefits;
(2) the types of facilities involved; (3) the number of media outlets
owned by the applicant in the relevant market; (4) the financial
difficulties of the stations involved; and (5) the nature of the
relevant market in light of the level of competition and diversity after
the joint operation is implemented. *Second Report and Order*, 4 FCC Rcd
at 1753. We note that not all of the five factors are necessarily
relevant in every case. *Id.* at 1761.

4\. CBS submits its waiver request pursuant to the case-by-case standard
because the Austin Designated Market Area (DMA) is the 60th ranked
television market, and none of the subject stations are failed stations.
Further, prevailing precedent dictates that CBS\' waiver request be
evaluated under the case-by-case approach because the radio component of
the proposed combination exceeds those permitted prior to the adoption
of the Telecommunications Act of 1996. *See Triathlon Broadcasting of
Little Rock Licensee, Inc.*, 12 FCC Rcd 13907 (MMB 1997); *S.E. Licensee
G.P.*, 11 FCC Rcd 16727 (1996) (permanent waivers permitted when
combination does not exceed 1 television, 2 AM and 2 FM stations). In
such cases, the Commission has declined to grant permanent waivers of
the one-to-market rule, and instead has granted temporary waivers
conditioned on the outcome of related issues raised in the television
ownership rulemaking proceeding. *See Television Ownership Second
Further Notice*, 11 FCC Rcd at 21689. In this case, CBS asks that we
split the proposed combination into two separate transactions and grant
a permanent waiver to permit it to own station KEYE-TV, two of the FM
stations and the one AM station. For the remaining FM station, CBS
requests that we grant a temporary waiver conditioned on the outcome of
the television rulemaking proceeding. *See* *Television Ownership Second
Further Notice, supra* n.2*.* CBS does not state for which ownership
combination it would like the Commission to grant a permanent
one-to-a-market waiver and for which ownership combination it would like
a temporary waiver. It is not Commission practice to examine piecemeal
proposed ownership combinations that would exceed the limits set forth
in the one-to-a-market rule. We examine the complete ownership
combination to determine whether a waiver would serve the public
interest. Therefore, we find that a permanent waiver would not be
appropriate here and deny CBS\' request. Accordingly, we will examine
CBS\' waiver showing under our case-by-case criteria to determine
whether CBS\' conditional common ownership of one television, one AM
radio and three FM radio stations in the Austin DMA is consistent with
the public interest.

5\. [Waiver Showing]{.underline}: *Benefits of Joint Operation*. First,
CBS maintains that its proposed acquisition of station KEYE-TV will
result in new operating and advertising efficiencies, broaden access to,
and awareness of, public interest and community programming, as well as
significantly improve the quality of news, weather, traffic and other
community service programming provided by all the stations. To wit, CBS
asserts that the proposed ownership combination of station KEYE-TV and
the Infinity Radio Stations will yield economic efficiencies and cost
savings totalling approximately \$400,000 per year. This figure is based
on annual cost savings of: (1) \$50,000 in corporate overhead by
offering existing in-house legal, engineering, administrative and
accounting services to station KEYE-TV; (2) \$25,000 due to the
stations\' combined purchasing power for direct mail, outdoor
advertising, promotional merchandise and audience research services; (3)
\$250,000 in regular cross-promotions of news coverage by station
KEYE-TV and the Infinity Radio stations, jointly-promoted public service
campaigns and community service events and joint advertising of
employment opportunities; and (4) \$75,000 resulting from the
consolidation of radio and television programming, including the sharing
of television news resources, such as reporters, talent, stringers and
wire service, for local, national and international news, traffic
coverage, weather reports, emergency weather bulletins and live local
coverage of local emergencies.

6\. According to CBS, these monetary savings and other synergies
generated by their common ownership will allow station KEYE-TV and the
Infinity Radio Stations to improve their technical facilities, public
affairs programming and community outreach efforts, and to provide new
and expanded programming services to the public. For example, because of
the severe weather conditions prevalent in the Austin area, CBS proposes
to devote a portion of the cost savings realized from the common
ownership of station KEYE and the Infinity Radio Stations to improve the
ability of each station in the ownership combination to gather and
disseminate up-to-the-minute weather information on a regular and
emergency basis. The Infinity Radio Stations, moreover, will have access
to station KEYE-TV\'s three full-time, accredited meteorologists and
weather forecast reports, including local emergency weather bulletins.
Given these considerations, CBS posits that its proposed ownership
combination will provide \"substantial public interest benefits to the
residents of the Austin who are affected by potentially adverse weather
conditions, particularly during severe weather emergencies when access
to one medium may not be available due to power outages.\"

7\. As for benefits which will inure to programming, CBS begins by
stating that its substantial news gathering resources will be available
to station KEYE-TV. Similarly, the Infinity Radio Stations will have
access to station KEYE-TV\'s \"enhanced\" news gathering resources,
production and development facilities and related personnel. In this
way, CBS maintains, the Infinity Radio Stations will be able to provide
the listening public with even greater quantities of in-depth and
comprehensive local, national and international news coverage, without
incurring the substantial expense of developing and maintaining these
resources on their own. To this end, CBS expects that station KEYE-TV\'s
news staff will be able to provide news, weather and sports programming
for one or more of the Infinity Radio Stations during either the morning
or afternoon drive.[^3] Moreover, noting that station KEYE-TV is
currently the only station in the Austin market which operates its own
traffic helicopter, CBS adds that the Infinity Radio Stations will be
able to expand the depth and accuracy of their traffic reports through
their access to station KEYE-TV\'s helicopter traffic reports.

8\. In addition, CBS anticipates that combining certain resources of
station KEYE-TV and the Infinity Radio Stations will enhance the
issue-responsive programming provided by all of the stations. In this
regard, CBS refers to station KEYE-TV\'s practice of regularly
contacting Austin\'s representatives in the United States Congress on
issues of concern to the community and broadcasting the responses as a
public service to the community. As a benefit of common ownership, CBS
maintains that these responses, along with station KEYE-TV\'s regular
consumer affairs program and \"Eye on Events,\" a weekly 30-second spot
airing three times per day that highlights local activities, fundraisers
and community needs, will be available to the Infinity Radio Stations
for rebroadcast, thereby introducing important information and
community- oriented programs to new listeners. Further, CBS states that,
in other markets where it owns a television station and radio stations,
its radio stations offer an on-air radio program guide to CBS Television
Network programming which addresses the educational and informational
needs of children, and CBS proposes to provide a similar guide on the
Infinity Radio Stations to inform listeners and viewers of such
programming to be carried by station KEYE-TV.

9\. CBS asserts that the common ownership of station KEYE-TV and the
Infinity Radio Stations will also produce substantial benefits of a
non-programming nature through public service initiatives and community
projects. Pointing to its strong record of public service in the
communities in which it has broadcast stations, CBS expresses its
intention to continue promoting charitable and civic causes, and
believes that the combined efforts of the Infinity Radio Stations with
station KEYE-TV will make it possible to devote greater resources to the
promotion and execution of events such as: (1) the \"Make-a-Wish\"
campaign, an annual fundraiser co-sponsored by all of the Infinity Radio
Stations to raise funds for Make-a-Wish, an organization that grants
wishes to seriously ill children; (2) station KKMJ-FM\'s \"Relay for
Life,\" an annual fundraising walk co-sponsored with the American Cancer
Society; (3) station KAMX(FM)\'s \"Halloween Blood Drive,\" an annual
October event to raise blood for the Austin Blood Bank; (4) station
KQBT(FM)\'s \"Tejano Christmas Toy Extravaganza,\" an annual fundraiser
co-sponsored with the Hispanic Police Officers Association to raise
money to buy toys for underprivileged children; (5) station KJCE(AM)\'s
\"Black History Month\" campaign, which draws the Austin community\'s
attention to the contributions of Black Americans; (6) station
KEYE-TV\'s Austin-Travis County Livestock Show and Rodeo, the largest
non-profit scholarship donor in the Central Texas area; and (7) station
KEYE-TV\'s \"Petelethon,\" benefitting the local Humane Society. CBS
claims that, through cross-promotions, public service announcements and
news stories, station KEYE-TV and the Infinity Radio stations will be
able to enhance the reach and effectiveness of these endeavors. Finally,
CBS anticipates still another benefit in the prospective enhancement of
equal employment opportunities at station KEYE-TV and the Infinity Radio
Stations by enabling them to participate in joint minority and female
recruitment efforts, such as job fairs.

