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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 Station WQGX752                                     
                                   )    FRN: 0016490633              
     Encino, California                                              
                                   )                                 
                                                                     
                                   ))                                


                                FORFEITURE ORDER

   Adopted: June 2, 2011 Released: June 6, 2011

   By the Regional Director, Western Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of twenty-four thousand dollars ($24,000) to Kevin W. Bondy
       ("Bondy"), licensee of General Mobile Radio Service ("GMRS") Station
       WQGX752, in Encino, California, for willful and repeated violation of
       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"),
       and for willful violation of section 303(n) of the Act, and section
       95.115 of the Rules, for engaging in unlicensed radio operation and
       intentional interference to licensed radio operations, and for
       refusing to allow an inspection of his radio equipment by FCC
       personnel.

   II. BACKGROUND

    2. On February 25, 2009, the Los Angeles Office of the Enforcement Bureau
       ("Bureau") received a complaint of interference from the security
       manager for The Oaks Shopping Center ("The Oaks" or "the shopping
       center"), 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. The next day, an agent from the Los Angeles Office contacted the
       security manager regarding the complaint. The security manager stated
       that an unknown individual was intentionally interfering with the
       shopping center's maintenance operations on 462.525 MHz and 467.525
       MHz and its security operations on 461.375 MHz and 466.375 MHz. The
       security manager also stated that this person was harassing store
       employees and patrons at The Oaks. According to the security manager,
       the person in question told The Oaks's personnel to stop using
       461.375MHz, the shopping center's security repeater input frequency.

    4. On March 5, 2009, using direction-finding techniques, the Los Angeles
       agent located an unlicensed and unauthorized repeater transmitter in a
       secured radio communications facility on Oat Mountain in the Santa
       Susana Mountains. The agent observed pulsating signals on 461.375 MHz
       and 466.375 MHz emanating from the repeater transmitter and also
       observed a beam antenna pointed in the direction of The Oaks.

    5. On March 6, 2009, in an effort to locate the point of origin of the
       transmission from the unlicensed and unauthorized repeater, the agent
       again monitored 461.375 MHz and 466.375 MHz in the vicinity of The
       Oaks and observed pulsating signals that interfered with the normal
       transmissions on those frequencies. Later that day, in consultation
       with personnel from The Oaks and the Ventura County Sheriff's
       Department, the Los Angeles agent used direction-finding techniques to
       locate the source of the transmissions while personnel from The Oaks
       spoke to the as yet unidentified subject on 464.7125 MHz and 462.8375
       MHz. During the time The Oaks personnel engaged in radio
       communications with the subject, he acknowledged he was intentionally
       interfering with The Oaks's ability to communicate on 461.375 MHz and
       466.375 MHz, in order to render The Oaks's repeater unusable and to
       force The Oaks off their licensed channels. Specifically, 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, and told The Oaks
       personnel that he had been "jamming" the 461.375 MHz and 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 MHz and 466.375 MHz repeater pair, and that The
       Oaks had to apply to the FCC to cancel the 461.375 MHz and 466.375 MHz
       repeater pair and request a new frequency pair. The subject said to
       The Oaks personnel that he gave The Oaks three weeks to vacate the
       frequencies but The Oaks did not do so, so "this is what [it has] 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 its license.

    6. At approximately 7:30 p.m. the same day, the Los Angeles agent located
       the transmitter originating the voice transmissions on 464.7125 MHz
       and 462.8375 MHz (the frequencies being used by The Oaks and the still
       unidentified subject to communicate) 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 the
       agent could perform an inspection of all radios in his vehicle.
       Initially, Bondy refused to allow an inspection, then a few minutes
       later, agreed to allow an inspection, then refused again after the Los
       Angeles agent began inspecting all of the radio equipment that Bondy
       had in his vehicle. Bondy's refusal was witnessed by Ventura County
       Sheriff's Department deputies.

    7. 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.

