**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number: EB-05-KC-024       |
|                                  |   |                                 |
| Maria L. Salazar                 | ) | NAL/Acct. No. 200532560003      |
|                                  |   |                                 |
| Licensee of Station KTCM         | ) | FRN 0009498346                  |
|                                  |   |                                 |
| Kingman, Kansas                  | ) |                                 |
|                                  |   |                                 |
| Facility ID \# 1137              | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE {#notice-of-apparent-liability-for-forfeiture .unnumbered}

> Released: August 3, 2005

By the District Director, Kansas City Office, South Central Region,
Enforcement Bureau:

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("*NAL*"), we
    find that Maria L. Salazar, licensee of station KTCM, in Kingman,
    Kansas, apparently willfully and repeatedly violated Section
    11.35(a) of the Commission\'s Rules ("Rules")[^1] by failing to
    maintain operational emergency alert system ("EAS") equipment and
    apparently willfully violated Section 73.3526(e) of the Rules[^2] by
    failing to maintain a complete public inspection file. We conclude,
    pursuant to Section 503(b) of the Communications Act of 1934, as
    amended (\"Act\"),[^3] that Ms. Salazar is apparently liable for a
    forfeiture in the amount of ten thousand dollars (\$10,000).

# BACKGROUND

2\. On March 17, 2005, an agent from the Kansas City Office inspected
station KTCM's public file and EAS installation in Kingman, Kansas.
Though installed and turned on, the agent determined that the station's
Sage Endec EAS unit was connected to a radio receiver that was turned
off and therefore was not monitoring any stations. The operator on duty
was unable to produce any EAS logs or tapes, instructions for conducting
EAS tests, or an EAS handbook. The operator on duty was unable to send
an EAS test when requested to do so.

3\. On March 17, 2005, the public file contained only blank forms for
Equal Employment Opportunity ("EEO") reporting, even though the station
submitted a FCC Form 396 (Broadcast Equal Employment Opportunity Report)
on January 25, 2005. The public file did not contain any local public
notice announcement certifications, even though the station submitted a
FCC Form 303-S (Application for renewal of broadcast station license) on
January 20, 2005.

4\. On April 6, 2005, the agent contacted via telephone the station
manager for KTCM. The station manager stated he did not know why the
receiver was turned off and did not know of any other receivers to
monitor EAS sources at the station.

# DISCUSSION

5\. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation or order issued by
the Commission thereunder, shall be liable for a forfeiture penalty. The
term "willful" as used in Section 503(b) has been interpreted to mean
simply that the acts or omissions are committed knowingly.[^4] The term
"repeated" means the commission or omission of such act more than once
or for more than one day.[^5]

6\. Section 11.35(a) of the Rules states that broadcast stations are
responsible for ensuring that EAS equipment is installed "so that the
monitoring and transmitting functions are available during the times the
station and systems are in operation." Section 11.52(d) of the Rules
states that broadcast stations must monitor two EAS sources.[^6] On
March 17, 2005, station KTCM's only receiver attached to its EAS unit
was turned off. Thus, its EAS unit was incapable of monitoring either of
its two assigned EAS sources. Its EAS unit also could not transmit the
required EAS messages, because it could not receive any messages. The
operator on duty could not operate the station's EAS equipment. The
station manager did not know when the receiver was turned off. The
station was unable to provide any evidence that any required weekly or
monthly EAS tests were conducted after the engineer installed the
equipment over three years ago.

7\. Section 73.3526 of the Rules states that broadcast licensees must
maintain public inspection files at their main studios.[^7] Section
73.3526(e) of the Rules specifies the content that must be retained in
the public inspection file. Section 73.3526(e)(7) of the Rules states
that a public file must contain EEO information required to be kept
pursuant to Section 73.2080 until final action has been taken on the
station's next license renewal application.[^8] Section 73.2080 of the
Rules requires a broadcast licensee to retain a copy of FCC Form 396
(Broadcast Equal Employment Opportunity Program Report) in its public
inspection file.[^9] Section 73.3526(e)(13) of the Rules states that a
public file must contain a statement certifying compliance with public
notice announcement requirements. That statement must include the dates
and times that the pre-filing and post-filing notices were broadcast and
the text thereof and must be retained in the public file until final
action on the most recent license renewal application is taken. On March
17, 2005, an agent requested to inspect station KTCM's public file. The
public file provided to the agent was missing a completed FCC Form 396
and a public notice announcement certification. Station KTCM submitted a
license renewal application on January 20, 2005, however, the
application has not yet been granted.

