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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 by check or
money order may be mailed to Federal
Communications Commission, P.O.
Box 358340, Pittsburgh, PA 15251-8340.
Payment by overnight mail may be sent
to Mellon Bank /LB 358340, 500 Ross
Street, Room 1540670, Pittsburgh, PA
15251. Payment by wire transfer may
be made to ABA Number 043000261,
receiving bank Mellon Bank, and account
number 911-6106. 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.