Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
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 )
)
Cumulus Licensing, LLC ) File No. EB-06-TP- 287
Licensee of Radio Station WAOA-FM )
Facility ID # 60387 ) NOV No. V20073270001
Melbourne, Florida )
)
NOTICE OF VIOLATION
Released: October 17, 2006
By the District Director, Tampa Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Cumulus Licensing, LLC., licensee of
radio station WAOA-FM.
2. On May 18, 2006, agents of the Commission's Tampa Office of the
Enforcement Bureau performed measurements of radio station WAOA-FM's
transmitter located in Melbourne, Florida and observed the following
violations:
a. 47 C.F.R. S 73.317(d): "Any emission appearing on a frequency removed
from the carrier by more than 600 kHz must be attenuated at least 43 +
10Log10 (Power, in watts) dB below the level of the unmodulated carrier,
or 80 dB, whichever is the lesser attenuation." A spurious emission
("Spur") at 107.9 MHz was noted and the station was advised that the level
of the spur was attenuated less than the required 80 dB. The level of the
attenuated spur was determined to be 57.3 dB. Several addition
measurements have been made in the course of an on-going interference
investigation at this radio site and as recently as October 10, 2006, the
level of the spurious emission was determined to be nominally the same.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Cumulus
Licensing, LLC., must submit a written statement concerning this
matter within twenty (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. 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
Tampa Office
2203 Lois Avenue, Suite 1215
Tampa, FL 33607
4. This Notice shall be sent to Cumulus Licensing, LLC. at its address of
record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director
Tampa District Office
South Central Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 308(b).
P.L. 93-579, 5 U.S.C. S 552a (e) (3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission