Click here for Adobe Acrobat version
Click here for Microsoft Word version

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                   )      File Number EB-03-AT-077
Cumulus Licensing Corp.            )     NAL/Acct. No.200332480025
Owner of Antenna Structures        )
#1052722 and #1052724 near         )              FRN 0005-2603-77
Savannah, Georgia                  )
Milwaukee, Wisconsin


                                      Released: May 27, 2003

By the Enforcement Bureau, Atlanta Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''),  we   find  Cumulus  Licensing  Corp. 
(``Cumulus''),  owner  of  antenna structures  #1052722  and 
#1052724 apparently liable for a forfeiture in the amount of 
ten  thousand dollars  ($10,000)  for  willful and  repeated 
violation  of  Section  17.50   of  the  Commission's  Rules 
(``Rules'').1   Specifically,  we  find  Cumulus  apparently 
liable  for  failure  to   clean  and  repaint  its  antenna 
structures to maintain good visibility.

                         II.  BACKGROUND

     2.   On August  22, 2001, an agent  of the Commission's 
Atlanta  Field  Office  (``Atlanta Office'')  inspected  the 
antenna  structures associated  with AM  radio station  WBMQ 
bearing FCC antenna structure registration (``ASR'') numbers 
1052722,   1052724  and   1052726  located   near  Savannah, 
Georgia.2  The paint  on the structures was  badly faded and 
peeling,  greatly  reducing  visibility of  the  structures' 
obstruction markings.   In the WBMQ public  inspection file, 
the agent found  a written statement by  the station's chief 
engineer stating  that the antenna  structures' deteriorated 
paint  constituted an  air navigation  hazard.  The  Atlanta 
Office issued to Cumulus a  Notice of Violation on September 
19, 2001,  for failure  to maintain  good visibility  of the 
antenna structures' obstruction markings.  Cumulus submitted 
a written  reply dated October  15, 2001, stating  that they 
were  currently  acquiring  bids   to  repaint  the  antenna 
structures  and  anticipated  that  the  repainting  of  the 
structures would be completed by December 31, 2001.

     3.   On October  18, 2001,  the Atlanta Office  sent to 
Cumulus a Continuation of Notice of Violation requesting the 
status of the antenna  structure repainting.  Cumulus' legal 
counsel  submitted a  written reply  dated January  9, 2002, 
stating that Cumulus is the  owner of the antenna structures 
in question and that Cumulus  would make a determination, no 
later than January  31, 2002, whether to  repaint the towers 
or replace  the towers  altogether with  a tower  painted in 
conformance with Commission requirements.

     4.   Cumulus's counsel submitted  another written reply 
dated  February 4,  2002,  stating that  Cumulus planned  to 
replace the existing antenna structures, and that completion 
of the construction of the  new antenna structures should be 
either June or July of 2002.

     5.   Cumulus's counsel submitted  another written reply 
dated July  31, 2002, stating that  after further evaluation 
of the  time and expense  involved in the construction  of a 
new antenna  structure for WBMQ(AM), Cumulus  had decided to 
relocate  the operations  for WBMQ(AM)  to another  existing 
antenna structure in Savannah,  Georgia.  Following the move 
to the  new structure,  Cumulus would dismantle  the current 
WBMQ(AM) antenna structures.

     6.   On March 18 and 19,  2003, an agent of the Atlanta 
Office again  inspected Cumulus' antenna  structures bearing 
ASR  numbers 1052722  and 1052724.  The paint  covering more 
than one-half of the surface  of the structures was severely 
faded  and  peeling,  greatly  reducing  visibility  of  the 
structures'  obstruction markings.  The aviation  orange and 
white paint bands were not  distinguishable at a distance of 
one-half  mile from  the  structures.  The Commission's  ASR 
database showed these structures are owned and registered to 
Cumulus and require painting.

