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


In the Matter of                   )
                              )
Joe E. Ramsey and John Ramsey      )    File No. EB-02-DL-681
d.b.a. Ramsey & Ramsey             )    NAL/Acct.             No. 
200332500004
Owner of an Unregistered Antenna Structure   )    FRN  0008-0976-
10
Idabel, Oklahoma                   )

                        FORFEITURE ORDER

Adopted:  September 13, 2004                           Released:  
September 15, 2004

By the Chief, Enforcement Bureau:

I.   INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture in  the amount of  three dollars ($3,000)  to 
Joe  E.  Ramsey   and  John   Ramsey  d.b.a.   Ramsey  &   Ramsey 
(``Ramsey''), owner of an unregistered antenna structure, Idabel, 
Oklahoma, for willful and repeated violation of the  registration 
requirements  of  Section  17.4(a)  of  the  Commission's   Rules 
(``Rules'').1 

II.  BACKGROUND

     2.   On November  4, 2002,  the Commission's  Dallas,  Texas 
Field  Office  (``Dallas  Office'')  inspected  Ramsey's  antenna 
structure, searched  the Commission's  databases, and  determined 
that the  structure  was  not  registered.2   The  Dallas  Office 
notified Ramsey that its structure was not registered, and  after 
Ramsey still failed to register the antenna structure, it  issued 
Ramsey a Notice of Apparent Liability for Forfeiture (``NAL'') on 
February 18,  2003.3  The  NAL found  that Ramsey  willfully  and 
repeatedly violated  the  registration  requirements  of  Section 
17.4(a) of the Rules and proposed a $3,000 forfeiture.

     3.   In its response,4 Ramsey did not dispute that the NAL's 
findings.  Ramsey nevertheless  sought cancellation or  reduction 
of the proposed forfeiture based  upon its good faith efforts  to 
comply with  the  subject registration  requirements,  after  the 
Dallas Office notified Ramsey of the lack of registration.  

III.      DISCUSSION

     4.   The  forfeiture  amount  proposed  in  this  case   was 
assessed in accordance with Section 503(b) of the  Communications 
Act of 1934, as amended  (``Act''),5 Section 1.80 of the  Rules,6 
and the Commission's Forfeiture Policy Statement and Amendment of 
Section  1.80  of  the   Rules  to  Incorporate  the   Forfeiture 
Guidelines.7  In assessing  forfeitures, Section 503(b)(2)(D)  of 
the  Act  requires  that  we   take  into  account  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 such  other matters  as 
justice may  require.8  As  discussed below,  we have  considered 
Ramsey's response in  light of these  statutory factors and  have 
determined that  no  reduction  of  the  proposed  forfeiture  is 
warranted.  

     5.   Ramsey claimed,  and Commission  records reflect,  that 
after receiving notice  from the Dallas  Office that the  antenna 
structure was not registered,  it complied with the  requirements 
of  Section  17.4(a)  by  registering  its  antenna   structure.9  
However, Ramsey was required to register its antenna structure in 
1996, and did not begin its registration process until after  the 
Dallas Office notified it that the structure was not  registered.  
Further,  the  Commission  expects  that  violations,  which  are 
observed  during  inspection  and/or   are  the  subject  of   an 
enforcement action, to be corrected,10 and does not believe  that 
such  corrective   measures   mitigate  or   warrant   forfeiture 
cancellations or reductions for  past violations.11 Based on  the 
record, we thus do not find that cancellation or reduction of the 
proposed forfeiture of $3,000 is warranted.  

IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
503(b) of the Act,  and Sections 0.111,  0.311 and 1.80(f)(4)  of 
the Rules,12  Joe E.  Ramsey and  John Ramsey  d.b.a. Ramsey  and 
Ramsey IS LIABLE FOR A MONETARY FORFEITURE in the amount of three 
thousand dollars ($3,000)  for its willful  violation of  Section 
17.4(a) of the Rules.  

     7.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of  the Rules 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.13  
Payment of  the  forfeiture must  be  made by  check  or  similar 
instrument, payable to  the order of  the Federal  Communications 
Commission.  The payment must include  the NAL/Acct. No. and  FRN 
No. referenced above.   Payment by  check or money  order may  be 
mailed to Forfeiture Collection Section, Finance Branch,  Federal 
Communications Commission,  P.O.  Box  73482,  Chicago,  Illinois 
60673-7482. Payment by overnight mail may be sent to Bank  One/LB 
73482, 525 West  Monroe, 8th Floor  Mailroom, Chicago, IL  60661. 
Payment by wire  transfer may  be made to  ABA Number  071000013, 
receiving bank Bank  One, and account  number 1165259.   Requests 
for full payment  under an  installment plan should  be sent  to: 
Chief, Revenue  and Receivables  Group,  445 12th  Street,  S.W., 
Washington, D.C. 20554.14

     8.   IS FURTHER ORDERED that a  copy of this Order shall  be 
sent by First Class and  Certified Mail Return Receipt  Requested 
to Joe E. Ramsey and John Ramsey d.b.a. Ramsey and Ramsey, Rt. 3, 
Box 116, Idabel, Oklahoma 74745.

                              FEDERAL COMMUNICATIONS COMMISSION
                         
                              
                              David H. Solomon
                              Chief, Enforcement Bureau
      

_________________________

147 C.F.R.  17.4(a).
2Because Ramsey's  antenna  structure  exceeds 200  feet  and  is 
subject to  Federal  Aviation  Administration  notification,  the 
Rules  require  that  the   structure  be  registered  with   the 
Commission.  See  47  C.F.R.   17.4(a);  see also  47  C.F.R.   
17.7(a).
3Joe E. Ramsey and John Ramsey d.b.a. Ramsey & Ramsey,  NAL/Acct. 
No. 200332500004 (Enf. Bur., Dallas Office, released February 18, 
2003).
     
4  See   Notice  of   Appeal,  Petition   Seeking  Reduction   or 
Cancellation of Proposed Forfeiture (filed March 11, 
547 
6
712 FC
8
9According to Commission records, Ramsey antenna structure (An
10See AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 21875   26 
(finding  that  all  Commission  licensees  and  regulatees   are 
``expected to promptly take corrective action when violations are 
brought to  their attention,''  and that  such corrective  action 
does not warrant  reduction or cancellation  of a forfeiture  for 
past violations); see also  Seawest Yacht Brokers,  9 FCC Rcd  at 
6099, 6099  7 (1994); TCI  Cablevision of Maryland, Inc., 7  FCC 
Rcd 6013, 6014  8 (1992); Sonderling Broadcasting Corp.,  69 FCC 
2d 289, 291 (1978);  South  Central Communications Corp., 18  FCC 
Rcd 700, 702-03  9 (Enf. Bur. 2003). 
11Id.
1247 C.F.R.  0.111, 0.311, 1.80(f)(4).
1347 U.S.C.  504(a).
14See 47 C.F.R.  1.1914.