10\. *Other Media Interests*/*Types of Facilities*. Next, CBS, which
owns no other media outlets in the Austin DMA, discusses the types of
facilities involved in the proposed television/one AM radio/three FM
radio station combination. CBS indicates that station KEYE-TV, a UHF
station, operates with a peak visual effective radiated power (ERP) of
2510 kW from an antenna height at 393 meters above average terrain
(HAAT),[^4] and competes with six other television stations in the
Austin \"Television Metro Market.\" According to CBS, of those six
competing stations, four have facilities comparable to or greater than
station KEYE-TV\'s licensed facilities,[^5] and three have facilities
comparable to or greater than station KEYE-TV\'s permitted
facilities.[^6]

11\. As for the Infinity Radio Stations, CBS describes KQBT(FM) as a
Class C2 FM station operating at 48.0 kW from an antenna at 150 meters
HAAT, KKMJ-FM as a Class C1 FM station operating at 50.0 kW from an
antenna at 398 meters HAAT, KAMX(FM) as a Class C FM station operating
at 100.0 kW from an antenna at 398 meters HAAT and KJCE(AM) as a Class B
AM station operating on 1370 kHz with an ERP of 5 kW daytime and 0.5 kW
nighttime. CBS indicates that the Infinity Radio Stations compete with
16 other FM and ten other AM stations in the Austin television metro
market. Of the competing FM radio stations, CBS states that eight have
facilities comparable to or superior than station KQBT(FM),[^7] four
have facilities comparable to or superior than station KKMJ-FM[^8] and
two have facilities comparable to station KAMX(FM).[^9] Regarding the
competing AM radio stations, CBS maintains that three have facilities
comparable or superior to station KJCE(AM).[^10] Based on these facts,
CBS concludes that the stations in the proposed combination would not
dominate the market by virtue of their technical facilities. Along this
line, CBS further notes that, excluding its ownership of the Infinity
Radio Stations, there are six other ownership combinations in the Austin
market, including Capstar TX Limited Partnership\'s (Capstar TX)
combination consisting of two television stations (a parent-satellite
combination), one AM station and three FM stations. CBS contends that
the combined facilities of its proposed station group are inferior to
the combined facilities of Capstar TX\'s station group.

12\. *Financial Difficulties*. CBS states that none of the television
and radio stations involved in its one-to-a-market waiver request is
experiencing financial difficulties. Nevertheless, CBS asserts, not all
of the case-by-case factors are relevant in every case, and the
Commission has previously granted numerous one-to-a-market waiver
requests despite the fact that the subject stations were not in
financial distress.

13\. *Competition and Diversity in the Market*. The final factor CBS
addresses concerns the nature of the relevant market *vis-a-vis* the
Commission\'s concerns about diversity and competition. In doing so, CBS
argues that, following consummation of the instant transaction, there
will be a sufficiently diverse number of independent broadcast voices to
ensure robust competition in the Austin DMA. Specifically, CBS maintains
that, excluding the stations in its proposed station group, six other
television stations are licensed to the Austin DMA, and at least 25
other radio stations (nine AM and 16 FM radio stations) are licensed to
communities in the Austin television metro market. Another AM station,
though not licensed to a community in the Austin television metro
market, is licensed to a community in Caldwell County, the same county
in which Luling, the city of license of one of the Infinity Radio
Stations, station KAMX(AM), is located. These 32 broadcast stations, CBS
indicates, are licensed to 20 separate owners. CBS also points to a wide
variety of alternative media in the Austin DMA, which includes three
daily newspapers with a combined circulation of nearly 220,000, 35
weekly publications with a combined circulation in excess of 273,000,
numerous local and national magazines with extensive circulation in the
market, 29 cable systems with a cable penetration of 66 percent, 14 low
power television stations and four MMDS/MDS facilities. This level of
diversity, CBS contends, is consistent with levels approved by the
Commission in various one-to-a-market waiver requests in other similar
markets, and was recently approved in the grant of a one-to-a-market
waiver permitting Capstar TX\'s television/one AM radio/three FM radio
station combination in the Austin market. *See R. Steven Hicks*, 14 FCC
Rcd 4601 (MMB 1999).

14\. In addition, CBS claims that the proposed television-radio
combination will not economically dominate the Austin area. To this end,
CBS states that the combined 1998 revenue share for the Infinity Radio
Stations in Austin was 18.9 percent, and the 1997 revenue share for
station KEYE-TV in the Austin market was 20.6 percent, whereas the
advertising revenue shares for the three other major network affiliates,
stations KVUE-TV (ABC), KXAN-TV (NBC) and KTBC(TV) (Fox), were 28.3
percent, 25.7 percent and 20.7 percent, respectively. Based on the 1998
revenue data for radio stations and the 1997 data for television
stations, CBS asserts, the total radio/television share for the Infinity
Radio Stations and station KEYE-TV would be only 20 percent. CBS insists
that this revenue share is not only consistent with the revenue shares
approved by the Commission in other waiver decisions, but is, in fact,
lower than the 25.1 percent revenue share of Capstar TX\'s recently
approved station group in Austin.

