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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )
Mr. Jerry Smith                 )    File No. EB-00-PA-414
                                )
125 Commonwealth Ave.          )     NAL/Acct. No.  200132400001
Claymont, Delaware             ) 
                                   

                        FORFEITURE ORDER 

Adopted:  April 18, 2001                Released:  April 20, 2001

By the Chief, Enforcement Bureau:

1.        In  this  Forfeiture  Order  (``Order''),  we  issue  a 
  monetary forfeiture  in the  amount of  thirteen thousand  five 
  hundred  dollars  ($13,500) to  Jerry  Smith  for  willful  and 
  repeated  violations  of  Sections  95.409(a),  95.410(a)   and 
  95.411(a)(1)  of  the  Commission's  Rules  (``Rules'').1   The 
  noted violations  involve Mr. Smith's  operation of a  Citizens 
  Band   (``CB'')   Radio  Station   with   a   non-type-accepted 
  transmitter, with a transmitter output power greater than  four 
  watts carrier power in  the AM (A3) mode, and with an  external 
  RF power amplifier.

2.        On January  8,  2001,  the  Commission's  Philadelphia, 
  Pennsylvania  Field   Office  issued  a   Notice  of   Apparent 
  Liability for  Forfeiture (``NAL'') in  the amount of  thirteen 
  thousand five  hundred dollars ($13,500) to  Mr. Smith for  the 
  noted violations.2  Mr. Smith has not filed a response.   Based 
  on the information before us, we affirm this forfeiture.

3.        Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  503(b)  of   the  Communications  Act   of  1934,  as   amended 
  (``Act''),3 and  Sections 0.111,  0.311 and  1.80(f)(4) of  the 
  Rules,4 Jerry Smith IS LIABLE FOR A MONETARY FORFEITURE in  the 
  amount of thirteen  thousand dollars ($13,500) for operating  a 
  CB Radio Station  with a non-type-accepted transmitter, with  a 
  transmitter output power greater than four watts carrier  power 
  in the AM (A3)  mode, and with an external RF power  amplifier, 
  in  willful  and  repeated  violation  of  Sections  95.409(a), 
  95.410(a) and 95.411(a)(1) of the Rules.

4.        Payment of the forfeiture shall  be made in the  manner 
  provided for  in Section 1.80 of the  Rules5 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.6   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,  Forfeiture  Collection  Section,  Finance  Branch, 
  P.O.  Box 73482,  Chicago,  Illinois 60673-7482.   The  payment 
  should note the  NAL/Acct. No. referenced above.  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. 20554.7

5.        IT IS FURTHER ORDERED that, a copy of this Order  shall 
  be sent by  Certified Mail, Return Receipt Requested, to  Jerry 
  Smith, 125 Commonwealth Avenue, Claymont, DE 19703.


                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

     1 47 C.F.R.  95.409(a), 95.410(a) and 95.411(a)(1).

  2   Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
200132400001 (Enf. Bur., Philadelphia Office, released January 8, 
2001).

     3 47 U.S.C.  503(b).

     4 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

     5 47 C.F.R.  1.80.

     6 47 U.S.C.  504(a).

     7 See 47 C.F.R.  1.1914.