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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-082  
     Licensee of Station                                         
     WHBX                       )   NAL/Acct. No.: 200732700006  
                                                                 
     Tallahassee, FL            )               FRN: 0002834810  
                                                                 
     Facility ID # 28168        )                                
                                                                 
                                )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: January 3, 2007

   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 WHBX,
       Tallahassee, Florida, apparently willfully violated Section 73.3526 of
       the Commission's Rules ("Rules") by failing to make available a
       complete public inspection file. We also find that Cumulus apparently
       willfully and repeatedly violated Sections 11.35(a) and 73.1350(b) of
       the Rules by failing to maintain an Emergency Alert System ("EAS")
       capable of transmitting an EAS test and failing to maintain a control
       system that provides personnel the capability to control continuously
       the transmitter. 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 fifteen  thousand
       dollars ($15,000).

   II. BACKGROUND

    2. On April 5, 2006, agents from the Commission's Tampa Office of the
       Enforcement Bureau conducted an inspection of station WHBX at its main
       studio in Tallahassee, Florida. The agents found that the station's
       EAS equipment was installed, but not fully operational. At the time of
       inspection, the station was unable to run a Required Weekly Test
       (RWT). The required EAS header and EOM (End of Message) codes did not
       go out over the air. The EAS equipment printed out an illegible
       receipt from the failed RWT test. The station's most recent legible
       required EAS transmit test receipt was dated August 25, 2004. Other
       receipts were available, but they were illegible because the EAS unit
       was printing backwards and over the same line repeatedly. The station
       also failed to maintain an EAS log. Station WHBX's transmitter is
       located at a remote site. At the time of the inspection, there was no
       equipment to allow station personnel to turn the transmitter off from
       the main studio. The station engineer stated that the equipment was
       taken out of service 2 . weeks prior to the inspection.  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 2002 until the 1st Quarter 2006 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 11.35(a) of the Rules requires all broadcast stations to
       ensure that EAS encoders, EAS decoders and Attention Signal generating
       and receiving equipment are installed and operational so that the
       monitoring and transmitting functions are available during the times
       the station is in operation. Broadcast stations must also determine
       the cause of any failure to receive required monthly and weekly EAS
       tests, and must indicate in the station's log why any required tests
       were not received and when defective equipment is removed and restored
       to service. On April 15, 2006, station WHBX's EAS equipment appeared
       to be installed properly, but the transmit function of its equipment
       was not operational when the station was in operation. The required
       EAS header and EOM codes were not transmitted over the air when a RWT
       was performed during the April 5, 2006 inspection. The station
       engineer who attempted to perform the RWT was familiar with the
       equipment and how to operate it, but he could not get the EAS
       equipment to transmit properly. The station failed to maintain a log
       stating when required EAS tests were conducted or when the EAS
       equipment was no longer able to transmit a test. There was also no
       evidence that the station transmitted a required weekly or monthly EAS
       tests after August 25, 2004. Although the station engineer was
       surprised that the RWT conducted during the inspection failed, if the
       station had maintained an EAS log or reviewed the printed test
       receipts, the station engineer would have been aware the station's EAS
       equipment was unable to transmit an EAS test.

    5. 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 WHBX's transmitter is located at a remote site more
       than 5 minutes travel time away from the remote control point. There
       was no equipment installed at the transmitter site that would allow
       personnel located at the studio to control the transmitter. The
       station engineer admitted that the equipment had been taken out of
       service approximately 2 . weeks prior to the inspection on April 5,
       2006. There was no log to reflect when the equipment had been removed.
       On April 5, 2006, there was no capability to turn the transmitter off
       remotely during a time the station was in operation. Rama admitted
       that this capability was not available for approximately 2 . weeks
       prior to April 5, 2006.

    6. 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 5,
       2006, in response to a request made to inspect the station's public
       file during normal business hours, station WHBX 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.

    7. Based on the evidence before us, we find that Cumulus  apparently
       willfully violated Section 73.3526 of the Rules by failing to make
       available a complete public inspection file. Based on the evidence
       before us, we also find that Cumulus apparently willfully and
       repeatedly violated Sections 11.35(a) and 73.1350(b)(2) of the Rules
       by failing to maintain an EAS capable of transmitting EAS tests and
       failing to maintain a control system that provides personnel the
       capability to continuously control the transmitter.

    8. 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 EAS equipment not being
       installed or operational is $8,000, 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  $15,000 forfeiture.

   IV. ORDERING CLAUSES

    9. 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 fifteen thousand
   dollars ($15,000) for violations of Sections 11.35(a), 73.1350(b)(2) and
   73.3526  of the Rules.

   10. 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.

   11. 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.

   12. 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.

   13. 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.

   14. 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.

   15. 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. S 73.3526.

   47 C.F.R. SS 11.35(a), 73.1350(b)(2).

   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 11.35(b).

   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, 11.35(a),
   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