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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-DL-681
Joe E. Ramsey and John Ramsey ) NAL/Acct. No.200332500004
d.b.a. Ramsey & Ramsey )
Owner of Unregistered Antenna ) FRN 0008-0976-10
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 18, 2003
By the Enforcement Bureau, Dallas Office:
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Joe E. Ramsey and John Ramsey
d.b.a. Ramsey & Ramsey (``Ramsey''), owner of an
unregistered antenna supporting structure, Idabel, Oklahoma,
apparently liable for a forfeiture in the amount of three
thousand dollars ($3,000) for willful and repeated violation
of Section 17.4(a) of the Commission's Rules (``Rules'').1
Specifically, we find Joe E. Ramsey and John Ramsey d.b.a.
Ramsey & Ramsey apparently liable for failing to register
its antenna structure as required.
2. On November 4, 2002, an agent from the
Commission's Dallas Field Office inspected Ramsey's 300 foot
antenna structure located at Ramsey Implements, Inc.,
Highway 70 E, Idabel, Oklahoma, at or near geographical
coordinates 33° 54' 33'' North Latitude by 094° 46' 56''
West Longitude. This antenna supporting structure is not
registered with the FCC.
3. On December 16, 2002, the agent spoke with Joe. E.
Ramsey of Ramsey. Mr. Ramsey stated that Ramsey moved the
tower to its current location in 1978. Mr. Ramsey
acknowledged ownership of the structure and stated they
would register the structure. As of January 30, 2003, the
antenna structure remained unregistered with the Commission.
4. Section 17.4(a) requires the owner of an antenna
structure that requires notice to the Federal Aviation
Administration (``FAA'') to register the antenna structure
with the Commission. Ramsey's antenna structure requires
notification to the FAA, and therefore Commission
registration, because its height exceeds 200 feet.2 For at
least one year up through January 30, 2003, Ramsey failed to
register its antenna supporting structure with the
5. Based on the evidence before us, we find Ramsey
willfully3 and repeatedly4 violated Section 17.4(a) of the
Rules by failing to register its antenna supporting
6. Pursuant to Section 1.80(b)(4) of the Rules,5 the
base forfeiture amount for the violation cited in this
Notice is $3,000 for failure to file required forms or
information (i.e. failure to file an application for antenna
structure registration). In assessing the monetary
forfeiture amount, we must also take into account the
statutory factors set forth in Section 503(b)(2)(D) of the
Communications Act of 1934, as amended (``Act''), which
include the nature, circumstances, extent, and gravity of
the violation, and with respect to the violator, the degree
of culpability, any history of prior offenses, ability to
pay, and other such matters as justice may require.6
Considering the entire record and applying the factors
listed above, this case warrants a $3,000 forfeiture.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,7 and Sections 0.111, 0.311 and
1.80 of the Rules,8 Joe E. Ramsey and John Ramsey d.b.a.
Ramsey & Ramsey is hereby NOTIFIED of this APPARENT
LIABILITY FOR A FORFEITURE in the amount of three thousand
dollars ($3,000) for willful and repeated violation of
Section 17.4(a) of the Rules by failing to register its
antenna supporting structure.
8. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Joe E. Ramsey and John Ramsey d.b.a. Ramsey &
Ramsey SHALL PAY the full amount of the proposed forfeiture
or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
9. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the
Federal Communications Commission, to the Forfeiture
Collection Section, Finance Branch, Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.
The payment should note the NAL/Acct. No. and FRN referenced
above. Requests for payment of the full amount of this NAL
under an installment plan should be sent to: Chief, Revenue
and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.9
10. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street SW, Washington DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division and MUST INCLUDE THE
NAL/Acct. No. referenced above.
11. The Commission will not consider reducing or
canceling a forfeiture in response to a claim of inability
to pay unless the petitioner submits: (1) federal tax
returns for the most recent three-year period; (2) financial
statements prepared according to generally accepted
accounting practices (``GAAP''); or (3) some other reliable
and objective documentation that accurately reflects the
petitioner's current financial status. Any claim of
inability to pay must specifically identify the basis for
the claim by reference to the financial documentation
12. Under the Small Business Paperwork Relief Act of
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the
FCC is engaged in a two-year tracking process regarding the
size of entities involved in forfeitures. If you qualify as
a small entity and if you wish to be treated as a small
entity for tracking purposes, please so certify to us within
thirty (30) days of this NAL, either in your response to the
NAL or in a separate filing to be sent to the Technical &
Public Safety Division. Your certification should indicate
whether you, including your parent entity and its
subsidiaries, meet one of the definitions set forth in the
list provided by the FCC's Office of Communications Business
Opportunities (OCBO) set forth in Attachment A of this
Notice of Apparent Liability. This information will be used
for tracking purposes only. Your response or failure to
respond to this question will have no effect on your rights
and responsibilities pursuant to Section 503(b) of the
Communications Act. If you have questions regarding any of
the information contained in Attachment A, please contact
OCBO at (202) 418-0990.
13. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Joe E. Ramsey and John Ramsey d.b.a.
Ramsey & Ramsey, RT. 3 Box 116, Idabel, Oklahoma 74745.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
Dallas Office, Enforcement Bureau
1 47 C.F.R. § 17.4(a).
2 See 47 C.F.R. § 17.7(a).
3 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed
under Section 503(b) of the Act, provides that ``[t]he term
`willful', when used with reference to the commission or
omission of any act, means the conscious and deliberate
commission or omission of such act, irrespective of any
intent to violate any provision of this Act . . . .'' See
Southern California Broadcasting Co., 6 FCC Rcd 4387-88
4 The term ``repeated,'' when used with reference to the
commission or omission of any act, ``means the commission or
omission of such act more than once or, if such commission
or omission is continuous, for more than one day.'' 47
U.S.C. § 312(f)(2).
5 47 C.F.R. § 1.80(b)(4).
6 47 U.S.C. § 503(b)(2)(D).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, 1.80.
9 See 47 C.F.R. § 1.1914.