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


In the Matter of                        )
                              )
The Two Way Shop                   )    File No. EB-99-ST-
439
Kennewick, Washington              )    NAL/Acct. No. 
915ST0007


                MEMORANDUM OPINION AND ORDER

     Adopted:  September 13, 2000                 Released:  
September 14, 2000

By the Chief, Enforcement Bureau:


     1.   In this Memorandum  Opinion and Order (``Order''), 
we deny The  Two Way Shop's Petition  for Reconsideration of 
the $7,000 Forfeiture Order that we issued to it on April 7, 
2000.1  The  Two Way Shop willfully  and repeatedly violated 
Section 302  of the Communications  Act of 1934,  as amended 
(``Act''), and Sections 2.803  and 2.815 of the Commission's 
Rules by offering linear amplifiers for sale.2

     2.   In a  letter dated May  3, 2000, the Two  Way Shop 
responded to the Forfeiture Order.  We will treat the May 3, 
2000  letter  as  a  Petition  for  Reconsideration  of  the 
Forfeiture Order.3     

     3.   The  Two Way  Shop  raises one  new  issue in  its 
Petition for  Reconsideration.  It alleges that  neither its 
owner operator  nor his wife  have spoken with  a Commission 
agent in The Two Way  Shop, and, accordingly, could not have 
offered to sell linear amplifiers to the agent.  The Two Way 
Shop apparently  overlooks our  statement in  the Forfeiture 
Order that  the investigating  agents posed as  ``members of 
the general  public.''4  In this case,  the agents' decision 
to proceed undercover  has no bearing on The  Two Way Shop's 
culpability because  the operative  terms of Section  302 of 
the Act  and Sections  2.803 and 2.815  of the  Rules simply 
prohibits the offering for sale of the linear amplifiers.

     4.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Section 1.106 of the Rules,5 The Two Way Shop's Petition for 
Reconsideration IS DENIED.

     5.   Payment  of the  forfeiture shall  be made  in the 
manner provided  for in  Section 1.80  of the  Rules6 within 
thirty  (30) days  of the  release  of this  Order.  If  the 
forfeiture is not paid within the specified period, the case 
may be referred to the  Department of Justice for collection 
pursuant to Section 504(a) of the Act.7  Payment may be made 
by  credit card  through  the Commission's  Credit and  Debt 
Management Center at (202) 418-1995 or 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   the  NAL/Acct.  No.  915ST0007.  
Requests for  full payment under an  installment plan should 
be sent  to: Chief, Credit  and Debt Management  Center, 445 
12th Street, S.W., Washington, D.C. 20554.8

     6.   IT IS FURTHER  ORDERED that, a copy  of this Order 
shall by  sent by certified mail,  return receipt requested, 
to  Patrick Cleppe,  The  Two Way  Shop,  220 East  Columbia 
Drive, Kennewick, Washington 99336.



                         FEDERAL COMMUNICATIONS COMMISSION



                         
                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1 The Two Way Shop, 15 FCC Rcd 12439 (Enf. Bur. 2000).

2 See 47 U.S.C.  302; 47 C.F.R.  2.803, 2.815.

3 See 47 C.F.R.  1.106. 

4 The Two Way Shop, 15 FCC Rcd at 12439. 

5 47 C.F.R.  1.106.
6 47 C.F.R.  1.80.

7 47 U.S.C.  504(a).

8 See 47 C.F.R.  1.1914.