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                                   Before the

                       Federal Communications Commission

   Washington, D.C. 20554


                                   )                               
     In the Matter of                                              
                                   )                               
     Cumulus Licensing Corp.           File No. EB-03-AT-077       
                                   )                               
     Owner of Antenna Structures       NAL/Acct. No. 200332480025  
                                   )                               
     #1052722 and #1052724             FRN: 0005-2603-77           
                                   )                               
     near Savannah, Georgia                                        
                                   )                               


                          MEMORANDUM OPINION AND ORDER

   Adopted: March 17, 2008 Released: March 17, 2008

   By the Commission:

   I. introduction

    1. By this Memorandum Opinion and Order ("Order"), we deny an Application
       for Review filed on March 6, 2006, by Cumulus Licensing Corporation
       ("Cumulus"), owner of antenna structures, registration numbers 1052722
       and 1052724, near Savannah, Georgia, of the Enforcement Bureau's
       Memorandum Opinion and Order, released February 2, 2006. The MO&O
       denied Cumulus' Petition for Reconsideration of an Enforcement Bureau
       Forfeiture Order,  released December 28, 2004, which found Cumulus
       liable for a forfeiture in the amount of ten thousand dollars
       ($10,000) for willful and repeated violation of Section 17.50 of the
       Commission's Rules ("Rules"). The noted violation involves the failure
       of Cumulus to clean and repaint its antenna structures to maintain
       good visibility.

   II. Background

    2. On March 26, 1998, Cumulus acquired the subject antenna structures
       associated with AM radio station WBMQ, Savannah, Georgia.
       Approximately three years and five months later, on August 22, 2001,
       an agent from the Enforcement Bureau's Atlanta, Georgia Field Office
       ("Atlanta Office") inspected the subject antenna structures and found
       that the paint was badly faded and peeling, greatly reducing the
       structures' visibility. On September 19, 2001, the Atlanta Office
       issued a Notice of Violation ("NOV") to Cumulus, noting, among other
       things,  a violation of Section 17.50 of the Rules. On October 15,
       2001, Cumulus responded that it was acquiring bids to repaint the
       structures and anticipated that the towers would be painted by
       December 31, 2001.

    3. On October 18, 2001, the Atlanta Office issued a Continuation of
       Notice of Violation requesting a status report on the antenna
       structure repainting. In its response dated January 9, 2002, Cumulus
       replied that it would decide no later than January 31, 2002, whether
       to repaint or replace the towers. On February 4, 2002, Cumulus
       submitted an additional reply to the Atlanta Office stating that it
       planned to replace the structures by June or July of 2002. On July 31,
       2002, Cumulus submitted another reply stating that it planned to
       relocate the transmitter site for WBMQ to another of its towers in
       Savannah, Georgia, after which it would dismantle the antenna
       structures.

    4. On March 18 and 19, 2003, approximately 18 months after issuing the
       NOV, an agent from the Atlanta Office re-inspected the antenna towers,
       and determined that the structures remained unpainted and that the
       orange and white aviation bands were not distinguishable at a distance
       of one-half mile. On May 27, 2003, the Atlanta Office issued Cumulus a
       Notice of Apparent Liability for Forfeiture  proposing a forfeiture in
       the amount of $10,000 for apparent willful and repeated violation of
       Section 17.50 of the Rules. In its August 1, 2003, Response to the NAL
       ("Response"), Cumulus did not contest the violation, but sought a
       downward adjustment of the forfeiture amount due to an overall history
       of compliance. Cumulus also sought a reduction of the proposed
       forfeiture amount based on its efforts to solve the problem once it
       received notice of the violation from the Atlanta Office. Cumulus
       described the remedial steps it had taken to date to cure the
       violation and the difficulties posed by the towers being located in
       protected wetlands. Cumulus stated that it solicited bids from three
       tower companies, but each determined that the towers were unsafe to
       climb and further, one company reported that the towers should be
       condemned. Cumulus also explained that the Army Corps of Engineers,
       which is responsible for protecting the wetlands, was concerned that
       scrapings of the lead paint would fall into the wetlands and could
       harm its inhabitants. Cumulus claimed that it then decided to
       dismantle the towers and replace them, but the "considerable cost" of
       erecting new towers in the place of the dismantled towers was
       "prohibitive." Finally, Cumulus stated that it planned to move the
       transmitter site of WBMQ to its nearby station.