8\. Based on the evidence before us, we find that Ms. Salazar apparently
willfully and repeatedly violated Section 11.35(a) of the Rules by
failing to maintain operational EAS equipment and apparently willfully
violated Section 73.3526(e) of the Rules by failing to maintain a
complete public inspection file.

9\. Pursuant to the Commission's Forfeiture Policy Statement and
Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines, ("Forfeiture Policy Statement"), and Section 1.80 of the
Rules, the base forfeiture amount for EAS equipment not installed or
operational is \$8,000, and the base forfeiture amount for violation of
public file rules is \$10,000.[^10] In assessing the monetary forfeiture
amount, we must also take into account the statutory factors set forth
in Section 503(b)(2)(D) of the Act, which include the nature,
circumstances, extent, and gravity of the violations, and with respect
to the violator, the degree of culpability, and history of prior
offenses, ability to pay, and other such matters as justice may
require.[^11] Because station KTCM's public inspection file was
partially complete, we conclude a reduction from the base forfeiture
amount to \$2,000 is appropriate. Applying the Forfeiture Policy
Statement, Section 1.80, and the statutory factors to the instant case,
we conclude that Ms. Salazar is apparently liable for a \$10,000
forfeiture.

# ORDERING CLAUSES

10\. Accordingly, **IT IS ORDERED** that, pursuant to Section 503(b) of
the Communications Act of 1934, as amended, and Sections 0.111, 0.311,
0.314 and 1.80 of the Commission\'s Rules, Maria L. Salazar is hereby
**NOTIFIED** of this **APPARENT LIABILITY FOR A FORFEITURE** in the
amount of ten thousand dollars (\$10,000) for violations of Sections
11.35(a) and 73.3526(e) of the Rules.[^12]

11\. **IT IS FURTHER ORDERED** that, pursuant to Section 1.80 of the
Commission's Rules within thirty days of the release date of this Notice
of Apparent Liability for Forfeiture, Maria L. Salazar **SHALL PAY** the
full amount of the proposed forfeiture or **SHALL FILE** a written
statement seeking reduction or cancellation of the proposed forfeiture.

12\. 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.

13\. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Kansas City
Office, 520 NE Colbern Road, Second Floor, Lee's Summit, Missouri,
64086-4711 and must include the NAL/Acct. No. referenced in the caption.

14\. The Commission will not consider reducing or canceling a forfeiture
in response to a claim of inability to pay unless the petitioner
submits: (1) federal tax returns for the most recent three-year period;
(2) financial statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable and objective
documentation that accurately reflects the petitioner's current
financial status. Any claim of inability to pay must specifically
identify the basis for the claim by reference to the financial
documentation submitted.

15\. Requests for payment of the full amount of this Notice of Apparent
Liability for Forfeiture under an installment plan should be sent to:
Chief, Revenue and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.

16\. **IT IS FURTHER ORDERED** that a copy of this Notice of Apparent
Liability for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, to Maria L. Salazar at her address of
record.

FEDERAL COMMUNICATIONS COMMISSION

Robert C. McKinney

District Director

Kansas City Office

South Central Region

Enforcement Bureau

[^1]: 47 C.F.R. § 11.35(a).

[^2]: 47 C.F.R. § 73.3526(e).

[^3]: 47 U.S.C. § 503(b).

[^4]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to violations for which forfeitures are assessed under Section
    503(b) of the Act, provides that \"\[t\]he term \'willful\', when
    used with reference to the commission or omission of any act, means
    the conscious and deliberate commission or omission of such act,
    irrespective of any intent to violate any provision of this Act or
    any rule or regulation of the Commission authorized by this
    Act....\" *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^5]: Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also
    applies to violations for which forfeitures are assessed under
    Section 503(b) of the Act, provides that \"\[t\]he term
    \'repeated\', when used with reference to the commission or omission
    of any act, means the commission or omission of such act more than
    once or, if such commission or omission is continuous, for more than
    one day."

[^6]: 47 C.F.R. § 11.52(d).

[^7]: *See* 47 C.F.R. §§ 73.3526(a), 73.3526(b).

[^8]: 47 C.F.R. § 73.2526(e)(7).

[^9]: 47 C.F.R. § 73.2080.

[^10]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^11]: 47 U.S.C. § 503(b)(2)(D).

[^12]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80,
    11.35(a), 73.3526(e).