    8. On May 14, 2009, the Los Angeles Office issued a Notice of Apparent
       Liability for Forfeiture ("NAL") in the amount of $24,000 to Bondy,
       finding that Bondy apparently willfully and repeatedly violated
       sections 301 and 333 of the Act, and section 95.183(a)(5)  of the
       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. After being granted an extension by the Los Angeles Office,
       Bondy filed a response on August 21, 2009, arguing that he did not
       commit the violations, that he did not refuse to allow the inspection,
       and that he lacks the ability to pay the proposed forfeiture amount.

   III. DISCUSSION

    9. The proposed forfeiture amount in this case was assessed in accordance
       with section 503(b) of the Act, section 1.80 of the Rules, and the
       Commission's Forfeiture Policy Statement. In examining the Response,
       section 503(b) of the Act requires that the Commission 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 other
       such matters as justice may require.

   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 GMRS licensee under Part 95 of the Rules, he
       has no authorization to operate on 461.375 MHz and 466.375 MHz, the
       frequencies licensed to The Oaks, or 464.7125 MHz and 462.8375 MHz,
       the frequencies that the Los Angeles agent located Bondy transmitting
       on during the investigation on March 6, 2009. In his Response, Bondy
       denies transmitting on 464.7125 MHz and 462.8375 MHz and denies
       ordering anyone to stop transmitting on 461.375 MHz and 466.375 MHz.
       Bondy argues that this is simply a case of mistaken identity. Bondy
       also argues that he did not own or operate any equipment on Oat
       Mountain, including the unauthorized repeater the Los Angeles agent
       found. We find no merit in Bondy's arguments.

   11. The Los Angeles agent used direction-finding techniques to locate
       Bondy as he transmitted on 464.7125 MHz and 462.8375 MHz on March 6,
       2009. The agent successfully located the initiating transmissions to a
       vehicle located at the parking structure near The Oaks in which Bondy
       was operating. Bondy was then identified by a Ventura County police
       officer, a fact that Bondy does not dispute. While the Los Angeles
       agent was attempting to locate Bondy, The Oaks personnel recorded
       their transmissions with Bondy in which Bondy ordered them to vacate
       461.375 MHz and 466.375 MHz while he was transmitting on 464.7125 MHz
       and 462.8375 MHz. Bondy stated in his transmissions to The Oaks
       personnel, that he had been jamming the frequencies, 461.375 MHz and
       466.375 MHz, and that The Oaks had to stop using those frequencies. We
       are persuaded that the evidence presented by the Los Angeles agent,
       including the agent's direction-finding that located the transmissions
       to Bondy and the recording of Bondy's transmissions outweighs Bondy's
       unsupported assertions of mistaken identity. Accordingly, we find that
       Bondy willfully and repeatedly violated section 301 of the Act by
       consciously and deliberately operating on frequencies for which he had
       no authorization, for more than one day.

   12. 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 during
       his transmissions that he was causing intentional interference to The
       Oaks's authorized operations on 461.375 MHz and 466.375 MHz, in a
       successful effort to render The Oaks's repeater unusable and to force
       The Oaks off its licensed channels. Nevertheless, in his Response
       Bondy denies that he was causing interference and again argues that
       the investigation resulted in a case of mistaken identity. As
       described above, while the Los Angeles agent sought to locate Bondy
       and located the transmissions on 464.7125 MHz and 462.8375 MHz to
       Bondy's vehicle, The Oaks personnel recorded their transmissions with
       Bondy in which he ordered The Oaks to vacate their licensed spectrum.
       Bondy stated in his transmissions to The Oaks personnel, that he had
       been jamming the frequencies, 461.375 MHz and 466.375 MHz, and that
       The Oaks had to stop using those frequencies. Therefore, we again find
       no merit to Bondy's argument that the investigation was a case of
       mistaken identity.

   13. Bondy also argues that he did not transmit NOAA weather radio on all
       frequencies used by The Oaks, asserting that none of his radios
       contained any frequencies used by The Oaks, and he did not have a
       radio which received NOAA weather transmissions. Although Bondy states
       that none of his radios contained any frequencies used by The Oaks,
       the Los Angeles agent used direction-finding equipment to locate Bondy
       by monitoring the frequencies Bondy was transmitting on, which were
       also being used by The Oaks, specifically, 464.7125 MHz and 462.8375
       MHz. Consequently, we decline to believe Bondy's claims concerning the
       frequencies programmed into his radios. Accordingly, we find that
       Bondy willfully and repeatedly violated section 333 of the Act, and
       section 95.183(a)(5) of the Rules by consciously and deliberately
       causing interference to The Oaks's licensed transmissions on 461.375
       MHz and 466.375 MHz for more than one day.

