Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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


In the Matter of                  )
                                 )
Maria L. Salazar                  )   File No. EB-02-KC-174
Licensee, Station KTCM(FM)        )   NAL/Acct. No. 200232560011
Kingman, Kansas                   )   FRN 0003-7578-12



                MEMORANDUM OPINION AND ORDER

Adopted:  December 9, 2005              Released:   December 
12, 2005

By the Commission:

                          1.  By this Memorandum Opinion and 
                     Order, we  grant in  part the  petition 
                     for   reconsideration   (``petition'')1 
                     filed    by     Maria    L.     Salazar 
                     (``Salazar''),  licensee   of   Station 
                     KTCM(FM), Kingman, Kansas and  owner of 
                     antenna  structure #  1057462,  of  the 
                     Memorandum    Opinion     and     Order 
                     (``Order'') released  March 16,  2004.2   
                     The Order found that  Salazar failed to 
                     operate as  authorized  in willful  and 
                     repeated violation  of  Section 301  of 
                     the  Communications  Act  of  1934,  as 
                     amended    (``Act'')     and    Section 
                     73.1350(a) of  the  Commission's  Rules 
                     (``Rules''),3   failed    to   maintain 
                     antenna structure  lighting in  willful 
                     and  repeated  violation   of  Sections 
                     303(q) of the Act and  Section 17.51 of 
                     the Rules,4 and  failed to  comply with 
                     the Emergency  Alert  System, the  main 
                     studio  and   the  public   information 
                     requirements in  willful  and  repeated 
                     violation   of    Sections    11.35(a), 
                     73.1125(a) and  73.3526 of  the Rules.5   
                     Based  on   the  findings,   the  Order 
                     assessed a forfeiture in  the amount of 
                     thirty-four thousand  dollars ($34,000) 
                     against Salazar.   
                          2.  In   her   petition,   Salazar 
                     provided new information  regarding her 
                     financial  condition.   Given  the  new 
                     information,  we   are   reducing   the 
                     forfeiture  amount   from  $34,000   to 
                     $15,500.  As  reduced,  the  forfeiture 
                     amount is well below  the $39,000 total 
                     of   the   base    forfeiture   amounts 
                     established for her multiple violations 
                     and thus we need  not address Salazar's 
                     additional    argument    that    minor 
                     differences  in   some   of  the   base 
                     forfeiture amounts render those amounts 
                     arbitrary and capricious.  Moreover, we 
                     find that $15,500  is not  an excessive 
                     forfeiture  given   the   gravity   and 
                     duration of the violations.   
                          3.  Accordingly,  IT   IS  ORDERED 
                     that, pursuant  to Section  405 of  the 
                     Act6 and Section  1.106 of  the Rules,7 
                     the Petition for  Reconsideration filed 
                     by Maria L. Salazar of the Commission's 
                     March 16, 2004 Order  for the NAL/Acct. 
                     referenced  above  IS  GRANTED  TO  THE 
                     EXTENT NOTED HEREIN.   
                          4.  Payment    of   the    $15,500 
                     forfeiture shall be made  in the manner 
                     provided for  in  Section  1.80 of  the 
                     Rules within 30 days of  the release of 
                     this Memorandum Opinion and  Order.  If 
                     the forfeiture is  not paid  within the 
                     period  specified,  the  case   may  be 
                     referred to  the Department  of Justice 
                     for  collection  pursuant   to  Section 
                     504(a) of  the  Act.8   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.   Requests   for  full 
                     payment  under   an  installment   plan 
                     should be sent to:   Chief, Revenue and 
                     Receivables Operations Group,  445 12th 
                     Street, S.W., Washington, D.C. 20554.9
                          5.  IT IS  FURTHER ORDERED  that a 
                     copy  of this  Memorandum  Opinion  and 
                     Order shall be sent by  First Class and 
                     Certified Mail Return Receipt Requested 
                     to David  Tillotson, Esq.,  counsel for 
                     Maria L.  Salazar,  at 4606  Charleston 
                     Terrace, N.W., Washington,  D.C. 20007-
                     1911.
                              FEDERAL         COMMUNICATIONS 
COMMISSION


                              Marlene H. Dortch
                              Secretary


_________________________

1Petition for  Reconsideration (``petition'')  (received at 
the Commission on April 13, 2004). 

2Maria L. Salazar, 19 FCC Rcd 5050 (2004) (``Order'').

347 U.S.C.  301, 47 C.F.R.  73.1350(a). 

447 U.S.C.  303(q), 47 C.F.R.  17.51. 

547 C.F.R.  11.35(a), 73.1125(a) and 73.3526.

647 U.S.C.  405.

747 C.F.R.  1.106.

847 U.S.C.  504(a).

9See 47 C.F.R.  1.1914.