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

In the Matter of                )       
Jeffrey Alan Pettrey            )       File No. EB-01-CF-148
Princeton, WV                   )       
                                )       NAL/Acct.             No. 



                                        Released:  July 30, 2001 

By the District Director, Columbia Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we  find that  Jeffrey  Alan Pettrey  (``Pettrey'')  has 
apparently violated Section 301 of the Communications Act of 1934 
(``Act''),1  as  amended,  by   operating  an  unlicensed   radio 
transmitter on frequency  27.575 MHz.  We  conclude that  Jeffrey 
Alan Pettrey is apparently liable for forfeiture in the amount of 
ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On March  28, 2001,  Agents  Richard Caine  and  Donald 
Bogert, of  the Commission's  Columbia Office,  while  conducting 
enforcement work in  Princeton, WV,  observed unauthorized  radio 
operations on 27.575 MHz.   The frequency band 27.540-28.000  MHz 
is allocated for  use by  the United States  Government, and  the 
aeronautical and maritime services.  There  was no evidence of  a 
Commission authorization for this operation.

     3.   Agents Caine and Bogert made a positive  identification 

of the source of the unauthorized transmissions to the  residence 

of Jeffrey Alan  Pettrey, 4014  West Main  Street, Princeton,  WV 

24740.  The agents requested and were given permission to inspect 

the radio station by Pettrey.  Pettrey's radio, a Galaxy DX 2517, 

was set  to  frequency  27.575  MHz with  a  Maverick  250  radio 

frequency (RF)  power amplifier  attached in  line.  The  carrier 

power output of the radio station was 100 watts.

                        III.  DISCUSSION

     4.   Section 301 of  the Act  sets forth  generally that  no 

person shall use or operate any apparatus for the transmission of 

energy or communications  or signals by  radio within the  United 

States except under  and in accordance  with the Act  and with  a 

license granted under the provisions of the Act. 

     5.   Operation  on  a  frequency  adjacent  to  CB   Service 

frequencies is not authorized by the CB rules.  The radio used by 

Pettrey is  not FCC  certificated.  Further,  Pettrey voided  his 

authorization to operate a CB radio station by using a radio  not 

FCC certificated and by using a power amplifier, in violation  of 

Sections 95.409 and 95.411 of the Commission's Rules.2    

     6.   Based on the evidence before us, we find that on  March 

28,  2001,  Jeffrey  Alan  Pettrey  operated  radio  transmission 

apparatus  without   a  Commission   authorization  in   willful3 

violation of Section 301 of the Act.

     7.   The  Commission's  Forfeiture   Policy  Statement   and 

Amendment of  Section  1.80  of  the  Rules  to  Incorporate  the 

Forfeiture Guidelines (``Forfeiture Policy Statement''), set  the 

base forfeiture amounts of $10,000 for unlicensed operation.4  In 

assessing the monetary forfeiture amount, we must also take  into 

account the statutory factors  set forth in Section  503(b)(2)(D) 

of the Act, which include the nature, circumstances, extent,  and 

gravity of the  violation(s), and with  respect to the  violator, 

the degree of culpability, any history of prior offenses, ability 

to pay, and  other such  matters as justice  may require.5  After 

applying the Forfeiture Policy Statement and statutory factors to 

the instant case, we believe a $10,000 forfeiture is warranted.  

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 

503(b) of the  Act6 and  Sections 0.111,  0.311 and  1.80 of  the 

Rules7, Jeffrey Alan Pettrey is  hereby NOTIFIED of his  APPARENT 

LIABILITY FOR A FORFEITURE in the amount of ten thousand  dollars 

($10,000) for willfully violating Section 301 of the Act.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 

the Commission's Rules, within thirty days of the release date of 


the full  amount  of the  proposed  forfeiture or  SHALL  FILE  a 

written  statement  seeking  reduction  or  cancellation  of  the 

proposed forfeiture.

     10.  Payment of  the forfeiture  may be  made by  mailing  a 

check or similar instrument, payable to the order of the  Federal 

Communications Commission, to the Forfeiture Collection  Section, 

Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 

73482, Chicago, Illinois 60673-7482.  The payment should note the 

NAL/Acct. No. 200132340003.

     11.  Any response  to this  NAL must  be mailed  to  Federal 

Communications  Commission,  Enforcement  Bureau,  Technical  and 

Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 

20554 and MUST INCLUDE THE NAL/Acct. No. 200132340003

     12.  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.  

Any claim  of inability  to pay  must specifically  identify  the 

basis for the claim by  reference to the financial  documentation 


     13.  Requests for payment of the full amount of this  Notice 

of Apparent Liability  under an installment  plan should be  sent 

to: Chief,  Revenue and  Receivable  Operations Group,  445  12th 

Street, S.W., Washington, D.C. 20554.8

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 

APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 

Requested  to  Jeffrey  Alan  Pettrey,  4014  West  Main  Street, 

Princeton, WV  24740.

                                FEDERAL            COMMUNICATIONS 


                                Charles C. Magin
                                District Director
                                Columbia Office   

1 47 U.S.C.  301.

2 47 C.F.R.  95.409 and 95.411.

3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to Section 503(b) of the Act, provides that ``[t]he term 
`willful', when used with reference to the commission or omission 
of any act, means the conscious and deliberate commission or 
omission of such act, irrespective of any intent to violate any 
provision of this Act ....''  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

4 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

5 47 U.S.C.  503(b)(2)(D). 

647 U.S.C.  503(b). 

7 47 C.F.R.  0.111, 0.311 and 1.80.

8 See 47 C.F.R.  1.1914.