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 Cumulus Licensing LLC Licensee of Radio Station KMAJ
   Topeka, KS ) ) ) ) ) ) ) ) File No.: EB-FIELDSCR-13-00006650 NOV No.:
   V201332560017 Facility ID: 42014




                              NOTICE OF VIOLATION

   Released: February 20, 2013

   By the District Director, Kansas City Office, South Central Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Cumulus Licensing LLC, licensee
       of radio station KMAJ in Topeka, Kansas.  Pursuant to Section 1.89(a)
       of the Rules, issuance of this NOV does not preclude the Enforcement
       Bureau from further action if warranted, including issuing a Notice of
       Apparent Liability for Forfeiture for the violation(s) noted herein.^

    2. On February 6, 2013, an agent of the Commission's Kansas City Office
       inspected Station KMAJ's antenna array, which is owned by Cumulus
       Licensing LLC and  located  0.5 miles NE of SE 29th St & SE Ratner Rd
       Tecumseh, KS 66542, and observed the following violation(s):

   a. 47 C.F.R.S73.49: "Antenna towers having radio frequency potential at
   the base (series fed, folded unipole, and insulated base antennas) must be
   enclosed within effective locked fences or other enclosures. Ready access
   must be provided to each antenna tower base for meter reading and
   maintenance purposes at all times. However, individual tower fences need
   not be installed if the towers are contained within a protective property
   fence." At the time of inspection, the base fencing for each of the four
   towers in the KMAJ antenna array was severely deteriorated. The protective
   property fence was ineffective and could be easily bypassed. These
   conditions resulted in unrestricted access to these towers, which had
   radio frequency potential at their base.




    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Rules, Cumulus Licensing LLC, must
       submit a written statement concerning this matter within twenty (20)
       days of release of this Notice. The response must (i) fully explain
       each violation, including all relevant surrounding facts and
       circumstances, (ii) must contain a statement of the specific action(s)
       taken to correct each violation and preclude recurrence, and (iii)
       must include a time line for completion of any pending corrective
       action(s). The response must be complete in itself and must not be
       abbreviated by reference to other communications or answers to other
       notices.

    4. In accordance with Section 1.16 of the Rules, we direct Cumulus
       Licensing LLC to support its response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by an
       authorized officer of  Cumulus Licensing LLC with personal knowledge
       of the representations provided in Cumulus Licensing LLC's response,
       verifying the truth and accuracy of the information therein,^ and
       confirming that all of the information requested by this Notice which
       is in the licensee's possession, custody, control, or knowledge has
       been produced. To knowingly and willfully make any false statement or
       conceal any material fact in reply to this Notice is punishable by
       fine or imprisonment under Title 18 of the U.S. Code.^ 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
       address:

   Federal Communications Commission

   Kansas City Office

   520 N.E. Colbern Rd.

   2nd Floor

   Lees Summit, MO  64086-4711

    5. This Notice shall be sent to Cumulus Licensing LLC at its address of
       record.

    6. 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.^

   FEDERAL COMMUNICATIONS COMMISSION

   Ronald D. Ramage

   District Director

   Kansas City Office

   South Central Region

   Enforcement Bureau

   ^47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

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

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

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

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

                       Federal Communications Commission

   3

                       Federal Communications Commission