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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                 )                                


                                       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.