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

In the Matter of                   )    File No.:  EB-01-DL-512
David Edwin Merrell                )    NAL/Acct.             No. 

Wichita Falls, Texas                    )    FRN 0005-0709-74

                         FORFEITURE ORDER

  Adopted:  December 20, 2001           Released:   December  26, 


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) against David Edwin  Merrell (``Merrell'') for  willful 
violation of  Section  301  of the  Communications  Act  of  1934 
(``Act''), as amended.1  The  noted violation involves  Merrell's 
operation of a radio  station on an  amateur frequency without  a 

     2.   On September 10, 2001, the Commission's Dallas,  Texas, 
Office issued a  Notice of Apparent  Liability for Forfeiture  in 
the amount  of $10,000  to  Merrell.2  Merrell  has not  filed  a 
response.  Based  on the  information before  us, we  affirm  the 

     3.   ACCORDINGLY, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act,3 and  Sections 0.111, 0.311 and 1.80(f)(4)  of 
the  Commission's  Rules,4  Merrell  IS  LIABLE  FOR  A  MONETARY 
FORFEITURE in the amount of $10,000 for violating Section 301 and 
of the Act.

     4.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Commission's Rules5 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.6  Payment may be  made 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 
``NAL/Acct.  No.   200132980001''   and   ``FRN   0005-0709-74,'' 
referenced above.  Requests for full payment under an installment 
plan should  be  sent  to:  Revenue  and  Receivables  Operations 
Group, 445 12th Street, S.W., Washington, D.C. 20554.7

     5.   IT IS FURTHER ORDERED that  a copy of this Order  shall 
be sent  by Certified  Mail  -- Return  Receipt Requested  --  to  
David Edwin  Merrell at  704 Ross  Avenue, Wichita  Falls,  Texas 


                         David H. Solomon
                         Chief, Enforcement Bureau


     1  47 U.S.C.  301 and 303(n).

     2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200132500002 (Enf. Bur.,  Dallas Office,  released September  10, 

     3 47 U.S.C.  503(b).

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

     5 47 C.F.R.  1.80.

     6 47 U.S.C.  504(a).

     7 See 47 C.F.R.  1.1914.