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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                           )                                
                                                            
                           )                                
     In the Matter of                                       
                           )       File No.: EB-09-LA-0026  
     Kevin W. Bondy                                         
                           )   NAL/Acct. No.: 200932900004  
     Licensee of WQGX752                                    
                           )               FRN: 0016490633  
     Encino, California                                     
                           )                                
                                                            
                           )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                       Released: May 14, 2009

   By the District Director Los Angeles Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Kevin W. Bondy ("Bondy"), licensee of GMRS station WQGX752, in
       Encino, California, apparently willfully and repeatedly violated
       Sections 301 and 333 of the Communications Act of 1934, as amended
       ("Act"), and Section 95.183(a)(5)  of the Commission's Rules
       ("Rules"), by engaging in unlicensed radio operation and intentional
       interference to licensed radio operations; and apparently willfully
       violated Section 303(n) of the Act and Section 95.115 of the Rules  by
       failing to allow an inspection of his radio equipment by Commission
       personnel. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Mr. Bondy is
       apparently liable for a forfeiture in the amount of twenty-four
       thousand dollars ($24,000).

   II. BACKGROUND

    2. On February 25, 2009, the Los Angeles Office received a complaint from
       the security manager for The Oaks Shopping Center ("The Oaks"),
       located at 350 West Hillcrest Drive, Thousand Oaks, California.  The
       Oaks is the licensee of land mobile radio station KOA995, with
       authority to operate on 461.375 MHz, 462.525 MHz, and 467.525 MHz. The
       Oaks is also the licensee of land mobile radio station KG9712, with
       authority to operate on 466.375 MHz.

    3. On  February 26, 2009, an agent from the Enforcement Bureau's Los
       Angeles Office contacted the security manager regarding the complaint.
       The security manager stated that someone was intentionally interfering
       with their maintenance operations on 462.525/467.525 MHz and their
       security operations on 461.375/466.375 MHz. The security manager also
       stated that this person was harassing stores in The Oaks. According to
       the security manager, the person in question had told The Oaks to stop
       using 461.375MHz, their security repeater input frequency.

    4. On March 5, 2009, the Los Angeles agent, using a mobile direction
       finding ("MDF") vehicle, located the source of pulsating signals on
       461.375/466.375 MHz, apparently intended to interfere with normal
       transmissions on those frequencies, to a repeater located within a
       secured radio communications facility on Oat Mountain in the Santa
       Susana Mountains. The agent observed that the radio equipment which
       was the source of the pulsating signals, included a beam antenna
       pointed in the direction of Thousand Oaks.

    5. On March 6, 2009, the agent monitored 461.375/466.375 MHz in the
       vicinity of The Oaks and observed pulsating signals apparently
       designed to interfere with normal transmissions on those frequencies.
       Later that day, in consultation with personnel from The Oaks and the
       Ventura County Sherriff's Department, the Los Angeles agent attempted
       to locate the originating subject source of the transmissions while
       personnel from The Oaks spoke to the unknown operator on 464.7125 MHz
       and 462.8375 MHz. The Los Angeles agent instructed The Oaks personnel
       to keep the subject talking for as long as possible so that the agent
       could locate the origin of the transmissions.

    6. While the Los Angeles agent attempted to locate the source of the
       transmissions on 464.7125 MHz and 462.8375 MHz, The Oaks personnel
       spoke to the subject. During this time, the subject told The Oaks
       personnel that they had "plenty of warning." The subject then
       effectively shut down all operations on The Oaks frequencies by
       transmitting NOAA weather radio over every channel. The subject then
       told Oaks personnel that he had been "jamming" the 461.375/466.375
       frequencies by "pulsing" them to shut down the repeater. The subject
       also said that The Oaks now had no repeaters, that the Oaks had to
       stop using the 461.375/466.375 MHz repeater pair and that The Oaks had
       to apply to the FCC to cancel the 461.375/466.375 MHz repeater pair
       and request a new frequency pair because "we need the channel." The
       subject said that he gave The Oaks three weeks to vacate the
       frequencies but The Oaks did not, so "this is what we've come to." The
       subject then explained in detail to the Oaks personnel how to work
       with the FCC and frequency coordinators to apply for a new frequency
       for their license.

    7. Later on March 6, 2009, at approximately 7:30 p.m., the Los Angeles
       agent, using a MDF vehicle, located the originating source of the
       transmissions on 464.7125 MHz and 462.8375 MHz to a vehicle located on
       the National Park Service parking structure across the street from The
       Oaks. The Ventura County Sheriff's Department then secured the area
       and identified the subject as Kevin Bondy. The Los Angeles agent
       identified himself to Bondy and explained that a refusal to allow an
       inspection could result in a fine. Then the agent asked Bondy if he
       could perform an inspection of all radios in his vehicle. Initially,
       Bondy refused to allow an inspection, then later agreed to allow an
       inspection, then refused again. Bondy's refusal was witnessed by
       Ventura County Sheriff's Department deputies.

