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

In the Matter of                   )     File Number EB-02-KC-559
Cumulus Licensing Corp.            )   NAL/Acct. No. 200232560024
Licensee of FM Broadcast Stations  )
KQTP, St. Marys, Kansas and        )             FRN 0005-7982-51
KWIC, Topeka, Kansas               )
Atlanta, Georgia                   )


                                        Released: August 12, 2002

By the Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),  we  find   Cumulus  Licensing  Corp.   (``Cumulus''), 
licensee of FM radio stations KQTP, St. Marys, Kansas, and  KWIC, 
Topeka, Kansas, apparently liable for a forfeiture in the  amount 
of  two  thousand  dollars  ($2,000)  for  willful  and  repeated 
violation of  Section 73.3526(e)(12)  of the  Commission's  Rules 
(``Rules'').1  Specifically,  we  find  Cumulus  Licensing  Corp. 
apparently  liable  for  failure  to  maintain  required  issues-
programs listings at both KQTP and KWIC.

                         II.  BACKGROUND

     2.   On July 10, 2002, an agent from the Commission's Kansas 
City Field Office inspected  FM radio stations  KQTP and KWIC  at 
the main studio for both stations located in Topeka, Kansas.   At 
the time of this inspection, the public inspection files for both 
stations contained  no  issues-programs  listings  for  the  time 
period since  Cumulus consummated  purchase of  both stations  on 
July 18, 2001.   The last  issues-programs listing  found in  the 
file was dated April 1, 2001.

                        III.  DISCUSSION

     3.   Section 47  C.F.R. 73.3526(e)(12)  requires  commercial 
radio stations, every  three months,  to compile  and maintain  a 
list  of  programs   that  have  provided   the  station's   most 
significant treatment of  community issues  during the  preceding 
three month period.  The list for each calendar quarter is to  be 
filed by the tenth day  of the succeeding calendar quarter.   The 
list shall include a brief narrative describing what issues  were 
given significant treatment and the programming that provided the 
treatment.  The description  of the programs  shall include,  but 
shall not be limited to, the  time, date, duration, and title  of 
each program in  which the  issue was  treated.  At  the time  of 
inspection on July  10, 2002,  Cumulus did not  have any  issues-
programs listings for  either KQTP  or KWIC  in their  respective 
public inspection files for the time period July 18, 2001, to the 
date of inspection.  The last such list was dated April 1,  2001, 
which is before Cumulus consummated purchase of both stations  on 
July 18, 2001.   As of July  10, 2002, the  licensee was  missing 
four quarterly lists for each of the stations.

     4.   Based on  the  evidence  before  us,  we  find  Cumulus 
willfully2 and repeatedly3 violated Section 73.3526(e)(12) of the 
Rules by failing to maintain required issues-programs listings at 
both KQTP and KWIC.

     5.   Pursuant to Section 1.80(b)(4) of the Rules,4 the  base 
forfeiture amount for failure maintain required records, such  as 
the  issues-programs  listings,  is  $1,000  per  violation.   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 Communications  Act of 1934,  as amended (``Act''),  which 
include the  nature, circumstances,  extent, and  gravity of  the 
violation, 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.5   In this case,  the 
same violation occurred  at two of  Cumulus' radio stations.   In 
addition, Cumulus has a  history of prior  offenses for the  same 
type of violation at other Cumulus radio stations.6   Considering 
the entire record  and applying  the factors  listed above,  this 
case warrants an upwards adjustment  of the base forfeiture  from 
$1,000 to $2,000.

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,7 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,8 Cumulus  Licensing  Corp.  is  hereby  NOTIFIED  of  this 
APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand 
dollars ($2,000) for  willful and repeated  violation of  Section 
73.3526(e)(12) of  the  Rules  by failing  to  maintain  required 
issues-programs listings at both KQTP and KWIC.

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

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

     9.   The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street  SW,  Washington  DC  20554,  Attn:  Enforcement   Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct. 
No. referenced above.  

     10.  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 

     11.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Cumulus Licensing  Corp., 3535  Piedmont Road,  Building 14  - 
14th Floor, Atlanta, GA  30305.   



                         Robert C. McKinney
                         Kansas City  Office, Enforcement Bureau

1 47 C.F.R.  73.3526(e)(12).

2 Section 312(f)(1) of the Act, 47 U.S.C.  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 . . . .''  See Southern California Broadcasting Co., 6 
FCC Rcd 4387-88 (1991).

3 The 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 U.S.C.  

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

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

6 Case EB-01-AT-009, Notice of Violation (``NOV'') issued to 
Cumulus on January 12, 2001.  Case EB-01-AT-010, NOV issued to 
Cumulus on January 12, 2002.  Both NOVs cited violation of 47 
C.F.R.  73.3526(e)(12).

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.