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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
     In the Matter of                                                    
                                         )    File Number: EB-06-PA-001  
     Ronald Mondgock                                                     
                                         )   NAL/Acct. No. 200732400002  
     Former Licensee of Station KA3OMZ                                   
                                         )            FRN: 0010-87-6589  
     Honeybrook, Pennsylvania                                            
                                         )                               
                                                                         
                                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: August 15, 2007

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Ronald Mondgock, the former licensee of Novice Class Amateur
       Radio Service station KA3OMZ in Honeybrook, Pennsylvania, apparently
       willfully and repeatedly violated Section 301 of the Communications
       Act of 1934, as amended ("Act") by operating radio transmitting
       equipment on the frequencies 439.850 MHz and 147.560 MHz without a
       license. We conclude, pursuant to Section 503(b) of the Communications
       Act of 1934, as amended ("Act"), that Mondgock is apparently liable
       for a forfeiture in the amount of ten  thousand dollars ($10,000).

   II. BACKGROUND

    2. On June 3, 2006, the Philadelphia Office received information from a
       person who wanted to remain anonymous alleging that Mondgock was
       operating on frequencies which were not authorized by his Novice Class
       license. In response, the Philadelphia Office conducted an
       investigation between August 2006 and December 2006. The agents used
       direction finding techniques to determine that Mondgock operated radio
       transmitting equipment on the frequency 439.850 MHz from his residence
       on September 19, 2006 between 8:45 p.m. and 9:30 p.m. and from his
       vehicle on October 24, 2006, between 5:30 p.m. and 6:02 p.m. The
       agents also found that Mondgock was using the frequency 439.850 MHz as
       an input to a repeater station that he owned and operated on the
       frequency 147.560 MHz at One Commerce Square Building, 2005 Market
       Street, Philadelphia, Pennsylvania. Novice Class licensees are not
       permitted to operate on the frequencies 439.850 MHz and 147.560 MHz.

    3. Agents also determined that Mondgock's Novice Class license for
       amateur radio station KA3OMZ had been in dismissal status as of March
       17, 2006. Although Mondgock had filed a timely renewal application on
       September 15, 2005,  for his license that was scheduled to expire on
       December 14, 2005,  the renewal application was dismissed on March 18,
       2006 because Mondgock failed to respond to Commission correspondence.
       The Notice of Dismissal warned Mondgock that the dismissal was
       effective March 17, 2006, and that he "must cease operations until
       such time as you come into compliance with the Rules." On October 16,
       2006, Mondgock filed another renewal application, which remains
       pending with the Commission.  Although Mondgock filed another renewal
       application, his authority to operate station KA3OMZ does not resume,
       if ever, until the Commission acts on his renewal application.   As a
       result, Mondgock did not have authority to operate station KA3OMZ as
       of the date of the dismissal of his first license renewal application,
       i.e., March 17, 2006.

    4. On November 20, 2006, agents from the Philadelphia Office interviewed
       Ronald Mondgock at his residence. During the interview, Mondgock
       admitted that he operates radio transmitting equipment on the
       frequency 439.850 MHz from his residence and vehicle and he owns and
       operates a repeater station on the frequency 147.560 MHz from the One
       Commerce Square in Philadelphia, Pennsylvania. Mondgock acknowledged
       that his Novice Class Amateur Radio Service Station License KA3OMZ was
       expired and that his license did not authorize him to operate on the
       frequencies 147.560 MHz and 439.850 MHz.

    5. Immediately after the interview, the agents inspected the Kenwood K700
       radio transmitter in Mondgock's vehicle. The agents turned on the
       radio transmitter and observed that the front panel digital display
       listed the frequency 147.560 MHz. When the agents conducted a test
       transmission  with the radio transmitter, they measured the frequency
       147.560 MHz with an Optoelectronics Frequency Counter.

    6. On December 20, 2006, the Philadelphia Office issued a Letter of
       Inquiry to Mondgock to request information about the operation of
       station KA3OMZ. By letter dated January 7, 2007, Mondgock submitted a
       response stating that he operated radio transmitting equipment on the
       frequency 439.850 MHz from his vehicle and residence on September 19,
       2006 and October 24, 2006. Mondgock also stated that he owned and
       operated a repeater station on the frequency 147.560 MHz at the One
       Commerce Square in Philadelphia, Pennsylvania. In the response,
       Mondgock stated  he had been operating on the frequency 439.850 MHz
       for about 2 years and that he had no authorization to operate on the
       frequencies 147.560 MHz and 439.850 MHz. 

   III. DISCUSSION

    7. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day. 

