In May 2016, Gray Television agreed to acquire a pair of television stations in the Clarksburg, W. Va., market from Withers Broadcasting. The $26.5 million deal, struck prior to the start of the spectrum auction, saw Gray grab the CBS affiliate and its FOX station.
But, the FCC reviewed the deal, as Gray said the deal qualified for a waiver of the local TV multiple ownership rule. That’s because the FOX station in the deal is a “failing station,” Gray contended.
The Commission agreed.