Federal Communications Commission DA 97-1840
Before the
Federal Communications Commission 
Washington, D.C. 20554
In re Applications of )
)
Meredith Corporation ) 
(Assignor) )
) 
and ) File Nos. BALCT-970609IA
) BALTT-970609IB 
Post-Newsweek Stations, Connecticut, Inc. ) 
(Assignee) )
)
For Assignment of Licenses of: ) 
WCPX-TV, Orlando, Florida ) 
W29AB, Ocala, Florida )
MEMORANDUM OPINION AND ORDER
Adopted: August 26, 1997 Released: August 27, 1997 
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 unopposed applications to assign 
the licenses of WCPX-TV, Channel 6 (CBS), Orlando, Florida and its translator station, W29AB, 
Ocala, Florida, from Meredith Corporation to Post-Newsweek Stations, Connecticut, Inc. ("Post- 
Newsweek"). Post-Newsweek is the parent of the licensee of WJXT(TV), Channel 4 (CBS), 
Jacksonville, Florida. Because the Grade B contours of WCPX-TV and WJXT(TV) overlap, 
Post-Newsweek requests a waiver of the Commission's television duopoly rule, Section 
73.3555(b), to allow common ownership of WCPX-TV and WJXT(TV), conditioned upon the 
outcome of the pending broadcast television ownership rulemaking concerning the duopoly and 
other multiple ownership rules. See Review of the Commission's Regulations Governing 
Television Broadcasting, Second Further Notice of Proposed Rule Making, FCC 96-438 (released 
Nov. 7, 1996) (Television Ownership Second Further Notice). Post-Newsweek contends that 
grant of the requested duopoly waiver would be consistent with Commission precedent and would 
serve the public interest.
2. Duopoly Waiver Request. In support of its waiver request, Post-Newsweek has 
submitted an engineering exhibit which shows that there is no Grade A contour overlap between 
WCPX(TV) and WJXT(TV). The Grade B overlap between the two stations will encompass an 
area of 579 square kilometers and 38,974 individuals. This overlap constitutes 1.5% of the 
population and 5.2% of the area within the WCPX-TV Grade B signal contour, and 3.4% of the
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population and 7.1% of the area within the WJXT(TV) Grade B signal contour. Although not 
de minimis, Post-Newsweek contends that a relatively small overlap exists between the stations.
3. Post-Newsweek states that the stations serve separate and distinct markets, located 190 
kilometers apart in separate Designated Market Areas (DMAs). Station WCPX-TV is located in 
the Orlando-Daytona Beach-Melbourne DMA. ranked 22nd. while WJXT(TV) is located in the 
Jacksonville DMA. which is ranked 54th. According to Post-Newsweek. the stations will 
continue to maintain separate management, programming and sales operations. Furthermore, 
with regard to diversity in the overlap area. Post-Newsweek states that at least seven television 
stations provide Grade B or better servfee to the overlap area. There are also several other media 
outlets serving the overlap area, including radio stations, local newspapers and cable systems.
4. Post-Newsweek asserts that should the proposed assignment of license application be 
approved, the public will benefit from its "strong tradition of devoting its management, technical 
and financial resources to enhance service to the local community, including news and 
informational programming." Moreover. Post-Newsweek contends that such approval will 
facilitate Meredith's consummation of its multi-station acquisition from First Media. 1
5. Finally, Post-Newsweek cites WHOA-TV. Inc. . FCC 96-458 (released December 10. 1996). 
and contends that the proposed common ownership fully complies with the Commission's two- 
pronged interim duopoly policy because, as stated above, the stations are in separate DMAs and 
their Grade A contours do not overlap. Thus, argues Post-Newsweek. a conditional waiver is 
warranted in this case.
6. Discussion. In adopting the duopoly rule's fixed standard of prohibiting overlap of 
Grade B service contours, the Commission also acknowledged the need for "flexibility" in that 
rule's application, noting that waivers should be granted where rigid conformance -to the rule 
would be "inappropriate." Multiple Ownership of Standard, FM and Television Broadcast 
Stations, 45 FCC 2d 1476. 1479 n.12. ream, granted in pan. 3 RR 2d 1554(1964). Tothatend. 
the Commission has developed a set of factors to be considered when evaluating an applicant's 
request for waiver of the duopoly rule, including the extent of the overlap, the number of media 
voices available in the overlap area, the distinctness of the respective markets, the independence 
of the stations' operations, and the concentration of economic power resulting from the 
combination. See Iowa State University RmuJuixting Corporation, 9 FCC Red 481, 487-88 
(1993), affdsub nom. lowansfor WOI-TV. Inc. v. FCC. 50 F.3d 1096 (D.C. Cir. 1995); H&C 
Communications. Inc.. 9 FCC Red 144, 146 (1993). After weighing the factors, the Commission 
considers any public interest benefits proposed by the applicant to determine whether, in light of 
the overlap, the benefits outweigh any detriment which may occur from grant of the waiver. See, 
e.g., Iowa State University, 9 FCC Red at 487-88. As with any waiver, it will only be granted
' The Commission recently granted the application for assignment of license of WCPX-TV from First Media to 
Meredith (BALCT-970206YT), conditioned upon simultaneous consummation with the instant application to assign 
the license of WCPX-TV to Post-Newsweek.
