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


In the Matter of                        )         File  No.:  EB-
02-CF-712
Mark A. Clay                       )         NAL/Acct.        No. 
200332340003
Huntington, West Virginia                    )                        
FRN 0005-3791-77
                              
                    MEMORANDUM OPINION AND ORDER

     Adopted:  June 21, 2005            Released:  June 24, 2005

By the Acting Chief, Enforcement Bureau:

     1.   In this Memorandum Opinion and Order (``Order''), we 
          deny the petition for reconsideration filed by Mark A. 
          Clay (``Mr. Clay'') Huntington, West Virginia.  Mr. 
          Clay seeks reconsideration of the Forfeiture Order1 in 
          which the Chief, Enforcement Bureau (``Bureau''), 
          found him liable for a monetary forfeiture in the 
          amount of $1,000 for willful and repeated violation of 
          Section 301 of the Communications Act of 1934, as 
          amended (``Act'').2  The noted violation involves the 
          operation of an unlicensed FM broadcast station on the 
          frequency 98.1 MHz, at 5666 Lynn Creek Road, 
          Huntington, West Virginia.

     2.   In his petition, Mr. Clay does not dispute our finding 
that he committed the violation referenced above.  Although the 
Forfeiture Order reduced the forfeiture amount from $10, 000 to 
$1,000 based upon inability to pay, Mr. Clay seeks 
reconsideration and further reduction on the basis of changed 
circumstances.  Specifically, he claims that his amount of 
monthly income has been reduced as a result of divorce.3

     3.   The forfeiture amount in this case was assessed in 
accordance with Section 503(b) of the Communications Act of 1934 
as amended (``Act''), 4 Section 1.80 of the Rules,5 and The 
Commission's Forfeiture Policy Statement and Amendment of Section 
1.80 of the Rules to Incorporate the Forfeiture Guidelines.6  In 
examining Mr. Clay's petition, Section 503(b) of the Act requires 
that the Commission take into account the nature, circumstances, 
extent, and gravity of the violation and, with respect to the 
violator, the degree of culpability, any history of prior 
offenses, ability to pay, and such other matters as justice may 
require.7


              4.    Although Mr. Clay states that he will provide 
documentation in support of his further claim of inability to 
pay, he has failed to do so.  Accordingly, there is no basis for 
granting reconsideration and additional relief. 

     5.   Accordingly, IT IS ORDERED that, pursuant to Section 
405 of the Act8 and Section 1.106 of the Rules,9 Mark A. Clay's 
petition for reconsideration of the June 16, 2004 Forfeiture 
Order IS DENIED.

     6.   Payment of the forfeiture shall be made in the manner 
provided in Section 1.80 of the Rules within 30 days of the 
release of the 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.10  
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 bycheck or money order may be 
mailed to Federal Communications Commission, P.O. 
Box358340,Pittsburgh, PA 15251-8340. Payment by overnight mail 
may be sent toMellon Bank/LB358340,500 Ross Street, Room 
1540670, Pittsburgh, PA 15251. Payment by wire transfer may be 
made to ABA Number043000261, receiving bankMellon Bank, and 
account number911-6106.
     7.        IT IS FURTHER ORDERED THAT this Order shall be 
sent by regular mail and by certified mail, return receipt 
requested, to Mark A. Clay, 5666 Lynn Creek Road, Huntington, 
West Virginia 25704.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Kris A. Monteith
                         Acting Chief, Enforcement Bureau

_________________________

1 19 FCC Rcd 10,500 (2004).

2 47 U.S.C.  301. 

3 He also seeks reduction based  on the fact that he sold  and/or 
destroyed  the  equipment  which  he  had  used  in  his  illegal 
operation.  The fact  that he ceased  his illegal operation  does 
not warrant any reduction.  As  the Commission stated in  Seawest 
Yacht Brokers, 9  FCC Rcd 6099,  6099(1994), ``corrective  action 
taken to come into compliance with Commission rules or policy  is 
expected, and does not nullify or mitigate any prior  forfeitures 
or violations.''

4 47 U.S.C.  503(b).

5 47 C.F.R.  1.80.

6 12  FCC Rcd.  17087  (1997), recon.  denied,  15 FCC  Rcd.  303 
(1999).

7 47 U.S.C.  503(b)(2)(D).

8 47 U.S.C.  405.

9 47 C.F.R.  1.106.

10 See 47 U.S.C.  504(a).