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


In the Matter of                 )
                                )
Mark A. Clay                     )    File No. EB-02-CF-712
Huntington, West Virginia        )    NAL/ACCT No. 200332340003
                                )    FRN:  0005-3791-77


                        FORFEITURE ORDER

Adopted:  June 14, 2004                    Released:  June 16, 
2004

By the Chief, Enforcement Bureau:


                        I.   INTRODUCTION

     1.   In a January 29, 2003 Notice of Apparent Liability for 
Forfeiture (NAL),1 the District Director-Columbia Office proposed 
a monetary forfeiture of ten thousand dollars ($10,000) for Mark 
A. Clay (Clay) based on an apparent willful and repeated 
violation of Section 301 of the Communications Act of 1934, as 
amended (Act).2  The noted violation involves the operation of an 
unlicensed FM broadcast station on the frequency 98.1 MHz, at 
5666 Lynn Creek Road, Huntington, West Virginia.  In this 
Forfeiture Order, we reduce the proposed monetary forfeiture to 
one thousand dollars ($1,000) based on Clay's financial showing.  

                         II.  DISCUSSION

     2.   Mr. Clay does not contest the subject violation.  
Clay's February 28, 2003 letter response to the NAL, primarily 
concerns the issue of his inability to pay the proposed 
forfeiture amount.  Mr. Clay submits federal income tax returns 
for the years 2000, 2001 and 2002 as corroborating evidence of 
his situation.  After reviewing Mr. Clay's submission and taking 
into consideration the value of the equipment used in connection 
with his unlawful operation, we conclude that a reduction of the 
proposed forfeiture from $10,000 to $1,000 is warranted.  

     3.   Because Clay has continued to operate on the subject 
frequency without a license, notwithstanding previous 
inspections, we will require, pursuant to Section 308(b)3 of the 
Act, that Clay report to the Enforcement Bureau within thirty 
(30) days of the release of this Order whether he has ceased 
operation of the unlicensed FM broadcast station. Clay's report 
must be submitted in the form of a sworn declaration.  If Clay 
fails to submit such a report indicating that he has ceased 
operation, we will consider further appropriate enforcement 
action, including potential revocation of his amateur radio 
license.

                   III.      ORDERING CLAUSES

     4.   Accordingly, IT IS ORDERED THAT, pursuant to Section 
503(b) of the Act4 and Sections 0.111, 0.311 and 1.80(f)(4) of 
the Commission's Rules,5 Mark A. Clay IS LIABLE FOR A MONETARY 
FORFEITURE in the amount of one thousand dollars ($1,000) for 
willfully and repeatedly violating Section 301 of the Act.

     5.   IS ALSO ORDERED that, pursuant Section 308(b) of the 
Act, Mr. Clay must submit the report described in Paragraph 3, 
above, within 30 days from the release of this Order, to:  
Federal Communications Commission, Enforcement Bureau, Spectrum 
Enforcement Division, 445 12th Street, S.W., Room 4-C425, 
Washington, D.C.  20554, Attention:  Jennifer Burton, Esquire.

     6.   Payment of the forfeiture shall be made in the manner 
provided for in Section 1.80 of the Rules6 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.7  
Payment shall 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. 200332340003, and FRN 0005-3791-77.  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. 20554.8

     7.   IT IS FURTHER ORDERED THAT this Order shall be sent by 
first class mail and certified mail, return receipt requested, to 
Mr. Mark A. Clay, 5666 Lynn Creed Rd, Huntington, West Virginia 
26704-9732.                        

                    FEDERAL COMMUNICATIONS COMMISSION

                         


                    David H. Solomon
                    Chief, Enforcement Bureau
_________________________

1 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200332340003 (Enf. Bur.,  Columbia Office,  released January  29, 
2003).
247 U.S.C. § 301.
3 47 U.S.C. § 308(b).
447 U.S.C. § 503(b).
547 C.F.R. §§ 0.111, 0.311 and 1.80(f)(4).
647 C.F.R. §1.80
747 U.S.C. § 504(a).
847 U.S.C. § 1.1914.