**Discussion**

15\. In evaluating a request for waiver of the one-to-a-market rule, our
goal \"is to permit the public to benefit from such efficiencies of
operation as may be achieved through the use of common facilities and
staff, consistent with the maintenance of diversity and vigorous
competition within the market areas involved.\" *Second Report and Order
Recon.*, 4 FCC Rcd at 6491. We do not require that all five case-by-case
criteria be satisfied as a precondition to waiver, but rather that the
overall consideration of these factors weigh in favor of the public
interest. *Id*. at 6493; *Second Report and Order*, 4 FCC Rcd at 1753.
We find that, based upon its case-by-case showing, CBS has justified a
temporary waiver conditioned on the outcome of the television rulemaking
proceeding.

16\. Turning to the first factor, the potential public interest benefits
of joint ownership, the Commission considers the public interest
benefits that will result from the proposed television-radio
combination, such as projected economies of scale, cost savings, and
programming and service benefits. *Second Report and Order*, 4 FCC Rcd
at 1753. In this regard, CBS has demonstrated that the proposed
television-radio combination will produce economic benefits and cost
savings of approximately \$400,000 per year resulting from, *inter
alia*, cross-promotions of the radio and television stations, shared
professional and administrative services, the stations\' combined
purchasing power for various types of promotions and advertising and
shared programming and news resources. These are precisely the type of
efficiencies the Commission anticipated from the joint ownership of
radio and television stations in the same market. *See Second Report and
Order*, 4 FCC Rcd at 1746-1747. In addition, such efficiencies and
annual cost savings will translate into enhanced news and weather
resources services on station KEYE-TV and the Infinity Radio Stations,
and will provide further public service benefits through those
stations\' joint sponsorship and promotion of major community events and
charitable causes. We also find that the joint minority and female
recruitment efforts of station KEYE-TV and the Infinity Radio stations
may further promote equal employment opportunities at the stations.

17\. As for the second factor of our analysis, the types of facilities
involved, the Commission endeavors to predict and avoid any significant
adverse effect on diversity or competition from too powerful a
combination. *Great American Television and Radio Co*., 4 FCC Rcd 6347,
6349 (1989). While the technical facilities of station KEYE-TV and the
Infinity Radio Stations are significant, we find that, given the
numerous other stations in the Austin market with comparable or superior
technical facilities, the television/one AM radio/three FM radio
combination does not present issues of market dominance inconsistent
with the public interest. Station KEYE-TV competes with six television
stations in the Austin DMA, four of which have comparable or superior
technical facilities to its licensed facilities, and three of which have
comparable or superior technical facilities to its authorized
facilities. Further, of the six competing stations, one is a VHF station
affiliated with the Fox television network, four are UHF stations
affiliated with the ABC, NBC and WB television networks and one is a UHF
educational station.[^11] The radio stations face competition from at
least 25 other radio stations (nine AM and 16 FM), a number of which
have comparable or superior facilities to those of the Infinity Radio
Stations. As we have noted elsewhere, \"as the level of diversity and
competition in a market increases, our concerns grounded in technical
strength of the combining facilities decrease.\" *Louis DeArias*, 11 FCC
Rcd 3662, 3666 (1996).

18\. Regarding the fourth waiver factor, CBS acknowledges that none of
the stations involved in its waiver request is experiencing financial
difficulties. We note here, as we did *supra* ¶ 3, that not all of the
case-by-case factors are relevant in every case. In fact, the Commission
has previously granted one-to-a-market waivers where there was no
finding that any of the stations were in financial distress. *See, e.g.,
S. E. Licensee G.P.,* 11 FCC Rcd at 16734; *Stockholders of Infinity
Broadcasting*, 12 FCC Rcd 5012, 5052 (1996).

