Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
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.