    8. On March 9, 2009, the Los Angeles agent revisited the radio
       communications facility on Oat Mountain and observed that the beam
       antenna had been removed and the interference to The Oaks radio
       systems had ceased.

   III. DISCUSSION

    9. 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.

   10. Section 301 of the Act states that "[n]o person shall use or operate
       any apparatus for the transmission of energy or communications or
       signals by radio ... except under and in accordance with this Act and
       with a license in that behalf granted under the provisions of this
       Act." Although Bondy is a General Mobile Radio Service (GMRS) licensee
       under Part 95 of the Rules, he has no authorization to operate on
       461.375 MHz, 466.375 MHz, 464.7125 MHz or 462.8375 MHz. On March 6,
       2009, Bondy admitted during his transmissions that he was aware of
       which frequencies he was operating on, therefore, his violation was
       willful. The violation occurred on more than one day, therefore, it
       was repeated. Based on the evidence before us, we find that Bondy 
       apparently willfully and repeatedly violated Section 301 of the Act.

   11. Section  333 of the Act states that "[n]o person shall willfully or
       maliciously interfere with or cause interference to any radio
       communications of any station licensed or authorized by or under the
       Act or operated by the United States government." Section 95.183(a)(5)
       of the Rules states that a GMRS station operator must not communicate
       intentional interference. On March 6, 2009, Bondy acknowledged in his
       transmissions that he was causing intentional interference to The
       Oaks' authorized operations on 461.375 MHz and 466.375 MHz, in a
       successful effort to render The Oaks' repeater unusable and to force
       The Oaks off their licensed channels. Bondy admitted to causing the
       intentional interference, therefore, the violation was willful. The
       violation occurred on more than one day, therefore, it was repeated.
       Based on the evidence before us, we find that Bondy  apparently
       willfully and repeatedly violated Section 333 of the Act and Section
       95.183(a)(5) of the Rules.

   12. Section 303(n) of the Act states "the Commission . . . shall have
       authority to inspect all radio installations . . . ." Section 95.115
       of the Rules states that "[i]f an authorized FCC representative
       requests to inspect any station in a GMRS system, the licensee or
       station operator must make the station available." On March 6, 2009,
       an agent from the Commission's Los Angeles Office requested an
       inspection of Bondy's radio equipment. Bondy initially agreed to the
       inspection but then refused. Bondy was aware of the requirement to
       make his radio equipment available to the agent, as the agent
       explained the requirement to Bondy. Consequently, we find that Bondy
       apparently willfully violated Section 303(n) of the Act and Section
       95.183(a)(5) of the Rules.

   13. 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 unlicensed operation is $10,000; the base
       forfeiture for interference is $7,000; and the base forfeiture for
       failing to permit inspection is $7,000. 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 Bondy
       is apparently liable for a $24,000 forfeiture.

   IV. ORDERING CLAUSES

   14. 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, Kevin W. Bondy is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       twenty-four  thousand dollars ($24,000) for violations of Sections
       301, 303(n), and 333 of the Communications Act of 1934, as amended,
       and Sections 95.115 and 95.183(a)(5) of the Rules.

   15. 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, Kevin W. Bondy SHALL PAY
       the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   16. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to:  Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.    Please contact the Financial Operations Group Help
       Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any
       questions regarding payment procedures. Kevin W. Bondy  will also send
       electronic notification on the date said payment is made to
       WR-Response@fcc.gov.

   17. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Los Angeles Office,
       18000 Studebaker Rd., Suite 660, Cerritos, California, 90703 and must
       include the NAL/Acct. No. referenced in the caption. An electronic
       copy shall be sent to WR-Response@fcc.gov.

   18. 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.

   19. 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 Kevin W. Bondy at his address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Nader Haghighat

   District Director

   Los Angeles Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S:S: 301, 333.

   47 C.F.R. S: 95.183(a)(5).

   47 U.S.C. S: 303(n).

   47 C.F.R. S: 95.115.

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

   We note that The Oats had no authorization to operate on 464.7125 MHz and
   462.8375 MHz, however, they used those frequencies to communicate with the
   subject, and other personnel, because of the continual jamming of their
   authorized frequencies.

   The agent observed that the vehicle contained a console mount radio, a
   hand handle radio, and a mobile radio unit in the back seat. The agent was
   not able to inspect any of these devices because of Bondy's refusal.

   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."

   47 U.S.C. S: 301.

   47 U.S.C. S: 333.

   47 C.F.R. S: 95.183(a)(5).

   47 U.S.C. S: 303(n).

   47 C.F.R. S: 95.115.

   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), 301, 303(n), 333; 47 C.F.R. S:S: 0.111, 0.311,
   0.314, 1.80, 95.115, 95.183(a)(5).

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       5

   Federal Communications Commission