   14. 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 Los Angeles Office requested an inspection of
       Bondy's radio equipment. Bondy argues that he did not refuse an
       inspection by the Los Angeles agent, although he acknowledges that he
       initially told the agent that he preferred that the agent not look at
       his radios, but ultimately allowed the inspection. The Los Angeles
       agent reported that Bondy initially refused an inspection, then
       agreed, then refused a full inspection. According to Bondy, the agent
       was specifically focused on one of Bondy's handheld radios to
       determine which frequencies were programmed into the device, which was
       not readily apparent given that Bondy had programmed channel names,
       rather than frequencies, into the handheld. Conversely, the agent
       reported that there were other radios in the car which he was unable
       to inspect, including a console mount radio, a handheld radio, and a
       mobile radio unit in the back seat. Bondy acknowledges that he was
       apprehensive about the inspection and asserts that he informed the
       agent that his actions, including attempting to program a frequency
       into the radio after Bondy told the agent that the radio was field
       programmable, were not necessary.

   15. Although the Los Angeles agent attempted an inspection of Bondy's
       radio equipment and was allowed to begin to inspect a single handheld
       device, the agent's attempt to determine the actual frequency
       programmed into the handheld device was thwarted by Bondy, and Bondy
       indicated to the agent that he could not conduct a full and complete
       inspection of all of the radio equipment in the vehicle. We conclude
       that while Bondy may have allowed the inspection of a handheld radio,
       he apparently did not permit inspection of the rest of the radio
       equipment in his vehicle. The ability of an FCC agent to conduct an
       inspection pursuant to section 303(n) of the Act, and in this case,
       pursuant to section 95.115 of the Rules, is a crucial investigative
       tool for our enforcement purposes. When a subject disallows such an
       inspection, it severely undermines a field agent's ability to perform
       his or her job. Consequently, we find that Bondy willfully failed to
       allow an inspection of his radio equipment. Accordingly, we find that
       Bondy willfully violated section 303(n) of the Act and section 95.115
       of the Rules by consciously and deliberately refusing to allow an FCC
       agent to inspect his radio equipment.

   16. Bondy also claims that he lacks the ability to pay the proposed
       $24,000 forfeiture and submits three years of tax records to support
       his claim. As indicated above, section 503(b)(2)(E) of the Act states
       that in determining the amount of a forfeiture penalty, the Commission
       shall 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 other
       such matters as justice may require. We have reviewed Bondy's tax
       records, which, standing alone may arguably support his asserted
       inability to pay argument. However, the ability to pay a forfeiture is
       just one of the criteria we must consider when determining the
       appropriate forfeiture penalty for violations of the Act and the
       Rules. As required by the statute itself, we must consider the nature,
       circumstances, extent, and gravity of the violation. Here, Bondy's
       violations include repeated acts of intentional and malicious
       interference designed to jam the operations of stations licensed by
       the Commission. The Commission is responsible for making and enforcing
       regulations to prevent interference and to maintain control over the
       use of the radio spectrum in a manner that promotes the public
       interest and convenience. Bondy's acts cut at the heart of the
       Commission's responsibilities to protect the nation's airwaves and
       regulate use of the spectrum. Bondy operated a radio without a license
       on the specific frequencies assigned and licensed by the Commission to
       The Oaks, for the explicit and expressed purpose of prohibiting The
       Oaks's use of its licensed frequencies. This type of conduct inhibits
       the Commission's ability to effectively regulate and maintain control
       over the use of the spectrum and will not be tolerated. Indeed,
       Congress enacted section 333 of the Act specifically to provide the
       Commission with explicit authority to deal with willful or malicious
       interference. The egregiousness of Bondy's willful acts of malicious
       interference warrant assessment of the full forfeiture amount
       proposed. Nothing on the record in this case, including Bondy's
       ability to pay, warrants any leniency or mitigation of that amount.

