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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, West Virginia       )     NAL/Acct. No. 200132340003
                                )
                               )     FRN 0005-0236-01

                  MEMORANDUM OPINION AND ORDER

     Adopted:  December 13, 2001             Released:   December 
17, 2001        

By the Chief, Enforcement Bureau:

     1.   In this Memorandum  Opinion and  Order (``Order''),  we 
cancel the  proposed monetary  forfeiture in  the amount  of  ten 
thousand dollars ($10,000) issued to Jeffrey Alan Pettrey for his 
apparent violation of  Section 301 of  the Communications Act  of 
1934, as amended  (``the Act'').1  The  noted violation  involved 
operation of an unlicensed radio transmitter.

     2.   On  July  30,  2001,  the  District  Director  of   the 
Commission's Columbia, Maryland Field  Office issued a Notice  of 
Apparent Liability  for Forfeiture  (``NAL'')2 in  the amount  of 
$10,000 to  Mr. Pettrey  for the  noted violation.   Mr.  Pettrey 
filed a response  to the  NAL on  August 7,  2001 accompanied  by 
documentation  regarding  his   ability  to   pay  the   proposed 
forfeiture.  After reviewing Mr. Pettrey's response, we  conclude 
that cancellation of the proposed $10,000 forfeiture is warranted 
based on Mr. Pettrey's inability to pay the proposed forfeiture. 
                              
     3.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
504(b) of the Act3  and Sections 0.111,  0.311 and 1.80(f)(4)  of 
the Commission's  Rules,4 the  forfeiture in  the amount  of  ten 
thousand dollars  ($10,000) proposed  in the  July 30,  2001  NAL 
issued to Jeffrey Alan Pettrey IS CANCELLED. 









     4.   IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent by  Certified Mail  Return Receipt  Requested to  Jeffrey 
Alan Pettrey at 4014 West  Main Street, Princeton, West  Virginia 
24740.

                         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. 
200132340003 (Enf.  Bur.,  Columbia  Office,  released  July  30, 
2001).                 

  3     47 U.S.C. § 504(b).   

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