Motion To Withdraw Comments And Petition For Hearing : In Re Applications Of Triathlon Broadcasting Company And Capstar Broadcasting Partners, Inc.

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Before the

FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C.



In Re Applications of

Triathlon Broadcasting Company    

and

Capstar Broadcasting Partners, Inc.   

For Consent to Assignment of
Licenses of Stations

KFH-AM, Wichita, Kansas
KQAM-AM, Wichita, Kansas
KWSJ-FM, Haysville, Kansas
KRBB-FM, Wichita, Kansas
KEYN-FM, Wichita, Kansas
KZSN-FM, Hutchinson, Kansas


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March 4, 1999

File Nos.
BTC-980821EE
BTC-980821EF
BTC-980921EG
BTCH-980821EH
BTCH-980821EI
BTCH-980821EJ

To: Chief, Mass Media Bureau

MOTION TO WITHDRAW COMMENT AND PETITION FOR HEARING

Joel I. Klein
Assistant Attorney General
Donna E. Patterson
Deputy Assistant Attorney General
Susan M. Davies
Senior Counsel
Constance K. Robinson
Director of Merger Enforcement
and Director of Operations
Craig W. Conrath
Chief, Merger Task Force
Reid B. Horwitz
Assistant Chief, Merger Task Force
Karl D. Knutsen
Joan Farragher
Attorneys
U.S. Department of Justice
Antitrust Division
1401 H Street, N. W., Suite 4000
Washington, D.C. 20530-0001
(202) 514-0976

Date: March 4, 1999

The United States Department of Justice (the "Department") hereby withdraws the Comment and Petition for Hearing it submitted on October 19, 1998 in connection with the above-referenced matter. The Department filed the petition because it identified competitive problems in the acquisition and was conducting an ongoing investigation. The Department and Capstar Broadcasting Partners, Inc. ("Capstar") have reached an agreement where Capstar will divest two FM and three AM stations. The agreement resolves the concerns the Department had expressed in its filing.

Capstar currently owns KKRD-FM, KRZZ-FM, and KNSS-AM in Wichita, Kansas. Triathlon currently owns KZSN-FM, KRBB-FM, KEYN-FM, KWSJ-FM, KFH-AM, and KQAM-AM in Wichita, Kansas. Under the terms of its agreement with the Department, Capstar will keep KKRD-FM, KRZZ-FM, KZSN-FM, and KRBB-FM and will divest KEYN-FM, KWSJ-FM, KNSS-AM, KFH-AM, and KQAM-AM. This divestiture will bring Capstar's holdings to a level that the Department believes will not have a substantial anticompetitive effect in Wichita.

Respectfully Submitted,

Joel I. Klein
Assistant Attorney General

Donna E. Patterson
Deputy Assistant Attorney General

Susan M. Davies
Senior Counsel

Constance K. Robinson
Director of Merger Enforcement and Operations

_______________/s/________________
Craig W. Conrath, Chief
Reid B. Horwitz, Assistant Chief
Merger Task Force

_______________/s/________________
Karl D. Knutsen
Joan Farragher
Attorneys
Merger Task Force

Dated: March 4, 1999

U.S. Department of Justice
Antitrust Division
1401 H Street, N.W., Suite 4000
Washington, D.C. 20530
(202) 514-0976


CERTIFICATE OF SERVICE

I, Karl D. Knutsen, of the Antitrust Division of the United States Department of Justice, do hereby certify that true copies of the foregoing Motion To Withdraw Comment and Petition For Hearing were served this 4th day of March, 1999, by hand delivery, to the following:

Roy J. Stewart, Esq.
Chief, Mass Media Bureau
Federal Communications Commission
445 12th St. S.W.
Washington, D.C. 20554

Colette M. Capretz
Fisher Wayland Cooper Leader & Zaragoza L.L.P.
2001 Pennsylvania Avenue, N.W.
Washington, D.C. 20006
Counsel for Triathlon Broadcasting Company

Nathaniel Emmons
Wiley, Rein & Fielding
1776 K Street, N.W.
Washington, D.C. 20006
Counsel for Capstar Broadcasting Partners, Inc.

_______________/s/________________
Karl D. Knutsen

Updated June 25, 2015