    5. On December 28, 2004, the Enforcement Bureau released a Forfeiture
       Order finding Cumulus liable for a monetary forfeiture in the amount
       of $10,000 for willful and repeated violation of Section 17.50 of the
       Rules. The Enforcement Bureau determined that Cumulus' efforts to cure
       the violation were remedial as they were initiated in response to
       Commission notification, and concluded, that consistent with precedent
       that the remedial or corrective action did not mitigate the forfeiture
       at issue. Moreover, the Enforcement Bureau denied Cumulus' claim of a
       history of overall compliance based on evidence of numerous violations
       connected with the operation and maintenance of its other stations.

    6. On January 27, 2005, Cumulus filed a Petition for Reconsideration of
       the Forfeiture Order. Again, not disputing the violation, Cumulus
       asserted that it was "still not legally able to dismantle the towers,"
       explaining that doing so would lead to severe monetary penalties from
       other government agencies, and sought a reduction in the forfeiture
       amount due to the "exceptional circumstances" it continued to
       encounter in attempting to comply with the Rules. Cumulus stated that
       although it was making "every effort to comply" with the Rules, it had
       experienced setbacks and delays due to approvals needed from a variety
       of governmental agencies before dismantling the towers. For example,
       Cumulus explained that the absence of a central authority to specify
       the requirements for dismantling the towers had resulted in a series
       of delays. Cumulus argued that often, once it met the specific
       requirements of one agency, "another agency impose[d] different and
       sometimes conflicting requirements." Cumulus also discussed some of
       the "substantial progress" it had made toward dismantling the towers:
       (1) consulting with the relevant governmental agencies and obtaining
       some of the required regulatory approvals, (2) hiring consultants to
       evaluate environmental and safety issues and recommend the best
       approach to dismantling the towers and (3) contracting a construction
       company to oversee the demolition. Cumulus explained that it had
       obtained certain environmental agency approvals concerning protected
       species, filed applications for approvals to dismantle the towers and
       would continue to update the Commission on its progress in curing the
       violation. On August 3, 2005, Cumulus informed the Enforcement Bureau
       that it had completed demolition of the subject towers on July 22,
       2005 - over seven years after acquiring the towers, and almost four
       years after receiving the NOV.

    7. On February 2, 2006, the Enforcement Bureau issued an MO&O denying
       Cumulus' Petition for Reconsideration. The Enforcement Bureau
       determined, as it had in the Forfeiture Order, that Cumulus delayed
       taking any steps to comply with the rules until it received notice of
       the violation from the Atlanta Office on September 19, 2001,
       approximately three years and six months after acquiring the antenna
       structures. In the MO&O, the Enforcement Bureau  reiterated the
       determination of the Forfeiture Order - that the Commission has
       consistently found that "corrective action taken to come into
       compliance with Commission rules or policy is expected, and does not
       nullify or mitigate any prior forfeitures or violations." The
       Enforcement Bureau stated that Cumulus could not carve out an
       exception to the Commission's long-held determination that remedial
       measures do not mitigate a Rule violation, even when the cure is
       complicated, takes time and great expense. The Enforcement Bureau
       determined, as it did in its previous orders, that "Cumulus should
       have known of, and acted on, the lack of paint on the towers prior to
       or immediately upon the March 26, 1998, purchase of the station and
       associated towers."

    8. In its Application for Review, Cumulus again does not dispute the
       Enforcement Bureau's findings that its towers were in violation of the
       tower painting rules. However, Cumulus reiterates that the Enforcement
       Bureau has not given "adequate consideration" to the "exceptional
       circumstances" it faced to "cure this violation," and argues that
       these circumstances warrant a reduction in the forfeiture amount "for
       such matters as justice may require." In addition, Cumulus again seeks
       a downward adjustment of the forfeiture amount for overall compliance
       with the rules, a request which was previously denied. Cumulus argues
       that as an owner of more than 260 stations, its "numerous" violations
       relative to its size, are very small, and that "it is unfair to
       portray Cumulus as an entity that does not respect Commission rules."

    9. The forfeiture amount in this case was assessed in accordance with
       Section 503(b) of the Act, Section 1.80 of the Rules, and The
       Commission's Forfeiture Policy Statement and Amendment of Section 1.80
       of the Rules to Incorporate the Forfeiture Guidelines. In examining
       Cumulus' Application for Review, Section 503(b) of the Act requires
       that the Commission take into account the nature, circumstances,
       extent and gravity of the violation and, with respect to the violator,
       the degree of culpability, any history of prior offenses, ability to
       pay, and any other "such matters as justice may require."

   III. DISCUSSION

          A. Tower Painting Violation

   10. Background. Section 303(q) of the Act grants the Commission authority
       to oversee antenna structure painting requirements. Section 303(q) of
       the Act is codified in Part 17 of the Rules. Section 17.50 of the
       Rules states that antenna structures requiring painting must be
       cleaned or repainted as often as necessary to maintain good
       visibility. The Commission has consistently stressed the importance of
       compliance with antenna structure rules because of the potential
       danger to air navigation. The Commission has established a $10,000
       base forfeiture for violations of its antenna structure painting and
       lighting requirements.

   11. Discussion. For the reasons provided below, we conclude that Cumulus'
       remedial efforts to bring the tower into compliance do not mitigate
       its forfeiture for willful and repeated violation of Section 17.50. As
       an initial matter, the record shows that Cumulus has never disputed
       the Commission's finding that the antenna structures violated Section
       17.50 of the Rules. On the one hand, Cumulus states that it "is not
       trying to avoid paying a $10,000 fine." On the other hand,
       paradoxically, Cumulus seeks a downward adjustment of the forfeiture
       amount on the basis of "such other matters as justice may require,"
       claiming that the Enforcement Bureau did not "adequately recognize the
       elaborate remedial efforts performed by Cumulus" to bring the towers
       into compliance with the rules.  We disagree. Throughout this
       proceeding, we have acknowledged Cumulus' remedial efforts. Simply
       stated, however, Cumulus did not initiate a cure for the violation or
       condition of the tower until after it was put on notice by the
       Commission. It is well established that "corrective action taken to
       come into compliance with Commission rules or policy is expected, and
       does not nullify or mitigate any prior forfeitures or violations."
       Thus, Cumulus is not entitled to a downward adjustment for these
       efforts.

   12. Cumulus, which purchased the station and towers on March 26, 1998,
       admits that it knew that the towers were in bad repair, but claims
       that it did not know at that time that the towers could not be brought
       into compliance with the tower painting rules.  The point is
       unavailing. Cumulus did not do anything before the inspection, to
       determine whether the towers could be brought into compliance -
       through repainting or otherwise. Had Cumulus done so, it would have
       learned, as it did following the inspection, that the towers could not
       be painted. Cumulus approached three tower painting companies. Each
       determined that the towers were unsafe to climb -- one company
       reported that the towers should be condemned. Had Cumulus attempted to
       address the condition of the towers prior to receiving Commission
       notice through the issuance of the NOV, a justification to downwardly
       adjust the forfeiture amount may arguably have been presented. An
       after-the-fact determination by Cumulus that it could not have cured
       the violation through repainting, either before or after issuance of
       the NOV, is not a mitigating factor to support a reduction of the
       forfeiture amount. There is no record of any efforts by Cumulus to
       address the towers' condition prior to notification of the violation.
       Absent such showing, we concur with the Enforcement Bureau's
       determination that Cumulus should have known of, and acted on, the
       tower violation prior to or immediately upon its purchase of the
       station and associated towers.

   13. Cumulus also argues that the tower painting violation could not be
       cured by painting the towers, but rather required dismantling. To the
       extent that Cumulus attempts to argue for mitigation because it could
       not cure the tower violation by painting the towers, it is misguided.
       What Cumulus fails to acknowledge is that the remedy for violating the
       Commission's tower painting rules is to bring the towers into
       compliance with those rules, by whatever means necessary. The remedy
       for the tower painting violation in this instance was to dismantle
       them. Cumulus deserves no credit for ultimately doing that which had
       to be done.

   14. Cumulus next claims that the time it takes to cure a violation should
       be a deciding factor in determining what constitutes exceptional
       circumstances. Cumulus argues that in Tower Properties of Florida,
       Inc. ("Tower"),  the Enforcement Bureau did not find that a delay of a
       few weeks constituted exceptional circumstances warranting a downward
       adjustment of the forfeiture amount, but that a delay of four years
       should. Cumulus misses the point. In Tower, the Enforcement Bureau
       flatly rejected any notion of time as a mitigating factor in
       post-notice efforts to cure a tower painting violation, stating that
       time had "no bearing on the subject forfeiture."  In Tower, the cure
       took approximately three months. In the instant case, the cure took
       over four years. Tower Properties and Cumulus both initiated curative
       measures after being notified by the Commission of a tower painting
       violation. As previously explained, in Tower as here, unforeseen and
       unavoidable circumstances resulting in a delay of any duration
       encountered after Commission notification of a violation are not
       deemed mitigating factors warranting a downward adjustment of the
       forfeiture amount.

     A. History of Compliance

   15. Background. Section 1.80 of the Rules contains criteria for downwardly
       adjusting forfeiture amounts that are determined in accordance with
       Section 503 of the Act. One such criterion is a history of overall
       compliance with the Commission's Rules. Forfeiture amounts have been
       downwardly adjusted in cases where Commission licensees or regulatees
       claim, and agency records (including Commission, Bureau and Field
       Office decisions) confirm, a history of overall compliance with the
       requirements of the Act and the Rules.

   16. Discussion. We conclude that the record does not support a downward
       adjustment of the forfeiture based on a history of overall compliance
       with the Commission's Rules. In the Application for Review, Cumulus
       again seeks a downward adjustment of the forfeiture amount due to a
       history of compliance. Cumulus argues that although it owns more than
       260 stations and has "numerous violations," the number of violations
       is comparatively very small. Our records for Cumulus provide that a
       number of the Enforcement actions noted in its enforcement history are
       for violations of the Commission's tower painting rules. Accordingly,
       based on these noted previous tower violations by Cumulus, we do not
       believe that a history of compliance reduction would be appropriate.
       Cumulus also argues that "it is unfair to portray it as an entity that
       does not respect the Commission's rules." Cumulus mischaracterizes the
       Commission's decision not to downwardly adjust the forfeiture amount
       on the basis of a history of compliance with the rules. Cumulus is not
       being punished for these other rule violations; rather, the Commission
       simply finds that these violations preclude mitigation of the
       forfeiture amount on the basis of a history of overall compliance.

     A. Conclusion

   17. We have examined Cumulus' Application for Review pursuant to the
       statutory factors above and in conjunction with the Forfeiture Policy
       Statement as well. As a result of our review, we affirm the MO&O's 
       conclusion that Cumulus willfully and repeatedly violated Section
       17.50 of the Rules and that it is not entitled to a reduction in the
       assessed forfeiture amount.

   IV. ORDERING CLAUSES

   18. ACCORDINGLY, IT IS ORDERED  that, pursuant to Section 1.115 of the
       Rules, the Application for Review filed by filed by Cumulus Licensing
       Corporation of the Enforcement Bureau's Memorandum Opinion and Order
       IS DENIED.

   19. IT IS ALSO ORDERED THAT, pursuant to Section 503(b) of the Act and
       Section 1.80(f)(4) of the Rules, Cumulus Licensing Corporation IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars
       ($10,000) for willful and repeated violation of Section 17.50 of the
       Rules.

   20. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
       When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to: Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C. 20554. Please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures.

   21. IT IS FURTHER ORDERED THAT a copy of this Order shall be sent by first
       class mail and certified mail, return receipt requested, to Cumulus
       Media Inc., 111 East Kilbourn Avenue, Suite 2700, Milwaukee,
       Wisconsin, 53202, and its Counsel, Mark N. Lipp, Wiley Rein LLP, 1776
       K Street NW, Washington, DC 20006.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

   Cumulus Licensing Corp., Memorandum Opinion and Order, 21 FCC Rcd 1032
   (Enf. Bur. 2006) ("MO&O").

   Cumulus Licensing Corp., Forfeiture Order, 19 FCC Rcd 24815 (Enf. Bur.
   2004) ("Forfeiture Order").

   47 C.F.R. S: 17.50.

   Cumulus Licensing Corp., Notice of Apparent Liability for Forfeiture,
   NAL/Acct. No. 200332480025 (Enf. Bur., Atlanta Office, released May 27,
   2003) ("NAL").

   Section 312(f)(1) of the Communications Act of 1934, as amended ("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,' . . . 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 . .
   . ." The Conference Report for Section 312(f)(1) of the Act indicates that
   Congress intended to apply this definition to Section 503 of the Act as
   well as Section 312 of the Act. See H.R. Rep. 97th Cong. 2d Sess. 51
   (1982);  see Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4388 (1991), recon. denied, Memorandum Opinion and
   Order, 7 FCC Rcd. 3454 (1992) ("Southern California Broadcasting") and
   Western Wireless Corporation, Notice of Apparent Liability for Forfeiture,
   18 FCC Rcd 10319, 10326 n.56 (2003) ("Western Wireless").

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that a violation is "repeated" if it continues for more than
   one day. The Conference Report for Section 312(f)(2) of the Act indicates
   that Congress intended to apply this definition to Section 503 of the Act
   as well as Section 312 of the Act. See H.R. Rep. 97th Cong. 2d Sess. 51
   (1982). See Southern California Broadcasting, 6 FCC Rcd at 4388 and
   Western Wireless, 18 FCC Rcd at 10326 n.56.

   Response at 5.

   Id. at 4.

   Id. at 2.

   Id. at 3.

   Forfeiture Order, 19 FCC Rcd at 24818 citing AT&T Wireless Services, Inc.,
   Forfeiture Order, 17 FCC Rcd 21866, 21871 (2002) ("AT&T Wireless")
   (remedial action to correct tower painting violation was not a mitigating
   factor warranting reduction of forfeiture); Seawest Yacht Brokers,
   Forfeiture Order, 9 FCC Rcd 6099 (1994) ("Seawest") (corrective action
   taken to comply with the Rules is expected, and does not mitigate any
   prior forfeitures or violations). See TCI Cablevision of Maryland,
   Memorandum Opinion and Order, 7 FCC Rcd 6013, 6014 (1992) (basing
   mitigation of a forfeiture upon corrective action taken subsequent to the
   misconduct upon which liability is based would tend to encourage remedial
   rather than preventive action); KGVL, Inc., Memorandum Opinion and Order,
   42 FCC 2d 258, 259 (1973) (licensees not excused for past violations by
   reason of subsequent corrective action).

   Forfeiture Order, 19 FCC Rcd at 24818.

   Petition for Reconsideration at 3. Cumulus stated that it was required to
   obtain authorization from the Army Corps of Engineers prior to dismantling
   the towers, and that to do so without such approval could potentially
   subject Cumulus to a liability of over $100,000.

   Id. at 4.

   Id. at 3. Cumulus asserted that this process involved, among other things,
   measuring the lead in the top soil to determine the extent of the lead
   clean up once the towers were dismantled.

   Petition for Reconsideration at 3. Cumulus submitted a partial list of the
   governmental agencies involved in the antenna tower demolition approval
   process: the Environmental Protection Agency, Federal Aviation
   Administration, U.S. Fish and Wildlife Service, U.S. Army Corps of
   Engineers, Georgia Department of Natural Resources and the Chatham County
   Department of Building Safety & Regulatory Services.

   Cumulus Licensing Corp., Final Progress Report at 1 (Aug. 3, 2005).

   MO&O, 21 FCC Rcd at 1035 citing Forfeiture Order, 19 FCC Rcd 24817.

   MO&O, 21 FCC Rcd at 1035 citing Forfeiture Order, 19 FCC Rcd at 24818
   citing AT&T Wireless, 17 FCC Rcd at 21871; Seawest, 9 FCC Rcd at 6099.

   MO&O, 21 FCC Rcd at 1035.

   Id. citing Forfeiture Order, 19 FCC Rcd at 24817-18.

   Application for Review at 6.

   Id. at 2.

   Id. at 8 citing 47 U.S.C. S:503(b)(2)(E).

   Forfeiture Order, 19 FCC Rcd at 24818.

   Application for Review at 7.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997), recon. denied, Memorandum Opinion and Order, 15
   FCC Rcd 303 (1999) ("Forfeiture Policy Statement ").

