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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Kevin W. Bondy Licensee of Station WQGX752 Encino,
California ) ) ) ) ) ) File No.: EB-09-LA-0026 NAL/Acct. No.: 200932900004
FRN: 0016490633
Memorandum opinion and order
Adopted: December 18, 2013 Released: December 19, 2013
By the Chief, Enforcement Bureau:
I. Introduction
1. In this Memorandum Opinion and Order (MO&O), issued pursuant to
Section 405 of the Communications Act of 1934, as amended (Act),^ we
deny the petition for reconsideration^ filed by Kevin W. Bondy (Mr.
Bondy), licensee of General Mobile Radio Service (GMRS) Station
WQGX752, in Encino, California, ^ of the First MO&O issued on February
15, 2013.^ The First MO&O affirmed a monetary forfeiture in the amount
of twenty-four thousand dollars ($24,000) for: (1) willful and
repeated violation of Section 301 of the Act,^ for engaging in
unlicensed radio operation; (2) willful and repeated violation of
Section 333 of the Act^ and Section 95.183(a)(5) of the Commission's
rules (Rules),^ for intentional interference to licensed radio
operations; and (3) willful violation of Section 303(n) of the Act,^
and Section 95.115 of the Rules,^ for refusing to allow an inspection
of radio equipment by FCC personnel.
II. Background
2. The Forfeiture Order and First MO&O fully stated the facts of this
proceeding so we will not repeat them here.^ In the First MO&O, the
Bureau determined that Mr. Bondy's initial petition for
reconsideration (2011 Petition) was procedurally defective,^ but also
found that even if the 2011 Petition had been timely filed, it
provided "no basis for further reduction or cancellation of the
monetary forfeiture assessed against Mr. Bondy."^ The Bureau affirmed
findings made by the Bureau's Western Region (Region) concerning Mr.
Bondy's violations of the Act for engaging in unlicensed radio
operation,^ for intentional interference to licensed radio
operations,^ and for refusing to allow an inspection of his radio
equipment by FCC personnel.^
III. Discussion
3. Reconsideration is appropriate only where the petitioner either
demonstrates a material error or omission in the underlying order or
raises additional facts not known or not existing until after the
petitioner's last opportunity to present such matters.^ A petition for
reconsideration that reiterates arguments that were previously
considered and rejected will be denied.^ We find that Mr. Bondy's
Petition fails to demonstrate a material error or omission in the
First MO&O and reiterates arguments previously presented to and
rejected by the Region^ and then the Bureau.^ We further find that Mr.
Bondy raises no new facts and presents no new or previously unknown
facts in his Petition, but merely reiterates unsworn arguments of
mistaken identity and alleged cooperation with the inspection of his
radio equipment, which the Region and Bureau previously addressed and
dismissed as unsupported.^ The Bureau found that the Forfeiture Order
was supported by sufficient evidence that Mr. Bondy transmitted on
frequencies that he had no authorization for and engaged in
intentional interference to licensed operations on those frequencies,
thereby willfully and repeatedly violating Sections 301 and 333 of the
Act and Section 95.183(a)(5) of the Rules.^ The Bureau also found that
there was sufficient evidence that Mr. Bondy willfully violated
Section 303(n) of the Act and Section 95.115 of the Rules by refusing
to allow an inspection of his radio equipment by FCC personnel.^ In
addition, the Bureau determined that Mr. Bondy's claim that he did not
own or lease equipment or land on a particular mountain was irrelevant
to the sufficiency of the evidence against him.^ As noted by the
Bureau, the Los Angeles Office determined that Mr. Bondy's
transmissions were unquestionably the source of the interference. At
the time of the intentional interference, Mr. Bondy was sitting in his
car, as located by the Los Angeles Office, explaining to shopping
center personnel why he was jamming them and why they had to vacate
the frequencies being interfered with from the mountain.^ The Bureau
also determined irrelevant Mr. Bondy's claim that the entity that was
the target of his intentional interference was operating on
unauthorized frequencies while assisting the FCC agent investigating
Mr. Bondy.^ Therefore, we find that the Petition provides no basis for
reconsideration or for further reduction or cancellation of the
monetary forfeiture assessed against Mr. Bondy, and affirm the First
MO&O.
IV. ordering clauses
4. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the
Communications Act of 1934, as amended,^ and Section 1.106 of the
Rules,^ that the Petition for Reconsideration filed by Kevin W. Bondy
IS DENIED and the Memorandum Opinion and Order, 28 FCC Rcd 1170,
issued February 15, 2013, IS AFFIRMED.
5. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and
Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Rules, Kevin W.
Bondy IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-four
thousand dollars ($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.^
6. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules immediately and no later than thirty (30)
calendar days after the release date of this Memorandum Opinion and
Order.^ If the forfeiture is not paid within the period specified,
the case may be referred to the U.S. Department of Justice for
enforcement of the forfeiture pursuant to Section 504(a) of the Act.^
Kevin W. Bondy shall send electronic notification of payment to
WR-Response@fcc.gov on the date said payment is made.
7. The payment must be made by check or similar instrument, wire
transfer, or credit card, and must include the NAL/Account number and
FRN referenced above. Regardless of the form of payment, a completed
FCC Form 159 (Remittance Advice) must be submitted.^ When completing
the FCC Form 159, enter the Account Number in block number 23A (call
sign/other ID) and enter the letters "FORF" in block number 24A
(payment type code). Below are additional instructions you should
follow based on the form of payment you select:
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
8. Any request for full payment over time under an installment plan
should be sent to: Chief Financial Officer--Financial Operations,
Federal Communications Commission, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554.^ If you have questions regarding payment
procedures, please contact the Financial Operations Group Help Desk by
phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
9. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be
sent by both regular mail and by certified mail, return receipt
requested, to Kevin W. Bondy, at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
^ See 47 U.S.C. S 405.
^ See Kevin W. Bondy, Petition for Reconsideration (filed March 13, 2013)
(Petition).
^ Kevin W. Bondy, Memorandum Opinion & Order, 28 FCC Rcd 1170 (Enf. Bur.
2013) (First MO&O), aff'g Forfeiture Order, 26 FCC Rcd 7840 (Enf. Bur.
Western Region 2011) (Forfeiture Order), aff'g Notice of Apparent
Liability for Forfeiture, NAL/Acct. No. 200932900004 (Enf. Bur. Western
Region, Los Angeles Office, rel. May 14, 2009).
^ 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.
^ Forfeiture Order, 26 FCC Rcd at 7840-43, paras. 2-11; First MO&O, 28
FCC Rcd at 1170-72, paras. 2-4.
^ First MO&O, 28 FCC Rcd at 1172, para. 5.
^ Id. at 1173, para. 9.
^ 47 U.S.C. S 301. First MO&O, 28 FCC Rcd at 1173, para. 7.
^ 47 U.S.C. S 333; see also 47 C.F.R. S 95.183(a)(5). First MO&O, 28 FCC
Rcd at 1173, para. 7.
^ 47 U.S.C. S 303(n); see also 47 C.F.R. S 95.115. First MO&O, 28 FCC Rcd
at 1173, para. 8.
^ See 47 C.F.R. S 1.106(c); EZ Sacramento, Inc., Memorandum Opinion and
Order, 15 FCC Rcd 18257 (Enf. Bur. 2000) (citing WWIZ, Inc., 37 FCC 685,
686 (1964), aff'd sub. nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C.
Cir. 1965), cert. denied, 383 U.S. 967 (1966)).
^ EZ Sacramento, Inc., 15 FCC Rcd at 18257, para. 2.
^ Forfeiture Order, 26 FCC Rcd at 7842-45, paras. 9-17.
^ First MO&O, 28 FCC Rcd at 1173, paras. 7-8.
^ Id.; Forfeiture Order, 26 FCC Rcd at 7842-44, paras. 9-15. See Petition
at 1-2.
^ First MO&O, 28 FCC Rcd at 1173, para. 7. See Petition at 1-2.
^ First MO&O, 28 FCC Rcd at 1173, para. 8. See Petition at 2.
^ First MO&O, 28 FCC Rcd at 1173, para. 7 n.27.
^ Id. See Forfeiture Order, 26 FCC Rcd at 7841, paras. 5-6. See also
Petition at 2.
^ First MO&O, 28 FCC Rcd at 1173, para. 7 n.26. The Bureau stated that
this fact was noted in the Forfeiture Order, along with the explanation
for the usage. Forfeiture Order, 26 FCC Rcd at 7841, para. 5 n.5. See
Petition at 2.
^ 47 U.S.C. S 405.
^ 47 C.F.R. S 1.106.
^ 47 U.S.C. SS 301, 303(n), 333, 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311,
1.80(f)(4), 95.115, 95.183(a)(5).
^ 47 C.F.R. S 1.80.
^ 47 U.S.C. S 504(a).
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
^ See 47 C.F.R. S 1.1914.
(Continued from previous page)
(continued....)
Federal Communications Commission DA 13-2411
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Federal Communications Commission DA 13-2411