*Pages 1--2 from  Microsoft Word - 43599.doc*
 Federal  Communications  Commission 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  )  File  No.  EB-  04-  NY-  257 
 Cumulus  Broadcasting,  LLC  )  ) 
 ASR  #  1045228  )  Located  in  Hartsdale,  NY  )  NOV  No.  V20053238006 
 )  Atlanta,  GA  ) 
 ) 


 NOTICE  OF  VIOLATION 
 Released:  October  27,  2004 
 By  the  District  Director,  New  York  Office,  Northeast  Region,  Enforcement  Bureau: 
 1.  This  is  a  Notice  of  Violation  ("  Notice")  issued  pursuant  to  Section  1.89  of  the  Commission’s  Rules,  1  to  Cumulus  Broadcasting,  LLC,  owner  of  antenna  structure  1045228. 


 2.  On  October  20,  2004,  an  agent  of  the  Commission’s  New  York  Office  inspected  the  antenna  structures,  ASR  #  1045228,  located  at  365  Secor  Road,  Hartsdale,  New  York  10530,  and 
 observed  the  following  violation: 
 a.  47  C.  F.  R.  §  17.57:  “…  The  owner  must  also  immediately  notify  the  Commission  using  FCC  Form  854  upon  any  change  in  structure  height  or 
 change  in  ownership  information.”  Cumulus  Broadcasting,  LLC  is  the  current  owner  of  antenna  structures  1045228.  However,  the  Antenna 
 Structure  Registration  for  the  tower  still  lists  the  owner  as  Aurora  of  Westchester,  LLC. 


 3.  Pursuant  to  Section  308(  b)  of  the  Communications  Act  of  1934,  as  amended,  2  and  Section  1.89  of  the  Commission's  Rules,  Cumulus  Broadcasting,  LLC  must  submit  a  written  statement 
 concerning  this  matter  within  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  with  personal  knowledge  of 
 the  matter.  All  replies  and  documentation  sent  in  response  to  this  Notice  should  be  marked  with  the  File 


 1  47  C.  F.  R.  §  1.89. 
 2  47  U.  S.  C.  §  308(  b). 
1
 Federal  Communications  Commission 
 2 
 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,  NY  10014 


 4.  This  Notice  shall  be  sent  to  Cumulus  Broadcasting  LLC,  14  Piedmont,  3535  Piedmont  Road,  Suite  1400,  Atlanta,  GA  30305,  Attn:  Legal  Department. 
 5.  The  Privacy  Act  of  1974  3  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.  4 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Daniel  W.  Noel  District  Director 
 New  York  Office 


 3  P.  L.  93-  579,  5  U.  S.  C.  §  552a(  e)(  3). 
 4  18  U.  S.  C.  §  1001  et  seq. 
2