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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                               
                                                                
     In the Matter of           )                               
                                                                
     Cumulus Licensing, LLC     )    File Number: EB-06-TP-119  
                                                                
     Licensee of Station WWLD   )   NAL/Acct. No.:200732700003  
                                                                
     Cairo, GA                  )              FRN: 0002834810  
                                                                
     Facility ID # 38640        )                               
                                                                
                                )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released: October 25, 2006

   By the District Director, Tampa Field Office, South Central Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Cumulus Licensing, LLC ("Cumulus"), licensee of station WWLD,
       Cairo,  GA, apparently willfully violated Sections 73.1350(b)(2) and
       73.3526 of the Commission's Rules ("Rules") by failing to maintain a
       control system that provides personnel the capability to continuously
       control the transmitter and failing to make available a complete
       public inspection file. 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 April 13, 2006, agents from the Commission's Tampa Office of the
       Enforcement Bureau conducted an inspection of station WWLD at its main
       studio in Tallahassee, Florida. The agents found that the station's
       transmitter control equipment was not operational. The station
       engineer stated that the equipment only allowed station personnel to
       call in and take meter readings from the transmitter, which is located
       at a remote site. The equipment would not allow station personnel to
       turn the transmitter off from the main studio. When the agents asked
       to inspect the station's public inspection file during regular
       business hours, the station could not produce a complete file. The
       file contained no Radio Issues/Program lists from any quarter. The
       station engineer and operations manager stated that the Public Service
       Announcements ("PSAs") from 2001 until the 4^th Quarter 2005 doubled
       as the station's Issues/Program lists.

   III. DISCUSSION

    3. 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.

    4. Section 73.1350(b)(2) of the Rules requires  that transmitter control
       personnel must have the capability to turn the transmitter off at all
       times. If the personnel are at a remote location, the control system
       must provide this capability continuously or must include an alternate
       method of acquiring control that can terminate operations within 3
       minutes. Station WWLD's transmitter is located at a remote site more
       than 5 minutes travel time away from the remote control point. The
       station engineer admitted that although the equipment was installed at
       the transmitter site to control the station, it was not fully
       operational. The station engineer also admitted that the equipment
       only allowed station personnel to call in and take transmitter
       readings. On April 13, 2006, the equipment would not allow anyone the
       capability of turning off the transmitter at any time the station was
       in operation.

    5. Section 73.3526(a)(2) of the Rules requires broadcast stations to
       maintain for public inspection, a file containing materials listed in
       that section. Section 73.3526(c)(1) of the Rules states that the file
       shall be available for public inspection at any time during regular
       business hours. Section 73.3526(e)(12) of the Rules requires licensees
       to place in the public inspection file, for each calendar quarter, a
       list of programs that have provided the station's most significant
       treatment of community issues during the preceding three month period.
       This list is known as the radio Issues/Programs list. On April 13,
       2006, in response to a request made to inspect the station's public
       file during normal business hours, station WWLD was unable to produce
       any copies of the station's radio Issues/Programs lists for any
       quarter. Copies of PSAs do not qualify as Issues/Programs lists. There
       was no evidence that the lists were ever maintained in the public
       file.

    6. Based on the evidence before us, we find that Cumulus  apparently
       willfully violated Sections 73.1350(b)(2), and 73.3526 of the Rules by
       failing to maintain a control system that provides personnel the
       capability to continuously control the transmitter and failing to make
       available a complete public inspection file.

    7. 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 violations of transmitter control and
       metering requirements is $3,000 and the base forfeiture amount for
       violation of public file rules 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 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. Because the public file was partially complete, we
       conclude a reduction in the base forfeiture amount to $4,000 is
       appropriate. 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

    8. 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 Sections 73.1350(b)(2) and 73.3526  of
   the Rules.

    9. 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.

   10. 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.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Tampa Field
       Office, 2203, N. Lois Ave., Suite 1215, Tampa, FL 33607 and must
       include the NAL/Acct. No. referenced in the caption.

   12. 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.

   13. 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.

   14. 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

   Ralph M. Barlow

   District Director

   Tampa Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. SS 73.1350(b)(2), 73.3526.

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

   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."

   47 C.F.R. S 73.3526(a)(2).

   47 C.F.R. S 73.3526(c)(1).

   47 C.F.R. S 73.3526(e)(12).

   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, 73.1350(b)(2),
   73.3526.

   See 47 C.F.R. S 1.1914

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission