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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
                                 )
Maria L. Salazar                 )       File Number: EB-05-KC-024
                                 )
Licensee of Station KTCM         )      NAL/Acct. No. 200532560003
Kingman, Kansas                  )
Facility ID # 1137               )                  FRN 0009498346



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                              Released: August 3, 
                                                             2005

By the District Director, Kansas City Office, South Central 
Region, Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 (``NAL''), we find that Maria L. Salazar, licensee of station 
 KTCM, in Kingman, Kansas, apparently willfully and repeatedly 
 violated Section 11.35(a) of the Commission's Rules 
 (``Rules'')1 by failing to maintain operational emergency alert 
 system (``EAS'') equipment and apparently willfully violated 
 Section 73.3526(e) of the Rules2 by failing to maintain a 
 complete public inspection file.  We conclude, pursuant to 
 Section 503(b) of the Communications Act of 1934, as amended 
 ("Act"),3 that Ms. Salazar is apparently liable for a 
 forfeiture in the amount of ten thousand dollars ($10,000).

II.  BACKGROUND

     2.   On March 17, 2005, an agent from the Kansas City Office 
inspected station KTCM's public file and EAS installation in 
Kingman, Kansas.  Though installed and turned on, the agent 
determined that the station's Sage Endec EAS unit was connected 
to a radio receiver that was turned off and therefore was not 
monitoring any stations. The operator on duty was unable to 
produce any EAS logs or tapes, instructions for conducting EAS 
tests, or an EAS handbook.  The operator on duty was unable to 
send an EAS test when requested to do so.

     3.   On March 17, 2005, the public file contained only blank 
forms for Equal Employment Opportunity (``EEO'') reporting, even 
though the station submitted a FCC Form 396 (Broadcast Equal 
Employment Opportunity Report) on January 25, 2005.  The public 
file did not contain any local public notice announcement 
certifications, even though the station submitted a FCC Form 303-
S (Application for renewal of broadcast station license) on 
January 20, 2005.  

     4.   On April 6, 2005, the agent contacted via telephone the 
station manager for KTCM.  The station manager stated he did not 
know why the receiver was turned off and did not know of any 
other receivers to monitor EAS sources at the station.  

III.      DISCUSSION

     5.   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.4  The term 
``repeated'' means the commission or omission of such act more 
than once or for more than one day.5

     6.   Section 11.35(a) of the Rules states that broadcast 
stations are responsible for ensuring that EAS equipment is 
installed ``so that the monitoring and transmitting functions are 
available during the times the station and systems are in 
operation.''  Section 11.52(d) of the Rules states that broadcast 
stations must monitor two EAS sources.6  On March 17, 2005, 
station KTCM's only receiver attached to its EAS unit was turned 
off.  Thus, its EAS unit was incapable of monitoring either of 
its two assigned EAS sources.  Its EAS unit also could not 
transmit the required EAS messages, because it could not receive 
any messages.  The operator on duty could not operate the 
station's EAS equipment.  The station manager did not know when 
the receiver was turned off.  The station was unable to provide 
any evidence that any required weekly or monthly EAS tests were 
conducted after the engineer installed the equipment over three 
years ago.  

     7.   Section 73.3526 of the Rules states that broadcast 
licensees must maintain public inspection files at their main 
studios.7  Section 73.3526(e) of the Rules specifies the content 
that must be retained in the public inspection file.  Section 
73.3526(e)(7) of the Rules states that a public file must contain 
EEO information required to be kept pursuant to Section 73.2080 
until final action has been taken on the station's next license 
renewal application.8  Section 73.2080 of the Rules requires a 
broadcast licensee to retain a copy of FCC Form 396 (Broadcast 
Equal Employment Opportunity Program Report) in its public 
inspection file.9  Section 73.3526(e)(13) of the Rules states 
that a public file must contain a statement certifying compliance 
with public notice announcement requirements.  That statement 
must include the dates and times that the pre-filing and post-
filing notices were broadcast and the text thereof and must be 
retained in the public file until final action on the most recent 
license renewal application is taken. On March 17, 2005, an agent 
requested to inspect station KTCM's public file.  The public file 
provided to the agent was missing a completed FCC Form 396 and a 
public notice announcement certification.  Station KTCM submitted 
a license renewal application on January 20, 2005, however, the 
application has not yet been granted.

     8.   Based on the evidence before us, we find that Ms. 
Salazar apparently willfully and repeatedly violated Section 
11.35(a) of the Rules by failing to maintain operational EAS 
equipment and apparently willfully violated Section 73.3526(e) of 
the Rules by failing to maintain a complete public inspection 
file.

     9.   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 EAS equipment not installed or operational is $8,000, 
and the base forfeiture amount for violation of public file rules 
is $10,000.10  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.11   Because station KTCM's public inspection 
file was partially complete, we conclude a reduction from the 
base forfeiture amount to $2,000 is appropriate.  Applying the 
Forfeiture Policy Statement, Section 1.80, and the statutory 
factors to the instant case, we conclude that Ms. Salazar is 
apparently liable for a $10,000 forfeiture.
  
IV.  ORDERING CLAUSES

     10.       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, 
Maria L. Salazar is hereby NOTIFIED of this APPARENT LIABILITY 
FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) 
for violations of Sections 11.35(a) and 73.3526(e) of the 
Rules.12  

     11.       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, Maria 
L. Salazar SHALL PAY the full amount of the proposed forfeiture 
or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

     12.       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 bycheck or 
money order may be mailed to Federal Communications Commission, 
P.O. Box358340,Pittsburgh, PA 15251-8340. Payment by overnight 
mail may be sent toMellon Bank/LB358340,500 Ross Street, Room 
1540670, Pittsburgh, PA 15251. Payment by wire transfer may be 
made to ABA Number043000261, receiving bankMellon Bank, and 
account number911-6106.  

     13.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, South Central 
Region, Kansas City Office, 520 NE Colbern Road, Second Floor, 
Lee's Summit, Missouri, 64086-4711 and must include the NAL/Acct. 
No. referenced in the caption.  

     14.       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.  

     15.       Requests for payment of the full amount of this 
Notice of Apparent Liability for Forfeiture under an installment 
plan should be sent to: Chief, Revenue and Receivables Operations 
Group, 445 12th Street, S.W., Washington, D.C. 20554.

     16.  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 Maria L. 
Salazar at her address of record. 

                              FEDERAL COMMUNICATIONS COMMISSION



                              Robert C. McKinney
                              District Director
                              Kansas City Office
                              South Central Region
                              Enforcement Bureau



_________________________

147 C.F.R.  11.35(a).
247 C.F.R.  73.3526(e).
347 U.S.C.  503(b).  
4Section 312(f)(1) of the Act, 47 U.S.C.  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).
5Section 312(f)(2) of the Act, 47 U.S.C.  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.''
647 C.F.R.  11.52(d).
7See 47 C.F.R.  73.3526(a), 73.3526(b).
847 C.F.R.  73.2526(e)(7). 
947 C.F.R.  73.2080. 
1012 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
1147 U.S.C.  503(b)(2)(D).
1247 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 0.314, 1.80, 
11.35(a), 73.3526(e).