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                            Before the
                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
Structure                          )
Idabel, Oklahoma


                                 Released: February 18, 2003

By the Enforcement Bureau, Dallas Office:

                         I.  INTRODUCTION

     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.

                         II.  BACKGROUND

     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.

                      III.  DISCUSSION

     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.   


                         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.