*Pages 1--3 from Microsoft Word - 42284* Federal Communications Commission DA 04- 2971 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 1 47 C. F. R. § 17. 4( a). 2 Because 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). 3 Joe 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, 2003). 1 Federal Communications Commission DA 04- 2971 3 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 14 See 47 C. F. R. § 1.1914. 3