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Federal Communications Commission DA 97-1840
if the Commission concludes that the waiver is in the public interest.
7. Currently, the Commission is reexamining its broadcast television ownership policies, 
including the duopoly rule. In January 1995, the Commission proposed a new analytical 
framework within which to evaluate its broadcast television ownership rules. See Review of the 
Commission's Regulations Governing Television Broadcasting, Further Notice of Proposed Rule 
Making, 10 FCC Red 3524 (1995) (Television Ownership Further Notice). Subsequent to the 
release of that Television Ownership Further Notice, Congress directed the Commission to 
conduct a rulemaking proceeding to determine whether to retain, modify or eliminate existing 
limitations on the number of television stations that an entity may control within the same 
television market. See Section 202(c) of the Telecommunications Act of 1996, Pub. L. No. 104- 
104, 110 Stat. 56 (Feb. 8, 1996) (Telecomm Act). In response to this Congressional directive 
in the Telecomm Act and to update the record, the Commission released the Television 
Ownership Second Further Notice. In that Second Further Notice, the Commission tentatively 
concluded to authorize common ownership of television stations that are in separate DMAs and 
whose Grade A contours do not overlap. Television Ownership Second Further Notice at K57.
8. The Commission stated in the Television Ownership Second Further Notice that it will be 
inclined, during the pendency of the television ownership proceeding to grant temporary duopoly 
waivers involving stations in different DMAs with no overlapping Grade A contours, conditioned 
on coming into compliance with the outcome of the proceeding within six months of its 
conclusion. It also noted there its tentative conclusion that the record in that proceeding "supports 
relaxation of the geographic scope of the duopoly rule from its current Grade B overlap standard 
to a standard based on DMAs supplemented with a Grade A overlap criterion." Id. at f 57. The 
Commission further stated that "we do not believe granting waivers satisfying the proposed 
standard, and conditioning them on the outcome of this proceeding, will adversely affect our 
competition and diversity goals in the interim." Id. Additionally, (he Commission gave the staff 
delegated authority to act on applications seeking waivers consistent with this interim policy.
9. Based on the Commission's interim ownership policy outlined in the Television Ownership 
Second Further Notice, we believe that a grant of conditional waiver of the duopoly rule, subject 
to the outcome of the pending ownership rulemaking, is justified. The temporary common 
ownership of WCPX-TV and WJXT(TV) would be consistent with the interim policy set forth 
in the Television Ownership Second Further Notice, as the two stations are in separate DMAs and 
the stations' Grade A contours do not overlap. Moreover, our examination of the record 
presented here reveals nothing suggesting that we should not follow the established interim policy 
in this case. Accordingly, we conclude that grant of a temporary waiver, conditioned on the 
resolution of the pending broadcast television ownership rulemaking, will serve the public 
interest, convenience and necessity. Any request to extend this conditional waiver should be filed 
at least 45 days prior to the end of the six-month period and would be closely scrutinized. 
Additionally, having found Post-Newsweek to be qualified in all respects, we conclude that grant 
of the application for assignment of license would also serve the public interest.
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Federal Communications Commission DA 97-1840
10. Accordingly, IT IS ORDERED. That the request for conditional waiver of the television 
duopoly rule. Section 73.3555(b) of the Commission's rules, to permit the common ownership 
by Post-Newsweek of television stations WCPX-TV. Orlando, Florida and WJXT(TV). 
Jacksonville, Florida IS GRANTED, subject to the outcome of the Commission's pending 
broadcast 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 MM Docket Nos. 91-221 and 87-8, an application for Commission 
consent to dispose of such station as would be necessary for Post-Newsweek to come into 
compliance with the rules as provided in the final order.
11. IT IS FURTHER ORDERED, That the applications for assignment of the licenses of 
WCPX-TV. Orlando, Florida and W29AB, Ocala. Florida from Meredith Corporation to Post- 
Newsweek Stations, Connecticut, Inc. ARE GRANTED.
FEDERAL COMMUNICATIONS COMMISSION
Roy J. Stewart
Chief, Mass Media Bureau
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