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


In the Matter of                        )         File No.: EB-
01-TP-399      
                              )         
Joseph S. McCreary                 )         NAL/Acct.        No. 
200232700006
                              )    
Pensacola, Florida                                )         FRN 
0006-9319-84   
                              

                        FORFEITURE ORDER

     Adopted:  July 29, 2002                 Released:  August 1, 
2002   

By the Chief, Enforcement Bureau:

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
          monetary  forfeiture in  the  amount of  five  thousand 
          dollars  ($5,000) to  Joseph  S. McCreary  for  willful 
          violation of Section  95.411 of the Commission's  Rules 
          (``the  Rules'').1  The  noted violation  involves  Mr. 
          McCreary's usage of  an external radio frequency  power 
          amplifier as part of his Citizens Band Radio station.  

     2.   On  May  7,   2002,  the  District   Director  of   the 
Commission's Tampa,  Florida  Field  Office issued  a  Notice  of 
Apparent Liability  for Forfeiture  (``NAL'')2 in  the amount  of 
$5,000 to Mr. McCreary.  Mr. McCreary has not filed a response to 
the NAL.   Based on  the  information before  us, we  affirm  the 
forfeiture. 

     3.   ACCORDINGLY, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications Act  of  1934, as  amended  (``the 
Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the  Rules,4 
Mr. McCreary IS LIABLE FOR A MONETARY FORFEITURE in the amount of 
$5,000 for willfully violating Section 95.411 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, P.O.  Box 
73482, Chicago,  Illinois 60673-7482.   The payment  should  note 
NAL/Acct. No. 200232700006, and  FRN 0006-9319-84.  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 this Order shall be sent  by 
regular mail and by certified mail, return receipt requested,  to 
Joseph S.  McCreary,  3305 Bayou  Boulevard,  Pensacola,  Florida 
32503. 

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

     1  47 C.F.R.  95.411.

     2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200232700006 (Enf.  Bur., Tampa  Field  Office, released  May  7, 
2002).

     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.