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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 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
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
submitted.
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.
FEDERAL COMMUNICATIONS COMMISSION
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. §
312(f)(2).
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.