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 303(q).

   See SpectraSite Communications, Notice of Apparent Liability for
   Forfeiture, 18 FCC Rcd 22799 (2002) (stressing the importance of
   compliance with antenna structure rules in light of air safety
   considerations); see AT&T Wireless, 17 FCC Rcd at 21870 (stressing the
   importance of compliance with antenna structure rules in light of air
   safety considerations).

   Application for Review at 7.

   Id. At 8.

   Id. at 6.

   MO&O, 21 FCC Rcd at 1035 citing Forfeiture Order, 19 FCC Rcd at 24818
   citing AT&T Wireless, 17 FCC Rcd at 21871; Seawest, 9 FCC Rcd at 6099.

   Application for Review at 7.

   Response at 2.

   See A-O Broadcasting Corporation, Memorandum Opinion and Order, 20 FCC Rcd
   756, 761 (2005) ("A-O Broadcasting") (because licensee showed good faith
   by obtaining EAS equipment and starting constructing a main studio before
   the inspection, the forfeiture was reduced); Radio One Licenses, Inc.,
   Memorandum Opinion and Order, 18 FCC Rcd 15964, 15965 P: 4 (2003), recon.
   denied, Memorandum Opinion and Order, 18 FCC Rcd 25481 (2003) (reducing a
   forfeiture from $9,200 to $8,000 for EAS violations because the licensee
   had identified the problems and had ordered replacement equipment prior to
   the Field Office's on-site inspection).

   Post-notification remedial efforts cannot mitigate the effects of a
   violation that results in the issuance of forfeiture. See Sutro
   Broadcasting Corporation, 19 FCC Rcd 15274, 15277 (2004) (stating that the
   Commission will generally reduce the assessed forfeiture amount "based on
   the good faith corrective efforts of a violator when those actions were
   taken prior to Commission notification of the violation") (emphasis
   added); CB Radio, Inc., Memorandum Opinion and Order, 22 FCC Rcd 8836,
   8839-40 (2007) (noting that "it is well established that
   post-investigational efforts to correct a violation do not mitigate the
   forfeiture or warrant a reduction in the assessed forfeiture amount"),
   recon pending. However, post-notification remedial efforts may be relevant
   in determining the ultimate severity of any further or future enforcement
   action. Thus, for instance, a licensee that takes minimal steps to remedy
   a violation post-notification could receive an NAL that is significantly
   higher (by way of an upward adjustment) than a licensee that takes
   substantial steps to come into compliance as quickly as possible --
   although neither licensee can reduce its forfeiture liability for its
   pre-notification violation.

   MO&O, 21 FCC Rcd at 1035 citing Forfeiture Order, 19 FCC Rcd at 24816.

   Cumulus seems to ignore that the condition of its towers represented a
   significant potential hazard to air navigation. We note that if the
   Commission were to take no action after observing the non-compliant
   condition of the towers, the Commission would be failing to meet its
   responsibilities for assisting in air navigation safety.

   Tower Properties of Florida, Inc., Forfeiture Order, 18 FCC Rcd 26094,
   26096 (Enf. Bur. 2003) ("Tower") (once notified by the Commission of a
   tower painting violation, subsequent unforeseen and unavoidable
   circumstances which allegedly caused a delay in remedial efforts to comply
   with the rules were not deemed mitigating factors and had no bearing on
   the subject forfeiture).

   Application for Review at 8.

   Tower, 18 FCC Rcd at 26096.

   MO&O, 21 FCC Rcd at 1035 citing Tower, 18 FCC Rcd at 26096.

   Cumulus first sought a downward adjustment of the forfeiture amount on the
   basis of a history of compliance in its Response to the NAL. The Bureau
   Forfeiture Order denied the request for the downward adjustment based on
   evidence of numerous violations by Cumulus connected with the operation
   and maintenance of its other stations. See Forfeiture Order, 19 FCC Rcd at
   24818. Cumulus did not request a history of compliance reduction in its
   Petition for Reconsideration of the Forfeiture Order.

   Application for Review at 7.

   Id.

   47 CFR S: 1.115.

   47 C.F.R. S: 1.80(f)(4).

   (...continued from previous page)

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