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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
) File No. EB-04-NY-
192
Cumulus Broadcasting, LLC ) File No. EB-04-NY-
193
)
ASR #s 1007755 and 1007756 )
Located in Poughkeepsie, NY ) NOV No.
V20043238024
)
Atlanta, GA )
)
5. NOTICE OF VIOLATION
Released: July 28,
2004
By the District Director, New York Office, Northeast Region,
Enforcement Bureau:
This is a Notice of Violation ("Notice") issued pursuant to
Section 1.89 of the Commission's Rules,1 to Cumulus Broadcasting,
LLC, owner of antenna structures 1007755 and 1007756.
On July 13, 2004, an agent of the Commission's New York
Office inspected the antenna structures, ASR #s 1007755 and
1007756, located at 2 Pendell Road, Poughkeepsie, New York, and
observed the following violation:
5.a. 47 C.F.R. § 17.57: ``...The owner must also
immediately notify the Commission using FCC
Form 854 upon any change in structure height or
change in ownership information.'' Cumulus
Broadcasting, LLC is the current owner of
antenna structures 1007755 and 1007756.
However, the Antenna Structure Registrations
for each tower still list the owner as Aurora
of Poughkeepsie, LLC.
Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
Cumulus Broadcasting, LLC must submit a written statement
concerning this matter within 20 days of release of this Notice.
The response must fully explain each violation, must contain a
statement of the specific action(s) taken to correct each
violation and preclude recurrence, and should include a time line
for completion of pending corrective action(s). The response
must be complete in itself and signed by a principal or officer
of the licensee with personal knowledge of the matter. All
replies and documentation sent in response to this Notice should
be marked with the File No. and NOV No. specified above, and
mailed to the following address:
Federal Communications Commission
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
This Notice shall be sent to Cumulus Broadcasting LLC, 14
Piedmont, 3535 Piedmont Road, Suite 1400, Atlanta, GA 30305,
Attn: Legal Department.
The Privacy Act of 19743 requires that we advise you that
the Commission will use all relevant material information before
it, including any information disclosed in your reply, to
determine what, if any, enforcement action is required to ensure
compliance. Any false statement made knowingly and willfully in
reply to this Notice is punishable by fine or imprisonment under
Title 18 of the U.S. Code.4
FEDERAL COMMUNICATIONS
COMMISSION
Daniel W. Noel
District Director
New York Office
_________________________
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.