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 Federal  Communications  Commission  FCC  05-  209 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Maria  L.  Salazar  Licensee,  Station  KTCM(  FM) 
 Kingman,  Kansas 


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 File  No.  EB-  02-  KC-  174  NAL/  Acct.  No.  200232560011 
 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  Act  6  and  Section  1.106 


 1  Petition  for  Reconsideration  (“  petition”)  (received  at  the  Commission  on  April  13,  2004). 
 2  Maria  L.  Salazar,  19  FCC  Rcd  5050  (2004)  (“  Order”). 
 3  47  U.  S.  C.  §  301,  47  C.  F.  R.  §  73.1350(  a). 
 4  47  U.  S.  C.  §  303(  q),  47  C.  F.  R.  §  17.51. 
 5  47  C.  F.  R.  §§  11.35(  a),  73.1125(  a)  and  73.3526. 
 6  47  U.  S.  C.  §  405. 
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 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 


 7  47  C.  F.  R.  §  1.106. 
 8  47  U.  S.  C.  §  504(  a). 
 9  See  47  C.  F.  R.  §  1.1914. 
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