*Pages 1--2 from Microsoft Word - 13540.doc* Federal Communications Commission DA 01- 2903 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 $10,000 forfeiture is warranted based on Mr. Pettrey’s inability to pay the proposed forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 504( b) of the Act 3 and Sections 0.111, 0. 311 and 1.80( f)( 4) of the Commission's Rules, 4 the forfeiture in the amount of ten thousand dollars ($ 10,000) proposed in the July 30, 2001 NAL issued to Jeffrey Alan Pettrey IS CANCELLED. 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). 1 Federal Communications Commission DA 01- 2903 2 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 2