Media Bureau Approves Gray's Top 4 Combo in Rochester, Minnesota
The Media Bureau on Tuesday granted a waiver of the top four prohibition to allow Gray Media to buy Fox affiliate KXLT-TV Rochester, Minnesota, even though it already owns NBC affiliate KTTC-TV Rochester in the same market, said a letter from Video Division Chief Barbara Kreisman. While FCC rules have allowed for top four waivers on a case-by-case basis for several years, they have rarely been granted. “Today’s action represents the first FCC approval of a new combination of two full-power, top-four ranked, same-market television stations in over five years,” said Gray in a news release. “Importantly, the FCC’s Media Bureau’s grant and written decision come just two months after the parties applied for approval of the transaction, which appears to represent the shortest processing time for a duopoly waiver in Commission history.” Gray’s proposed purchase of a top four combo in Sioux Falls, South Dakota, sat stalled at the FCC for 11 months before being abruptly granted in 2019, shortly after the 3rd U.S. Circuit Court of Appeals ruled against the agency’s 2014 quadrennial review order (see 1909250064).
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
Tuesday’s waiver was based in part on KXLT’s having low enough ratings to qualify as a “failing station” under FCC rules, the Media Bureau letter said. The combination will result in improved news programming for the stations and a larger reach for KXLT, it said. According to testimony from media broker Gregory Guy, KXLT “would be unable to operate as a viable standalone full power station,” the letter said. “We find that the combined operation of the stations will produce tangible and verifiable public interest benefit.”