    8. Section 301 of the Act requires that no person shall use or operate
       any apparatus for the transmission of energy or communications or
       signals by radio within the United States except under and in
       accordance with the Act and with a license. Mondgock.s authority to
       operate station KA3OMZ terminated on March 17, 2006 when his renewal
       application was dismissed for failure to respond to Commission
       correspondence. In the Notice of Dismissal issued on March 18, 2006,
       Mondgock was warned to immediately cease operations until he could
       come into compliance with the Commission's Rules.  Notwithstanding
       this warning, on September 19, 2006, and October 24, 2006, Commission
       agents determined that Mondgock operated radio transmitting equipment
       from his residence and vehicle, respectively, on the frequency 439.850
       MHz. Agents further determined that Mondgock operated a repeater
       station on 147.560 MHz.  Furthermore, even if the license for KA3OMZ
       had been valid on September 19, 2006 and October 24, 2006, Mondgock.s
       Novice Class license would not have authorized him to operate on the
       frequencies 147.560 MHz and 439.850 MHz. Because Mondgock operated an
       amateur radio station after being warned that he no longer had
       authority to do so and because he admitted to such unauthorized
       operation, we find that the violation was willful. Because the
       violation continued for more than one day, it was repeated.

    9. Based on the evidence before us, we find that Mondgock apparently
       willfully and repeatedly violated Section 301 of the Act by operating
       an amateur radio station without a valid license.

   10. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for operating radio transmitting equipment
       without an instrument of authorization is ten thousand dollars
       ($10,000). In assessing the monetary forfeiture amount, we must also
       take into account the statutory factors set forth in Section
       503(b)(2)(E) of the Act, which include the nature, circumstances,
       extent, and gravity of the violations, and with respect to the
       violator, the degree of culpability, and history of prior offenses,
       ability to pay, and other such matters as justice may require. 
       Applying the Forfeiture Policy Statement, Section 1.80, and the
       statutory factors to the instant case, we conclude that Mondgock is
       apparently liable for a $10,000 forfeiture.

   IV. ORDERING CLAUSES

   11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Ronald Mondgock is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       ten  thousand dollars ($10,000) for violations of Section 301 of the
       Act.

   12. IT IS FURTHER ORDERED  that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Ronald Mondgock SHALL PAY
       the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   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 Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   14. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, Philadelphia Office,
       One Oxford Valley Building, Suite 404, 2300 East Lincoln Highway,
       Langhorne, Pennsylvania 19047 and must include the NAL/Acct. No.
       referenced in the caption.

   15. 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.

   16. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.8

   17. IT IS FURTHER ORDERED  that a copy of this Notice of Apparent
       Liability for Forfeiture shall be sent by Certified Mail, Return
       Receipt Requested, and regular mail, to Ronald Mondgock at his address
       of record. 

   FEDERAL COMMUNICATIONS COMMISSION

   Gene Stanbro

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   47 U.S.C. S: 301.

   47 U.S.C. S: 503(b).

   Section 97.301(e) of the Rules, 47 C.F.R. S: 97.301(e), specifies that an
   operator with a Novice Class Amateur Radio Service license can operate on
   the frequencies bands 3.675 MHz through 3.725 MHz, 7.100 MHz through 7.150
   MHz, 21.10 MHz through 21.20 MHz, 28.10 MHz through 28.50 MHz, 222 MHz
   through 225 MHz and 1270 MHz through 1296 MHz.

   Section 97.21(a)(3)(iii) provides that, for the type of license held by
   Mondgock, a renewal application must be filed in accordance with Section
   1.913 of the Rules and if the renewal application is filed on or before
   the license expiration date, "the license operating authority is continued
   until the final disposition of the application."

   The Notice of Dismissal stated that Mondgock failed to reply to a Citation
   dated July 2, 2004. In that Citation, Mondgock was warned that, inter
   alia, he had operated on unauthorized frequencies in violation of Section
   97.301(e) of the Rules and he was directed to respond to each of the
   alleged violations within twenty (20) days. We also note that Mondgock
   received two additional letters regarding his failure to respond to the
   July 2, 2004 letter. See Letters from Riley Hollingsworth, Special
   Counsel, Enforcement, to Ronald Mondgock, dated November 15, 2004 and
   February 7, 2006.

   We also note that, on January 3, 2007, Mondgock filed another application
   (File No. 0002867438) for the renewal of the license KA3OMZ. The
   Commission dismissed that application because it was a duplicate of the
   renewal application that is pending with the Commission.

   Section 97.21(b) provides that, if a renewal application is not filed by
   the license expiration date, a renewal application may be filed during a 2
   year filing grace period, but "unless and until the license grant is
   renewed, no privileges in this Part are conferred."

   Section 312(f)(1) of the Act, 47 U.S.C. S: 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 or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he 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."

   As noted above, Section 97.21(b) provides that, for renewal applications
   filed after the license expiration date, .unless and until the license
   grant is renewed, no privileges in this Part are conferred..

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S:S: 503(b) and 301, 47 C.F.R. S:S: 0.111, 0.311, 0.314 and
   1.80.

   8 See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission