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

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 )


   Cumulus Licensing, LLC ) File No. EB-06-TP- 287

   Licensee of Radio Station WAOA-FM )

   Facility ID # 60387 ) NOV No. V20073270001

   Melbourne, Florida )


                              NOTICE OF VIOLATION

                                                 Released:  October  17, 2006

   By the District Director, Tampa Office, South Central Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Cumulus Licensing, LLC., licensee of
       radio station WAOA-FM.

    2. On May 18, 2006, agents of the Commission's Tampa Office of the
       Enforcement Bureau  performed measurements of radio station WAOA-FM's
       transmitter located in Melbourne, Florida and observed the following

   a. 47 C.F.R. S 73.317(d): "Any emission appearing on a frequency removed
   from the carrier by more than 600 kHz must be attenuated at least 43 +
   10Log10 (Power, in watts) dB below the level of the unmodulated carrier,
   or 80 dB, whichever is the lesser attenuation." A spurious emission
   ("Spur") at 107.9 MHz was noted and the station was advised that the level
   of the spur was attenuated less than the required 80 dB. The level of the
   attenuated spur was determined to be 57.3 dB. Several addition
   measurements have been made in the course of an on-going interference
   investigation at this radio site and as recently as October 10, 2006, the
   level of the spurious emission was determined to be nominally the same.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Cumulus
       Licensing, LLC.,  must submit a written statement concerning this
       matter within twenty (20) days of release of this Notice. The response
       must fully explain each violation, must contain a statement of the
       specific action(s) taken to correct each violation and preclude
       recurrence, and should include a time line for completion of pending
       corrective action(s). The response must be complete in itself and
       signed by a principal or officer of the licensee. All replies and
       documentation sent in response to this Notice should be marked with
       the File No. and NOV No. specified above, and mailed to the following

   Federal Communications Commission

   Tampa Office

   2203  Lois Avenue, Suite 1215

   Tampa, FL 33607

    4. This Notice shall be sent to Cumulus Licensing, LLC. at its address of

    5. The Privacy Act of 1974 requires that we advise you that the
       Commission will use all relevant material information before it,
       including any information disclosed in your reply, to determine

   what, if any, enforcement action is required to ensure compliance. Any
   false statement made knowingly and willfully in reply to this Notice is
   punishable by fine or imprisonment under Title 18 of the U.S. Code.


   Ralph M. Barlow

   District Director

   Tampa District Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   47 U.S.C. S 308(b).

   P.L. 93-579, 5 U.S.C. S 552a (e) (3).

   18 U.S.C. S 1001 et seq.

                       Federal Communications Commission


                       Federal Communications Commission