RUSS WITHERS CLOSES ON CLARKSBURG DUOPOLY

Russ Withers has closed on his $5-milllion purchase of a second station with a major network affiliation in Clarksburg-Weston, W.Va., according to Kalil & Co., the broker that engineered the deal.

Withers picked up the market’s Fox affiliate, WVFX, from Davis Television to go along with his CBS affiliate, WDTV.

FCC rules generally bar ownership of two major network affiliates in markets with as few stations as Clarksburg-Weston (DMA 166).

But Withers had asked for a waiver on the ground that the WVFX was “failing.” Withers also promised to offer a 10 o’clock newscast on the station.

In its request for the “failing station” waiver, Withers argued that WVFX’s all-day audience share was below four percent; that it was in “poor” financial condition, having produced negative cash flow for the past three years; and that it was unable to find an out-of-market buyer without having to settle for “an artificially depressed price.”

The seller, Davis Television, is controlled by the estate of the late oil mogul Marvin Davis.