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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Cumulus Licensing LLC ) File No. EB-09-NY-0009

   Licensee of Radio Station WFAS(AM) )

   Facility ID # 14381 ) NOV No. V200932380018

   White Plains, New York )


                              NOTICE OF VIOLATION

   Released:  February 4,  2009

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

    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
       AM radio station WFAS in White Plains, New York.

    2. On January 13, 2009, an agent of the Commission's New York Office
       inspected AM station WFAS, located in White Plains, New York, and
       observed the following violations:

   a. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant

   records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time
   of inspection, the broadcast station records contained no entries
   documenting the reception of the weekly tests from the local primary
   (LP-1) station, WABC, New York, New York, for the period October 1, 2008,
   through October 18, 2008. The broadcast station records contained no
   reasons why the weekly tests were not received from station WABC during
   that period.

    b. 47 C.F.R. S:  73.1350(c)(2): "Monitoring equipment must be
       periodically calibrated so as to provide reliable indications of
       transmitter operating parameters with a known degree of accuracy."

   At the time of inspection, the antenna input current meter read 4.5
   amperes whereas the station authorization specifies an antenna input
   current to 3.65 amperes. The last calibration date on the antenna input
   current meter was March 1996.

    c. 47 C.F.R. S:  73.1870(c)(3): "Review of the station records [by the
       Chief Operator] at least once each week to determine if required
       entries are being made correctly... . Upon completion of the review,
       the chief operator or his designee must date and sign the log. . . ."
       At the time of inspection, the agent observed that the station logs
       for the month of December 2008 had not been signed by the chief

    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

   New York Office

   201 Varick Street, Suite 1151

   New York, New York 10014

    4. This Notice shall be sent to Cumulus Licensing LLC at its address of

    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.


   Daniel W. Noel

   District Director

   New York District Office

   Northeast 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


                       Federal Communications Commission