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

In the Matter of                   )    FRN 0005-7970-14
Alan-Leonard   Brockway            )    File No.:  EB-01-ST-040
Kalispell, Montana                 )    NAL/Acct.             No. 



  Adopted:  December 21, 2001           Released:    January   4, 


By the Commission:

     1.  In  this Memorandum  Opinion and  Order (``Order''),  we 
deny the  application for  review1 filed  on August  6, 2001,  by 
Alan-Leonard Brockway (``Brockway'').  Brockway seeks review of a 
Memorandum  Opinion  and  Order  (``MO&O'')  2  released  by  the 
Enforcement Bureau (``Bureau'') on July  6, 2001.  In that  MO&O, 
the Bureau found that  there was no  basis for reconsidering  the 
Forfeiture Order3 assessing a $17,000 forfeiture against Brockway 
for  willful  and  repeated  violation  of  Section  301  of  the 
Communications Act  of  1934,  as  amended  (``Act''),4  and  for 
willful violation  of Section  303(n)  of the  Act.5   The  noted 
violations  involve  Brockway's  operation  of  an  FM  broadcast 
station without  authorization  and  his  failure  to  make  that 
station available for inspection.

     2. We find that  Brockway's application for review  provides 
no  basis  for  reversing   the  Bureau's  decision.   In   fact, 
Brockway's application for  review contains  nothing relevant  to 
the issues in this proceeding.   In particular, Brockway has  not 
established  the  relevance  of  the   cases  he  cites  in   his 
application for  review [e.g.,  Marbury v.  Madison, 5  U.S.  137 
(1803) and Heiner v. Donnan, 285 U.S. 312 (1932)], and our review 
of those cases has found nothing relevant to this proceeding. We, 
therefore, find that  there is no  basis for granting  Brockway's 
application for review.  See generally 47 U.S.C.  155(c)(5).

     3.  ACCORDINGLY,  IT IS  ORDERED that,  pursuant to  Section 

1.115(g) of the Rules,6 Brockway's application for review of  the 

MO&O released on July 6, 2001, IS DENIED.  

     4.  Payment  of  the  seventeen  thousand  dollar  ($17,000) 
monetary forfeiture shall be made  in the manner provided for  in 
Section 1.80 of the Rules7 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.8   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  the  NAL/Acct. 
number referenced  above.  Requests  for  full payment  under  an 
installment plan should be sent to Chief, Revenue and Receivables 
Operations Group, 445 12th Street, S.W., Washington, D.C. 20554.9

     5.  IT IS FURTHER ORDERED that a copy of this Order shall be 
sent by Certified Mail  Return Receipt Requested to  Alan-Leonard 
Brockway at 5663  Highway 35,  Kalispell, Montana  59901, and  at 
6477 Hwy. 93 South, #223, Whitefish, Montana 59937.


                         Magalie Roman Salas


     1 In response to the  Memorandum Opinion and Order  released 
on July  6, 2001,  Brockway filed  a document  entitled  ``Second 
administrative notice of estoppel to proceed for want of  subject 
matter jurisdiction in rem and/or  quasi in rem'' and a  document 
entitled ``Affidavit of Commercial Notice.''  For the purpose  of 
review, we are  treating these  documents as  an application  for 
review pursuant to  Section 1.115 of  the Commission's Rules,  47 
C.F.R.  1.115.

     2 Alan-Leonard Brockway, 16 FCC Rcd 13191 (Enf. Bur. 2001).

     3  Alan-Leonard Brockway, 16 FCC Rcd 10937 (Enf. Bur. 2001).

     4 47 U.S.C.  301.

     5 47 U.S.C.  303(n).

     6 47 C.F.R.  1.115(g).

     7 47 C.F.R.  1.80.

     8 47 U.S.C.  504(a).

     9 See 47 C.F.R.  1.1914.