                      III.  DISCUSSION

     7.   Cumulus' antenna  structures' registration numbers 
1052722 and 1052724 specify  lighting and painting for these 
structures that include requirements  that the structures be 
painted with  alternating aviation  orange and  white bands.  
Section 17.50 of the  Rules requires that antenna structures 
requiring painting  be cleaned or repainted  as necessary to 
maintain  good visibility.   Section 17.6(a)  of the  Rules3 
states  that antenna  structure owners  are responsible  for 
maintaining a structure's paint.  On  March 18 and 19, 2003, 
Cumulus'  antenna  structures   #1052722  and  #1052724  had 
severely   faded  and   peeling  paint   making  the   bands 
indistinguishable at  a distance  of one-half mile  from the 
structure, resulting  in poor visibility of  the structures' 
obstruction markings. 

     8.   Based on  the evidence before us,  we find Cumulus 
willfully4  and repeatedly5  violated Section  17.50 of  the 
Rules  by  failing  to  repaint its  antenna  structures  to 
maintain  good visibility  in accordance  with the  painting 
specifications  associated   with  its   antenna  structures 
#1052722 and #1052724.

     9.   Pursuant to Section 1.80(b)(4)  of the Rules,6 the 
base forfeiture amount for failure to comply with prescribed 
antenna  structure markings  is $10,000.   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.7  
Considering  the  entire  record and  applying  the  factors 
listed above, this case warrants a forfeiture of $10,000.

                      IV.  ORDERING CLAUSES

     10.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,8  and Sections 0.111,  0.311 and 
1.80  of  the  Rules,9  Cumulus Licensing  Corp.  is  hereby 
amount  of ten  thousand dollars  ($10,000) for  willful and 
repeated violation of Section 17.50  of the Rules by failing 
to clean and repaint its antenna structures to maintain good 

     11.  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 

     12.  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. 20554.10

     13.  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.  

     14.  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 

     15.  Under the  Small Business Paperwork Relief  Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or  in a separate filing  to be sent to  the Technical & 
Public Safety Division.   Your certification should indicate 
whether   you,  including   your  parent   entity  and   its 
subsidiaries, meet one  of the definitions set  forth in the 
list provided by the FCC's Office of Communications Business 
Opportunities  (OCBO)  set forth  in  Attachment  A of  this 
Notice of Apparent Liability.  This information will be used 
for  tracking purposes  only.  Your  response or  failure to 
respond to this question will  have no effect on your rights 
and  responsibilities  pursuant  to Section  503(b)  of  the 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990.  

     16.   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.,  111  East 
Kilbourn Ave., Ste. 2700, Milwaukee, WI 53202. 



                         Fred L. Broce
                         District Director
                         Atlanta Office, Enforcement Bureau

1 47 C.F.R.  17.50.

2 Cumulus Licensing Corp., the subject of this NAL, a 
subsidiary of Cumulus Media Inc., is the licensee of radio 
station WBMQ as well as the registered owner of the two 
captioned antenna structures.  WBMQ utilizes the two 
captioned antenna structures as well as a third structure 
with ASR #1052726.  At the time of the August 22, 2001 
inspection, Cumulus Licensing Corp. stated that they owned 
antenna structure #1052726.  However, the Commission's ASR 
database listed the name of the former owner, Savannah 
Communications LP DBA = WBMQ-AM, as the registered owner.  
In the September 19, 2001 Notice of Violation, Cumulus 
Licensing Corp. was cited for, among other things, failure 
to notify the Commission of a change in antenna structure 
ownership for structure #1052726.  In January, 2002, the 
registered owner information for structure #1052726 was 
changed to Cumulus Broadcasting Inc., also a subsidiary of 
Cumulus Media Inc.  While not a subject of this NAL, we note 
that antenna structure #1052726 also violated Section 17.50 
of the Rules due to the poor visibility of the obstruction 

3 47 C.F.R.  17.6(a).

4 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 

5 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).

6 47 C.F.R.  1.80(b)(4).

7 47 U.S.C.  503(b)(2)(D).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, 1.80.

10 See 47 C.F.R.  1.1914.