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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                  )                               
                                                                  
                                  )                               
     In the Matter of                                             
                                  )                               
     Cumulus Licensing, LLC             File Number EB-07-DV-029  
                                  )                               
     Licensee of Station WLE938       NAL/Acct. No. 200732800003  
                                  )                               
     Grand Junction, Colorado                     FRN 0002834810  
                                  )                               
     Facility ID # 47114                                          
                                  )                               
                                                                  
                                  )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                       Released: May 17, 2007

   By the District Director, Denver Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Cumulus Licensing, LLC ("Cumulus"), licensee of station WLE938 in
       Grand Junction, Colorado, apparently willfully and repeatedly violated
       Sections 1.903(a), 1.947(a), and 74.532(e)  of the Commission's Rules
       ("Rules") by failing to operate station WLE938, an aural
       studio-transmitter-link ("STL"), from its licensed location. We
       conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that Cumulus is apparently liable for a
       forfeiture in the amount of four thousand dollars ($4,000).

   II. BACKGROUND

    2. On January 3, 2007, agents from the Enforcement Bureau's Denver Office
       inspected STL transmitters operating from the Cumulus studio at 315
       Kennedy Avenue in Grand Junction, Colorado ("Kennedy Avenue Studio").
       The coordinates of the Cumulus studios are 39-o 04' 46" north
       latitude, 108-o 34' 01" west longitude. At the time of the inspection,
       station WLE938 was operating from these coordinates. According to the
       WLE938 station authorization, its licensed coordinates are 39-o 06'
       30.9" north latitude, 108-o 32' 37.3" west longitude and the physical
       street address is 7815 Horizon Drive, in Grand Junction, Colorado.

    3. During the Kennedy Avenue Studio inspections, the agents informed the
       Cumulus stations' engineer and the general manager of the violations
       found with the WLE938 station license. The Cumulus engineer stated
       that the WLE938 STL had been relocated from the 7815 Horizon Drive
       studio to the Kennedy Avenue main studio location in August of 2006.

    4. When the inspections were completed, the agents reviewed the remaining
       violations with Cumulus representatives. The station engineer
       acknowledged the licensing errors and stated to the agents that, after
       being informed of the STL licensing violations that afternoon, Cumulus
       had contacted an entity to correct the authorizations accordingly.

    5. On January 4 and 6, 2007, the agents returned to the Kennedy Avenue
       Studio and observed station WLE938 continuing to transmit on a center
       frequency of 944.500 MHz.

    6. On April 12, 2007, a query of the Commission's licensing database
       reflected neither a change in the coordinates nor a change in the
       fixed location address for station WLE938. Additionally, there were no
       applications pending in the system for modifications to correct the
       licensing errors the agents communicated to the Cumulus
       representatives.

   III. DISCUSSION

    7. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    8. Section 1.903(a) of the Rules requires that stations in the Wireless
       Radio Services must be used and operated only in accordance with the
       rules applicable to their particular service and with a valid
       authorization granted by the Commission. Section 1.947(a) of the Rules
       requires that all major modifications as defined in Section 1.929 of
       the Rules require prior Commission approval. Section 1.929(d)(1)(i) of
       the Rules defines one of the major actions as "any change in transmit
       antenna location by more than 5 seconds in latitude or longitude for
       fixed point-to-point facilities." Section 74.532(e) of the Rules
       states that each aural broadcast auxiliary station will be licensed at
       a specified transmitter location to communicate with a specified
       receiving location, and the direction of the main radiation lobe of
       the transmitting antenna will be a term of the station authorization.
       At the time of the inspection on January 3, 2007, Cumulus was found
       operating radio station WLE938 from a location inconsistent with the
       station's authorized coordinates and street address. The distance
       separating the point of operation from that of the license was greater
       than two miles (specifically, approximately 103 seconds of latitude
       and approximately 84 seconds of longitude). The licensee's engineer
       acknowledged the licensing inaccuracies, noting that station WLE938
       had been operating from this location for at least four months;
       therefore, the violation was willful. Station WLE938 was observed
       operating from the incorrect location again on January 4 and 6, 2007.
       The violation occurred for more than one day, therefore it was
       repeated.

    9. Based on the evidence before us, we find that Cumulus apparently
       willfully and repeatedly violated Sections 1.903(a), 1.947(a), and
       74.532(e) of the Rules by failing to operate station WLE938 from its
       licensed location.

   10. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for the operation of a station from an
       unauthorized location is $4,000. 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 violations, and with respect
       to the violator, the degree of culpability, and history of prior
       offenses, ability to pay, and other such matters as justice may
       require. Applying the Forfeiture Policy Statement, Section 1.80, and
       the statutory factors to the instant case, we conclude that Cumulus
       is apparently liable for a four thousand dollar ($4,000) forfeiture.

   IV. ORDERING CLAUSES

   11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Cumulus Licensing, LLC, is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of four thousand dollars ($4,000) for violations of Sections
       1.903(a), 1.947 and 74.532(e) of the Rules.

   12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Cumulus Licensing, LLC,
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   13. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission.  The
       payment must include the NAL/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   14. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Denver Office, 215
       South Wadsworth Boulevard, Suite 303, Lakewood, Colorado, 80226, and
       must include the NAL/Acct. No. referenced in the caption.

   15. 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.

   16. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director - Financial Operations, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   17. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Cumulus Licensing, LLC, at its address
       of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Nikki P. Shears

   District Director

   Denver Office

   Western Region

   Enforcement Bureau

   47 C.F.R. SS 1.903(a), 1.947, and 74.532(e).

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

   Two other STL stations, with call signs WPNH604 and WLD551, transmitting
   on 945.500 MHz and 949.500 MHz, respectively, were also found to be
   broadcasting from coordinates not listed on their authorizations. The
   authorizations for WPNH604 and WLD551, however, showed the correct street
   address of 315 Kennedy Avenue.

   WPNH604 and WLD551were also observed transmitting on a center frequencies
   of 945.500 MHz and 949.500 MHz, respectively.

   Additionally, there were no applications on file to correct the
   coordinates on the WPNH604 and WLD551 authorizations.

   Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[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 provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'repeated', when used with reference to the
   commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 C.F.R. S 1.903(a).

   47 C.F.R. S 1.947(a).

   47 C.F.R. S 1.929(d)(1)(i).

   47 C.F.R. S 74.532(e).

   While the authorizations for stations WPNH604 and WLD551 showed incorrect
   coordinates, the street address of 315 Kennedy Avenue, given in each of
   the two stations' authorizations, was correct. At the time of the
   inspection, a verbal warning was conveyed to Cumulus Licensing, LLC, for
   failing to modify the licenses to reflect the proper coordinates for the
   operation of stations WPNH604 and WLD551. We caution Cumulus to be
   cognizant of the need to modify all applicable aspects of the auxiliary
   station authorizations associated with the "associated broadcast parent
   station" when said stations are relocated.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 1.903(a),
   1.947 and 74.532(e).

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission