Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

                                )
In the Matter of                )            File No. EB-01-CG-
415
                                )
Cumulus Licensing Corporation   )            NAL/Acct.        No. 
200232320007 
WNAM                            )
Oshkosh, WI.                    )            FRN 0002-8348-10

                                
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:   August 
               16, 2002

By the District Director, Chicago Office, Enforcement Bureau:

                        I.   Introduction

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find that Cumulus Licensing Corporation  (``CLC''), 
has apparently violated Section  73.49 of the Commission's  Rules 
(the ``Rules'')1 by failing to maintain an effective locked fence 
or other enclosure around the  base of each antenna having  radio 
frequency potential  at  the  base.   We  conclude  that  CLC  is 
apparently liable  for  a  forfeiture  in  the  amount  of  seven 
thousand dollars ($7,000).

                         II.  Background

     2.   On August  7,  2001,  an agent  from  the  Commission's 
Chicago Office inspected the antenna array of Radio Station WNAM.  
WNAM is  licensed  to  CLC and  located  in  Oshkosh,  Wisconsin.  
During the  inspection,  the  agent  observed  that  one  of  the 
station's antennas was  not enclosed within  an effective  locked 
fence or other enclosure.

     3.   The Chicago Office issued a Notice of Violation to  CLC 
on September 6,  2001, detailing the  violation.  In their  reply 
dated September 18, 2001, CLC indicated that their employee,  Mr. 
Jeff Schmidt, ``....supervised the completion of the new  fencing 
on September 18, 2001.''

                      III.      Discussion

     4.   Section 73.49 requires that antenna towers having radio 
frequency potential  at the  base  be enclosed  within  effective 
locked fences or other enclosures.  During the inspection of  the 
WNAM array on August 7, 2001, the agent found a fence had  fallen 
over, allowing unrestricted  access to the  base of the  antenna.  
Per the licensee's reply, it was not repaired until September 18, 
2001.

     5.   The Commission assesses  monetary forfeitures  pursuant 
to Section 503(b) of the Communications Act of 1934, as  amended, 
(the ``Act'')2 as implemented in  Section 1.80 of the Rules.3   A 
forfeiture may be  assessed against a  person who the  Commission 
finds to have willfully4 failed to comply with the provisions  of 
the  Act  or  the  Rules.   Forfeiture  amounts  are  decided  in 
accordance  with   Section  503(b)(2)5   of  the   Act  and   the 
Commission's forfeiture guidelines in  Section 1.80(b)(4) of  the 
Rules.6

     6.   Based on  the  evidence before  us,  we find  that  CLC 
willfully  violated  Section  73.49  of  the  Rules  by  allowing 
unrestricted access to  the base of  their antenna.  Pursuant  to 
The Commission's  Forfeiture Policy  Statement and  Amendment  of 
Section  1.80  of  the   Rules  to  Incorporate  the   Forfeiture 
Guidelines, 12 FCC Rcd  17087 (1997), recon.  denied, 15 FCC  Rcd 
303 (1999) (``Forfeiture Policy Statement''), the base forfeiture 
amount for AM tower fencing violations is seven thousand  dollars 
($7,000).  In assessing the  monetary forfeiture amount, we  must 
also take into account the statutory factors set forth in Section 
503(b)(2)(D) of the Act, which include the nature, circumstances, 
extent, and gravity of the violation(s), and with respect to  the 
violator,  the  degree  of  culpability,  any  history  of  prior 
offenses, ability to pay, and  other such matters as justice  may 
require.7  After applying the Forfeiture Policy Statement and the 
statutory factors  to  the  instant case,  we  believe  a  $7,000 
forfeiture is warranted.

                      IV.  Ordering Clauses

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act, and  Sections 0.111,  0.311 and  1.80 of  the 
Rules,8 Cumulus Licensing Corporation  is hereby NOTIFIED of  its 
APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  seven 
thousand dollars ($7,000) for willful violation of Section  73.49 
of the Rules.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY,  Cumulus Licensing  Corporation SHALL  PAY 
the full  amount  of the  proposed  forfeiture or  SHALL  FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     9.   Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. 200232320007 and FRN 0002-8348-10.

     10.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20402 and MUST  INCLUDE THE  NAL/Acct. No.  200232320007 and  FRN 
0002-8348-10. 

     11.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the petitioner  submits: (1)  federal tax  returns for  the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to generally accepted accounting practices  (``GAAP''); 
or (3)  some  other  reliable and  objective  documentation  that 
accurately reflects  the petitioner's  current financial  status.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 
submitted.

     12.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.9

     13.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt  Requested,  to   Cumulus  Licensing  Corporation,   3535 
Piedmont Road Building 14, 14th Floor, Atlanta, GA., 30305.

                              FEDERAL COMMUNICATIONS COMMISSION




                              G. Michael Moffitt
                              District Director
                              Chicago Office


_________________________

1 47 C.F.R.  73.49.

2 47 U.S.C.  503(b).

3 47 C.F.R.  1.80.

4 Section 312(f)(1), which also applies to Section 503(b), 
provides: [t]he term ``willful'', when used with reference to the 
commission or omission of any act, means the conscious and 
deliberate commission or omission of such act, irrespective of 
any intent to violate any provisions of the Act or any rule or 
regulation of the Commission authorized by this Act or by a 
treaty ratified by the United States.  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

5 47 U.S.C.  503(b)(2)

6 47 C.F.R.  1.80(b)(4)

7 47 U.S.C.  503(b)(2)(D); see also Forfeiture Policy Statement, 
12 FCC Rcd at 17100-01.

8 47 C.F.R.  0.111, and 0.311.

9 See 47 C.F.R.  1.1914.