19\. Finally, in addressing the fifth waiver factor, CBS has shown that
the proposed television-radio combination will not compromise diversity
in the Austin DMA, the 60th largest television market in the country.
CBS has no other media interests in the Austin market, and our review of
its showing confirms that, upon grant of this application and excluding
station KEYE-TV, the Austin market will be served by six other
television stations. As for the number of radio outlets in the market,
we note that one of the Infinity Radio Stations, KAMX(AM), is not
located in the Austin television metro market, but in Caldwell
County.[^12] Therefore, we will count as market stations not only those
radio stations licensed to communities in the Austin television metro
market, but also those radio stations licensed to Caldwell County. *See
WNNE Licensee, Inc.,* 13 FCC Rcd 12677 (MMB 1998); *Triad Skywaives,
Inc.*, 12 FCC Rcd 6102, 6107 (1997); *James M. Ward, Trustee for Gadsden
Broadcasting Company*, 10 FCC Rcd 8741, 8743 and n.4 (1995). In doing
so, we have determined that, excluding the Infinity Radio Stations,
there are 25 radio stations licensed to communities in the Austin
television metro market, and one station licensed to Caldwell County,
for a total of 26 radio stations (10 AM and 16 FM). Excluding the
subject television-radio combination, we find that, of these 32
television and radio broadcast stations, the Austin market will be
served by 20 separately-owned broadcast \"voices\" following
consummation of the proposed assignment. Further, because grant of these
applications will continue an existing radio combination, there will be
no decrease in the level of diversity among the radio stations in the
Austin television metro market. CBS has demonstrated, moreover, that a
wide variety of other media serve the Austin DMA, including three daily
newspapers, 35 weekly publications, 29 cable systems with an aggregate
62 percent cable penetration and 14 low power television stations.

20\. With respect to economic concentration and competition, our
independent analysis discloses that the existing radio combination
consisting of the Infinity Radio Stations garners 18.9 percent of the
revenues in the Austin market,[^13] while station KEYE-TV garners 20.6
percent of television advertising revenue,[^14] the smallest share of
television advertising revenue of the major network affiliates in the
Austin DMA, *viz*., ABC, NBC and Fox. The instant transaction will
result in a combined television and radio advertising share of 20
percent. This level of combined advertising revenue is consistent with
revenue levels approved in other temporary, conditional one-to-a-market
waivers, and is, in fact, lower than the combined advertising revenue of
Capstar TX\'s recently approved station group, also located in the
Austin DMA. *See R. Steven Hicks*, *supra* (25.6 percent of radio
advertising revenue and 25.6 percent combined television and radio
advertising revenue); *see also S.E. Licensee G.P.*, 11 FCC Rcd at 16734
(40.4 percent of radio advertising revenue and 24.2 percent combined
television and radio advertising revenue in the 42nd ranked market);
*Triathlon Broadcasting*, 12 FCC Rcd at 13913 (44.02 percent of radio
advertising revenue and 24.97 percent combined television and radio
advertising revenue in the 57th ranked market). In view of these
considerations, we find that the level of economic concentration
resulting from the proposed television-radio combination does not pose a
significant risk to competition in the market.

21\. Based on the record, we conclude that approval of a temporary,
conditional waiver of the one-to-a-market rule is warranted. Grant of
the waiver will result in cost savings and economic efficiencies, which
will enable the television and radio stations to enhance their news and
weather services. Additionally, station KEYE-TV and each of the Infinity
Radio Stations compete with at least two other radio stations having
technically comparable and/or superior facilities in a market that is
well-served by a significant number of independent voices and a variety
of other media. For these reasons, we are persuaded that the public
interest benefits resulting from the common-ownership of station KEYE-TV
and the Infinity Radio Stations in the Austin market would outweigh any
negative effect on diversity and competition, and that grant of a
temporary, conditional waiver of the one-to-a-market rule is justified.

CONCLUSION

22\. Having determined that the applicants are qualified in all
respects, we find that grant of the application to assign the license
for television station KEYE-TV from KBVO License, Inc. to CBS
Corporation will serve the public interest, convenience and necessity.

23\. ACCORDINGLY, IT IS ORDERED, That the request for waiver of the
Commission\'s one-to-a-market rule, Section 73.3555(c), to permit common
ownership of radio stations KJCE(AM), Rollingwood, KKMJ-FM, Austin,
KAMX(FM), Luling and KQBT(FM), Taylor, Texas and television station
KEYE-TV, Austin, Texas IS GRANTED, subject to the outcome of the
Commission\'s pending television ownership rulemaking in MM Docket Nos.
91-221 and 87-8. Should divestiture be required as a result of that
proceeding, the licensee is directed to file, within six months from the
release of the final order in that proceeding, an application for
Commission consent to dispose of such station(s) as would be necessary
for it to come into compliance with the rules as provided in the final
order.

