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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cumulus Broadcasting, LLC ) File No. EB-08-DT-0097
Antenna Structure Registrant )
ASR# 1242890 ) NOV No. V200832360005
Jackson Township, Ohio )
)
)
NOTICE OF VIOLATION
Released: April 18, 2008
By the District Director, Detroit Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Cumulus Broadcasting, LLC, owner of
antenna structure # 1242890 in Jackson Township, Ohio.
2. On April 3, 2008, an agent of the Commission's Detroit Office
inspected antenna structure # 1242890 located in Jackson Township,
Ohio, and observed the following violation:
47. C.F.R. S: 17.51(a): "All red obstruction lighting shall be exhibited
from sunset to sunrise unless otherwise specified." According to the
Antenna Structure Registration for antenna structure # 1242890, the tower
is required to have red obstruction lighting after sunset. An hour and a
half after sunset, the agent observed that the tower lights had failed to
switch to the red obstruction lighting and instead the medium intensity
flashing white lights required during the daytime were still operating.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Cumulus Broadcasting, 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 an officer of
Cumulus Broadcasting, LLC 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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48335-1552
4. This Notice shall be sent to Cumulus Broadcasting, 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
James A. Bridgewater
District Director
Detroit District Office
Northeast Region
Enforcement Bureau
Cc: Cumulus Licensing LLC, Radio Station WRQK-FM, Canton, Ohio
47 C.F.R. S: 1.89.
47 U.S.C. S: 403
.
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