**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| 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            | * | FRN 0008-0976-10              |
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| Owner of Unregistered Antenna     | * |                               |
| Structure                         | * |                               |
|                                   | ) |                               |
| Idabel, Oklahoma                  | * |                               |
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## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**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 Commission.

5.  Based on the evidence before us, we find Ramsey willfully[^3] and
    repeatedly[^4] violated Section 17.4(a) of the Rules by failing to
    register its antenna supporting structure.

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 12^th^ 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 submitted.

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

Attachment

[^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
    (1991).

[^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.