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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-00-TP-684
Cumulus Licensing Corp. )
NAL/ Acct. No. 200132700002
)
Tallahassee, FL )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 26, 2000
By the Enforcement Bureau, Tampa District Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we
find Cumulus Licensing Corporation, licensee of Stations
WHBX(FM), Tallahassee, Florida, WHBT(AM), Tallahassee, Florida,
and WWLD(FM), Tallahassee, Florida, apparently liable for a
forfeiture in the amount of twenty four thousand dollars
($24,000) for violation of Section 11.35(a) of the Commission's
rules, 47 C.F.R. § 11.35(a), which requires Emergency Alert
System (EAS) equipment to be installed and operating at broadcast
stations. We find that the required EAS Encoders, EAS Decoders
and Attention Signal generating and receiving equipment was not
installed, nor had ever been purchased for these three stations.
II. BACKGROUND
·
2. On August 31, 2000, an agent of the Tampa District
Office inspected stations WHBX(FM), Tallahassee, Florida,
WHBT(AM), Tallahassee, Florida, and WWLD(FM), Tallahassee,
Florida. A station engineer who represented all three of these
stations advised the agent during the inspections that none of
these stations had purchased EAS equipment. Consequently, the
stations were unable to send or receive EAS test and alerts.
III. DISCUSSION
3. Based on the evidence before us, we find that on August
31, 2000, Cumulus Licensing Corporation willfully1 violated
Section 11.35(a), of the Commission's Rules2 by not having
Emergency Alert System (EAS) equipment installed and operating at
Stations WHBX(FM), Tallahassee, Florida, WHBT(AM), Tallahassee,
Florida, and WWLD(FM), Tallahassee, Florida.
4. 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''), the base forfeiture amount is $8,000 each for not
having EAS equipment installed or operational.3 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 violation(s), 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.4 Cumulus Licensing
Corporation's violations were repeated and willful. Applying the
Forfeiture Policy Statement and statutory factors to the instant
case, an $24,000 forfeiture is warranted.
IV. ORDERING CLAUSES
5. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules,6 Cumulus Licensing Corp. is hereby NOTIFIED
of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
twenty four thousand dollars ($24,000) for violating Section
11.35(a) of the Commission's Rules7
6. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules,8 within thirty days of the release date
of this NOTICE OF APPARENT LIABILITY, 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.
7. Payment of the forfeiture may be made by credit card
through the Commission's Credit and Debt Management Center at
(202) 418-1995 or 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.
200132700002 .
8. The response if any must be mailed to Office of the
Secretary, Federal Communications Commission, 445 12th Street,
S.W., Washington, D.C. 20554, ATTN: Enforcement Bureau - TPSD and
MUST INCLUDE the NAL/Acct. No. referenced above.
9. 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; 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.
10. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Chief, Credit and Debt Management Center, 445 12th Street,
S.W., Washington, D.C. 20554.9
11. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Cumulus Licensing Corp., 3411 West Tharpe Street,
Tallahassee, FL 32303.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director
Tampa District Office
_________________________
1 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to 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 (1991).
2 47 C.F.R. § 11.35(a)
3 12 FCC Rcd 17087 (1997), recon. denied, FCC 99?407 (rel.
December 28, 1999).
4 47 U.S.C. § 503(b)(2)(D). See also Forfeiture Policy
Statement, 12 FCC Rcd at 17100-01 (discussion of upward and
downward adjustment factors).
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80.
7 47 C.F.R. § 11.35(a)
8 47 C.F.R. § 1.80.
9 See 47 C.F.R. § 1.1914.