24\. IT IS FURTHER ORDERED, That the application for consent to
assignment of license for station KEYE-TV, Austin, Texas from KBVO
License, Inc. to CBS Corporation, File No. BAPLCT-990514IA, IS GRANTED.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Roy J. Stewart
>
> Chief, Mass Media Bureau

[^1]: ^?^ Section 73.3555(c) of the Commission\'s rules prohibits the
    common ownership of radio and television stations 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 the entire community of license of a
    television station or, conversely, if the Grade A contour of a
    television station encompasses the entire community of license of an
    AM or FM station. *See* 47 C.F.R. § 73.3555(c).

[^2]: ^?^ Pursuant to the statutory directive \"to extend its
    \[one-to-a-market\] waiver policy to any of the top 50 markets,
    consistent with the public interest, convenience and necessity\"
    under the *Telecommunications Act of 1996*, Pub. L. No. 104-104, §
    202(d), 110 Stat. 56 (1996), the Commission is considering a
    proposal to implement extension of the waiver policy in the
    *Television Broadcast Ownership Second Further Notice of Proposed
    Rulemaking,* in MM Docket Nos. 91-221 and 87-8, 11 FCC Rcd 21655,
    21685 (1996) (*Television Ownership Second Further Notice*).

[^3]: ^?^ While station KEYE-TV already provides live morning weather
    reports on the station KAMX(FM) morning show and supplies that radio
    station with up-to-the-minute weather forecast reports throughout
    the day, CBS says that it intends to continue this relationship and
    may extend it to one or more of the remaining Infinity Radio
    Stations.

[^4]: ^?^ On June 29, 1998, the Commission issued a construction permit
    for station KEYE-TV which specifies a peak visual ERP of 5000 kW at
    a HAAT of 394 meters. (File No. BPCT-961211KG). A license
    application to cover the construction permit has not yet been filed.
    We note that, as modified, station KEYE-TV\'s Grade A contour will
    still encompass the cities of license of stations KJCE(AM), KKMJ-FM
    and KQBT(FM).

[^5]: ^?^ Stations KTBC(TV), KXAN-TV, KVUE-TV and KXAM-TV.

[^6]: ^?^ Stations KTBC(TV), KXAN-TV and KVUE-TV.

[^7]: ^?^ Stations KMFA(FM), KUT(FM), KLBJ-FM, KHFI(FM), KVET-FM,
    KASE(FM), KEYI-FM and KPEZ(FM).

[^8]: ^?^ Stations KASE(FM), KEYI-FM, KLBJ-FM and KHFI(FM).

[^9]: ^?^ Stations KASE(FM) and KEYI-FM.

[^10]: ^?^ Stations KLBJ(AM), KIXL(AM) and KVET(AM).

[^11]: ^?^ These are stations KTBC(TV) (Channel 7, Fox), KVUE-TV
    (Channel 24, ABC), KXAN-TV (Channel 36, NBC), KXAM-TV (Channel 14,
    NBC), KNVA(TV) (Channel 54, WB) and KLRU(TV) (Channel 18, PBS).
    Station KXAM-TV operates as a satellite of station KXAN-TV.

[^12]: ^?^ In order to determine the number of radio and television
    broadcast stations in the context of a one-to-a-market waiver, the
    Commission considers \"the relevant TV metro market for radio
    stations and the relevant ADI \[Arbitron Area of Dominant
    Influence\] TV market for TV stations.\" *Second Report and Order*,
    4 FCC Rcd at 1760 n.101. The Austin television metro market consists
    of the following counties: Williamson, Travis and Hays. *See
    Broadcasting & Cable Yearbook 1998*, vol. 1, B-153. Since Arbitron
    no longer compiles ADI data, we now accept showings using the
    Nielsen DMA in determining the number of broadcast \"voices\" in the
    market at issue. *See Media/Communications Partners L.P.*, 10 FCC
    Rcd 8116 n.3 (1995); *see also Further Notice of Proposed
    Rulemaking* in MM Docket Nos. 91-221 and 87-8, 10 FCC Rcd at 3539
    n.59 (1995).

[^13]: ^?^ BIA Publications, Inc. Master Access Radio Analyzer Database
    estimates that the 1998 radio station revenues in the Austin market
    total \$65.7 million. Revenues attributable to the Infinity Radio
    Stations are as follows: KJCE(AM) \-- \$550,000; KQBT(FM) \--
    \$600,000; KAMX(FM) \-- \$4.5 million; and KKMJ-FM \-- \$6.8
    million.

[^14]: ^?^ BIA Publications, Inc. Master Access Television Analyzer
    Database (BIA TV Database) estimates that the 1998 television
    station revenues in the Austin total \$98 million. The revenue
    attributable to station KEYE-TV is \$20.2 million.