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Before the FEDERAL COMMUNICATIONS COMMISSION
To: Chief, Mass Media Bureau MOTION TO WITHDRAW COMMENT AND PETITION FOR HEARING
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
Donna E. Patterson Susan M. Davies
Constance K. Robinson _______________/s/________________ _______________/s/________________ Dated: March 4, 1999 U.S. Department of Justice
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. Colette M. Capretz Nathaniel Emmons
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