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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                               
                                                                
     In the Matter of           )                               
                                                                
     Cumulus Licensing, LLC     )     File Number EB-05-NY-238  
                                                                
     Licensee of Station WZAD   )   NAL/Acct. No. 200632380005  
                                                                
     Wurtsboro, New York        )            FRN  0002 8348 10  
                                                                
     Facility ID #74285         )                               
                                                                
                                )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released: March 29, 2006

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Cumulus Licensing, LLC ("Cumulus"), the licensee of FM Broadcast
       Radio station WZAD in Wurtsboro, New York, apparently willfully and
       repeatedly violated Section 73.1125(a) of the Commission's Rules
       ("Rules")  by failing to maintain a management or staff presence at
       WZAD's main studio. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Cumulus is
       apparently liable for a forfeiture in the amount of seven thousand
       dollars ($7,000).

   II. BACKGROUND

    2. On September 9, 2005, in preparation for a routine broadcast
       inspection, an agent from the Commission's New York Office contacted
       WZAD's station manager and business manager to obtain the address and
       telephone number for WZAD's main studio. The station manager stated
       that the main studio is a small studio in Wurtsboro, but that all the
       station's activities, including program origination, are conducted
       from Cumulus's studio facilities in Poughkeepsie, New York. The agent
       called the local phone number received from WZAD's station manager
       several times during regular business hours on September 9, 2005, and
       each time there was no answer. The agent made arrangements with WZAD's
       contract engineer to inspect the main studio in Wurtsboro, New York.

    3. On September 13, 2005, the agent conducted an inspection of WZAD's
       main studio located at 139 Sullivan Street, Wurtsboro, New York,
       12790, with WZAD's contract engineer. The agent and the contract
       engineer arrived at the studio together during regular business hours.
       The agent observed that the door was locked and the lights were off.
       The contract engineer went to the business next door and returned with
       a woman who had the key to the studio. Both the contract engineer and
       the woman from the business next door stated that there had been no
       presence at the studio since some time in 2004. The agent observed
       minimal studio broadcast equipment and a transmitter for a
       studio-to-transmitter link that would allow the studio to go on the
       air if necessary. All equipment was powered off and it did not appear
       to the agent that anyone had been in the studio recently. To confirm
       that the telephone number he had called on September 9, 2005 was
       correct, the agent, using a cell phone, called the number he
       previously had called for the main studio and he heard the phone in
       the studio ring. The agent advised Cumulus's contract engineer of the
       violation for failure to maintain a staff presence at the main studio.

    4. On October 11, 2005, the agent spoke by telephone with WZAD's station
       manager and advised him of Cumulus's violation for failure to maintain
       a staff presence at WZAD's main studio. In response to questions from
       the agent, the station manager stated that the Wurtsboro studio is not
       currently staffed, but that he believed there was a sufficient
       presence at the studio because the woman from the business next door
       had a key. He stated, however, that he would make arrangements to
       provide staff for that location.

    5. On October 17, 2005, the agent spoke by telephone with WZAD's business
       manager, who stated that she believed that the last time someone
       worked at the Wurtsboro studio was November or December of 2004.

   III. DISCUSSION

    6. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    7. Section 73.1125(a) of the Rules generally requires broadcast stations
       to maintain a main studio at one of the following locations: (i)
       within the station's community of license; (ii) at any location within
       the principal community contour of any AM, FM, TV broadcast station
       licensed to the station's community of license; or (iii) within
       twenty-five miles from the reference coordinates of the center of its
       community of license. The station's main studio must serve the needs
       and interests of the residents of the station's community of license.
       To fulfill this function, a station must, among other things, maintain
       a meaningful management and staff presence at its main studio. The
       Commission has defined a minimally acceptable "meaningful presence" as
       full-time managerial and full-time staff personnel. In addition, there
       must be "management and staff presence" on a full-time basis during
       normal business hours to be considered "meaningful." Although
       management personnel need not be "chained to their desks" during
       normal business hours, they must "report to work at the main studio on
       a daily basis, spend a substantial amount of time there and...use the
       studio as a 'home base.'"

    8. An investigation by an FCC agent showed that there was no staff or
       management presence at the WZAD main studio in Wurtsboro, NY during
       normal business hours. There was no answer at the main studio when the
       agent called during normal business hours on September 9, 2005. During
       the September 13, 2005 inspection, which took place during normal
       business hours, the studio was locked, the lights were out, and all of
       the equipment was powered off. In addition, the station manager, the
       business manager, and the contract engineer for Cumulus admitted to
       the agent that no one had been stationed at the Wurtsboro studio since
       some time in 2004. Based on the evidence before us, we find that
       Cumulus apparently willfully and repeatedly violated Section
       73.1125(a) of the Rules by failing to maintain a management and staff
       presence at the WZAD main studio.

    9. 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"), and Section 1.80 of the Rules, the
       base forfeiture amount for violation of the main studio rule is
       $7,000. 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 Act, which include the nature, circumstances, extent, and
       gravity of the violations, and with respect to the violator, the
       degree of culpability, and history of prior offenses, ability to pay,
       and other such matters as justice may require. Applying the Forfeiture
       Policy Statement, Section 1.80, and the statutory factors to the
       instant case, we conclude that Cumulus is apparently liable for a
       ($7,000) forfeiture.

   IV. ORDERING CLAUSES

   10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Cumulus Licensing, LLC is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of seven  thousand dollars ($7,000) for violations of Section
       73.1125(a) of the Rules.

   11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Cumulus Licensing, LLC
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   12. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission.  The
       payment must include the NAL/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, New York Office, 201
       Varick Street, New York, NY 10014 and must include the NAL/Acct. No.
       referenced in the caption.

   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 submitted.

   15. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Cumulus Licensing, LLC at its address
       of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Daniel W. Noel

   District Director,

   New York  Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S 73.1125.

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

   The agent found, however, a complete public inspection file, including a
   copy of a waiver permitting Cumulus to maintain WZAD's EAS equipment at
   its Poughkeepsie studio.

   Section 312(f)(1) of the Act, 47 U.S.C. S 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 or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he 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."

   See Main Studio and Program Origination Rules, 3 FCC Rcd 5024, 5026
   (1988).

   Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 and n.2
   (1992), clarified, 7 FCC Rcd 6800 (1992).

   Jones Eastern of the Outer Banks, Inc., 7 FCC Rcd 6800, 6802 (1992).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.1125(a).

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission