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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No.: EB-
02-KC-174
)
Maria L. Salazar ) NAL/Acct. No.
200232560011
Licensee, Station KTCM(FM) )
Kingman, Kansas ) FRN 0003-7578-
12
FORFEITURE ORDER
Adopted: April 17, 2003 Released: April 22, 2003
By the Commission:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of thirty-nine
thousand dollars ($39,000) to Maria L. Salazar,
licensee of Station KTCM(FM), Kingman, Kansas, and
owner of antenna structure number 1057462 near Spivey,
Kansas, for willful and repeated violation of Sections
301 and 303(q) of the Communications Act of 1934, as
amended (``Act''),1 and Sections 73.1350(a) and 17.51
of the Commission's Rules (``the Rules'').2 Ms.
Salazar is also liable for the willful violation of
Sections 11.35(a), 73.1125(a), and 73.3526 of the
Rules.3 Specifically, we find Ms. Salazar liable for
operating a radio station from an unauthorized
location; failing to maintain prescribed obstruction
lighting on antenna structure number 1057462; failing
to install and maintain Emergency Alert System
(``EAS'') equipment at station KTCM(FM); failing to
maintain a main studio at an authorized location; and
failing to maintain a public inspection file.
2. On July 18, 2002, the Commission issued a Notice of
Apparent Liability for Forfeiture (``NAL'')4 in the amount of
$39,000 to Ms. Salazar. Although Ms. Salazar received a copy of
the NAL, she has not filed a response. Based on the information
before us, we affirm the forfeiture. We also instruct the
Enforcement Bureau to do a follow-up investigation to determine
whether Ms. Salazar has come into compliance and, if she has not,
to take or recommend further enforcement action as appropriate,
including the possibility of initiating a license revocation
proceeding.
3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of
the Rules,6 Ms. Salazar IS LIABLE FOR A MONETARY FORFEITURE in
the amount of $39,000 for willfully and repeatedly violating
Sections 301 and 303(q) of the Act and Sections 73.1350(a) and
17.51 of the Rules and for willfully violating Sections 11.35(a),
73.1125(a), and 73.3526 of the Rules.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules7 within 30 days of the
release of this 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 shall be made by mailing a check or similar instrument,
payable to the order of the ``Federal Communications
Commission,'' to the Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note
NAL/Acct. No. 200232560011, and FRN 0003-7578-12. 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 this Order shall be
sent by regular mail and by certified mail, return receipt
requested, to Maria L. Salazar at 207 W. 13th Street North,
Wichita, Kansas 67203.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
_________________________
1 47 U.S.C. §§ 301 and 303(q).
2 47 C.F.R. §§ 73.1350(a) and 17.51.
3 47 C.F.R. 11.35(a), 73.1125(a), and 73.3526.
4 Maria L. Salazar, 17 FCC Rcd 14090 (2002).
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
7 47 C.F.R. § 1.80.
8 47 U.S.C. § 504(a).
9 See 47 C.F.R. § 1.1914.