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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )
                                )
Cumulus Broadcasting, LLC       )            File  No.  EB-04-NY-
299
                                )
ASR # 1061876                   )            NOV No. V20053238017
Middletown, New York            )            



                       NOTICE OF VIOLATION

                                             Released:  January 
5, 2005

By the District Director, New York Office, Northeast Region, 
Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to  Section 1.89  of  the Commission's  Rules,1  to 
     Cumulus Broadcasting, LLC.

  2.      On November 28, and December 26, 2004, an agent of  the 
     Commission's  New   York   Office  inspected   the   antenna 
     structure, ASR#  1061876, located  at 229  Monhagen  Avenue, 
     Middletown, New York, and observed the following violations:

          47 C.F.R. § 17.23:  ``  Unless 
          otherwise specified by the Commission, each new or 
          altered antenna structure to  be registered on  or 
          after January 1, 1996,  must conform to the  FAA's 
          painting and lighting recommendations set forth on 
          the  structure's   FAA   determination   of   ``no 
          hazard,''  as  referenced  in  the  following  FAA 
          Advisory Circulars:  AC 70/7460-1J,  ``Obstruction 
          Marking  and  Lighting,''  effective   January  1, 
          1996, and  AC 150/5345-43E,  ``Specifications  for 
          Obstruction Lighting  Equipment,''  dated  October 
          19,    1995.    The    documents    contain    FAA 
          recommendations   for   painting   and    lighting 
          structures which pose  a potential  hazard to  air 
          navigation.   For  purposes  of  this  part,   the 
          specifications,     standards,     and     general 
          requirements are mandatory...''  According to  the 
          Antenna Structure Registration 1061876 and the FAA 
          documents cited, the structure requires a top  red 
          beacon, which must flash at  a rate of between  20 
          to 40 times per  minute.  During the  inspections, 
          it was  observed  that  the  top  red  beacon  was 
          steadily lit, but failed to flash as required.

                              47    C.F.R.    §    17.56(a): 
          "Replacing  or  repairing  of  lights,   automatic 
          indicators  or  automatic  control  alarm  systems 
          shall be  accomplished  as soon  as  practicable." 
          Cumulus   Broadcasting,   LLC   is   required   to 
          diligently investigate  the  ongoing  problem  and 
          resolve the flashing beacon failure. 

  3.      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  tower 
     owner 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


  4.      This Notice shall be sent to Cumulus Broadcasting, LLC, 
     3535 Piedmont  Road, Building  14, 14th  Floor, Atlanta,  GA 
     30305. 

  5.      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
                                Northeast Region
                                Enforcement Bureau
_________________________

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.