   17. We have examined the Response to the NAL pursuant to the statutory
       factors above, and in conjunction with the Forfeiture Policy Statement
       and section 1.80 of the Rules. As a result of our review, we conclude
       that Bondy willfully and repeatedly violated sections 301 and 333 of
       the Act, and section 95.183(a)(5) of the Rules, and willfully violated
       section 303(n) of the Act, and section 95.115 of the Rules.
       Considering the entire record and the factors listed above, we find
       that Bondy is liable for a forfeiture in the amount of $24,000.

   IV. ORDERING CLAUSES

   18. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended ("Act"), and sections 0.111,
       0.204, 0.311 and 1.80(f)(4) of the Rules, we find that Kevin Bondy IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000 for
       willfully and repeatedly violating sections 301 and 333 of the Act,
       and section 95.183(a)(5) of the Rules, and for willfully violating
       section 303(n) of the Act and section 95.115 of the Rules.

   19. 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. 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 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 Bondy shall also send electronic notification to
       WR-Response@fcc.gov on the date said payment is made.

   20. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Kevin Bondy
       at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Rebecca L. Dorch

   Regional Director, 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.

   We note that The Oaks had no authorization to operate on 464.7125 MHz and
   462.8375 MHz. However, they used those frequencies in this limited
   instance to communicate with the subject, and other personnel, because of
   the continual jamming of their authorized frequencies, and to allow the
   Los Angeles agent to track the transmissions and locate them to the source
   of the subject who was communicating with The Oaks. The agent ultimately
   located the transmissions to Bondy's vehicle.

   The agent observed that the vehicle contained a console mount radio,
   another handheld 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.

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

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

   47 C.F.R. S: 95.115.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932900004
   (Enf. Bur. Western Region, Los Angeles Office, released May 14, 2009).

   See Response to Notice of Apparent Liability for Forfeiture by Kevin W.
   Bondy, filed August 21, 2009 ("Response").

   See Response at 1 - 3.

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

   47 C.F.R. S: 1.80.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon. denied, 15
   FCC Rcd 303 (1999).

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

   47 U.S.C. S: 301.

   Under Part 95 of the Rules, the frequencies 461.375 MHz, 466.375 MHz,
   464.7125 MHz, and 462.8375 MHz, are not available for GMRS operation. See
   47 C.F.R. S: 95.29 (Channels available).

   See Response at 1 - 3.

   See Response at 1.

   47 U.S.C. S: 333.

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

   See Response at 3.

   See Response at 1.

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

   47 C.F.R. S: 95.115.

   See Response at 1 - 2.

   See NAL at para 7, n.7.

   See Response at 2.

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

   Id.

   The frequencies being jammed by Bondy's interference were 461.375 MHz,
   authorized for use by The Oaks' license for Station KOA995, and 466.375
   MHz, authorized for use by The Oaks's license for Station KG9712.

   47 U.S.C. S:S: 301, 303(f), 333.

   H.R. Rep. No. 101-316, at 13 (1989). The legislative history for section
   333 identifies willful and malicious interference as "intentional jamming,
   deliberate transmission on top of the transmissions of authorized users
   already using specific frequencies in order to obstruct their
   communications, repeated interruptions, and the use and transmission of
   whistles, tapes, records, or other types of noisemaking devices to
   interfere with the communications or radio signals of other stations."

   See Hodson Broadcasting Corporation, Forfeiture Order, 24 FCC Rcd 13699
   (Enf. Bur. 2009) (permittee's continued operation at variance with its
   construction permit constituted an intentional and continuous violation,
   which outweighed permittee's evidence concerning its ability to pay the
   proposed forfeitures).

   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:S: 301, 303(n), 333, 503(b); 47 C.F.R. S:S: 0.111, 0.204,
   0.311, 1.80(f)(4), 95.115, 95.183(a)(5).

   47 U.S.C. S: 504(a).

   Federal Communications Commission DA 11-990

   1

   2

   Federal Communications Commission DA 11-990