*Pages 1--2 from Microsoft Word - 26903.doc* Federal Communications Commission FCC 03- 94 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. 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). 1 Federal Communications Commission FCC 03- 94 2 4. Payment of the forfeiture shall be made in the manner provided for in Section 1. 80 of the Rules 7 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. 13 th Street North, Wichita, Kansas 67203. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 7 47 C. F. R. § 1.80. 8 47 U. S. C. § 504( a). 9 See 47 C. F. R. § 1.1914. 2