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

                              )
In the Matter of                        )         
                              )
Jeffrey Amedro                          )    File  No.  EB-03-CF-
205
dba Cell Page                      )    NAL/Acct.             No. 
200332340006
Morgantown, West Virginia                              )    FRN 
0009-5345-61
                                                       )


                        FORFEITURE ORDER


     Adopted:  September 7, 2004                  Released:  
September 9, 2004  

By the Chief, Enforcement Bureau:


     1.   In this Forfeiture Order ("Order") we issue a  monetary 
          forfeiture  in  the amount  of  ten   thousand  dollars 
          ($10,000)  to  Jeffrey Amedro  dba  Cell  Page  (``Cell 
          Page'') for willful  and repeated violation of  Section 
          301  of the  Communications  Act of  1934,  as  amended 
          (``Act'').1 The  noted violation  involved Cell  Page's 
          operation  of  radio  transmitting  equipment  on   the 
          frequency  157.740   MHz  without   an  instrument   of 
          authorization.    

     2.   In a September 5, 2003 Notice of Apparent Liability for 
Forfeiture (``NAL''),2 the District Director of the  Commission's 
Columbia, Maryland Office (``Columbia Office'') issued a monetary 
forfeiture in the amount of  $10,000 to Cell Page for  repeatedly 
operating its station without a valid instrument of authorization 
after receiving a warning that such operation was in violation of 
the Act.  Cell Page does  not contest the subject violation.   In 
its October 16,  2003 response, Cell  Page requests reduction  or 
cancellation of the  proposed forfeiture.  Presumably,  intending 
to claim its inability  to pay the  forfeiture, Cell Page  states 
that it has been in contact with a certified public accountant to 
complete its tax returns.  Once completed, Cell Page states  that 
it will forward  three years  of tax returns  to the  Enforcement 
Bureau by approximately  October 31, 2003.   Cell Page still  has 
not  submitted  its  tax   returns.3   Without  the   appropriate 
financial documentation, we can not consider Cell Page's claim of 
inability to pay;4 therefore, we  deny its request for  reduction 
or cancellation of the forfeiture. 5  
  
     3.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act6, and  Sections 0.111, 0.311 and 1.80(f)(4)  of 
the Commission's  Rules,7  Cell Page  IS  LIABLE FOR  A  MONETARY 
FORFEITURE in the  amount of ten  thousand dollars ($10,000)  for 
its willful and repeated violation of Section 301 of the Act.

     4.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of  the Rules 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 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 Forfeiture Collection Section, Finance Branch,  Federal 
Communications Commission,  P.O.  Box  73482,  Chicago,  Illinois 
60673-7482.  Payment by overnight mail may be sent to Bank One/LB 
73482, 525 West  Monroe, 8th Floor  Mailroom, Chicago, IL  60661.  
Payment by wire  transfer may  be made to  ABA Number  071000013, 
receiving  bank  ``Bank  One,''   and  account  number   1165259.  
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  Order 
shall be  sent by  first class  mail and  certified mail,  return 
receipt requested, to  Jeffrey Amedro dba  Cell Page, 440  Spruce 
Street, Morgantown, West Virginia 26505.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1                 47 U.S.C.  301.                                         

2                Notice  of  Apparent Liability  for  Forfeiture, 
NAL/Acct. No. 200332340006 (Enf. Bur., Columbia Office,  released 
September 5, 2003).

3  Commission staff contacted Mr.  Amedro prior to completion  of 
this order  to request  copies of  the tax  returns.  Mr.  Amedro 
informed the staff that the tax returns still were not prepared. 

4  As  stated  in  the  NAL, 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.   NAL  at para.  10.  The Commission  has  long 
recognized  that,  although  gross   revenues  are  the   primary 
indicator of  a licensee's  ability to  pay a  forfeiture,  other 
financial indicators can  be considered.   PJB Communications  of 
Virginia, Inc., 7 FCC Rcd 2088 (1991).  

5  See Michael S. Selvanto, DA 04-2488 (released August 10, 2004) 
(finding no basis  upon which  to cancel or  reduce a  forfeiture 
where no  financial documentation  was presented  to  demonstrate 
inability to pay). 

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

8 47 U.S.C.  504(a).

9 See 47 C.F.R.  1.1914.