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http://www.fcc.gov/eb/FieldNotices/2003/DOC-290813A1.html
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."
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Forgot to add this one when it came out....
FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
New York Office
201Varick Street, Suite 1151
New York, New York 10014
January 15, 2008
(Sent via Certified Return Receipt Requested and First Class U.S. Mail)
Steven Riddle
Bohemia, New York
NOTICE OF UNLICENSED OPERATION
Case Number: EB-07-NY-408
Document Number: W20083238021
The New York Office received a complaint of interference to FCC licensees
authorized to operate on various frequencies assigned to public safety
entities in Suffolk County of New York. The New York Office also
received information that on or about August 26, 2007, you operated
portable radio transmitting equipment on various frequencies in Bohemia,
NY. The Commission's records show that no license was issued for operation
on those frequencies at this location.
Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 301.
You are hereby warned that operation of radio transmitting equipment
without a valid radio station authorization constitutes a violation of 47
U.S.C. S: 301 and could subject the operator to severe penalties,
including, but not limited to, substantial monetary fines, in rem arrest
action against the offending radio equipment, and criminal sanctions
including imprisonment. (see 47 U.S.C. S:S: 401, 501, 503 and 510).
UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED
IMMEDIATELY.
You have ten (10) days from the date of this notice to respond with any
evidence that you have authority to operate granted by the FCC. Your
response should be sent to the address in the letterhead and reference the
listed case and document number. Under the Privacy Act of 1974, 5 U.S.C.
S: 552a(e)(3), we are informing you that the Commission's staff will use
all relevant material information before it to determine what, if any,
enforcement action is required to ensure your compliance with FCC Rules.
This will include any information that you disclose in your reply.
You may contact this office if you have any questions.
Daniel W. Noel
District Director
New York Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003
http://www.fcc.gov/eb/FieldNotices/2003/DOC-279732A1.html
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This morning I am hearing a foreign ship on 467.600 MHz. This frequency is NOT and NEVER HAS BEEN authorized for use by foreign ships in US waters.
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I work in Oakland near the Port of Oakland. I recently scanned all the GMRS inputs after experincing strong and repeated input interference on our 600 and 625 repeater inputs for over nine months (we had been unable to locate the sources).
Over 49 separate FSI incidents were identified on the GMRS inputs (except 700 and 725) over a three month period. And I was only monitoring 6-8 AM and 5-7 PM while commuting.
Several other companies have setup shop (voice and telemetry) on the 12.5 kHz channels adjacent to 550 and 725 (outside the GMRS/FRS band; 462/467.5375, 462/467.7375). I believe these are guard-band channels and not allocated to any specific service.
If you are a repeater owner in this area, or know one of the many absentee owners, please have them contact me at crossmod at comcast dot net. We hope to contact FCC field enforcement (as a group) to get some help.
intermod
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I'm not sure what has happened but ships going to and fro on the Chesapeake have been very quiet on GMRS channels of late. What about the rest of the country folks? What are you hearing in port cities on GMRS inputs and outputs?
Respond in the GMRS Intruder forum.
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This was sent to Riley Hollingsworth this morning 6/20/08 after a US registered vessel was heard using a Part 95/Part 90 hybrid repeater on the Chesapeake Bay. Yes, a US registered vessel:
Riley,
This morning the United States registered cargo ship Liberty, aka/FAUST in MMSI, went north to Baltimore past my home at Plum Point operating a ship-based repeater station using 467.575 MHz (GMRS) as an input and 457.575 MHz (Part 90) as an output frequency. It greatly disturbs me that a vessel registered in our country where the radio regulations we observe have traditionally been honored on the water is using a Part 95 repeater input frequency. In my view, there really is no valid excuse for a US registered vessel to be operating out of band. The captain of that ship and radio officer should both know better. That equipment should have controls to change frequencies when inside the United States territorial waters so that interference is not possible. There is a local 462.575/467.575 repeater in St. Mary’s county that can be interfered with by ships transiting the Bay.
I know you are about to close and lock the door up there, but please feel free to pass this on to whomever can perhaps write a letter to the company that owns the Liberty. Whatever you think is appropriate. Address from the FCC record is below. I can also put this on a PRA complaint form if that would help.
The ship’s information obtained from AIS at the time of the broadcast follows:
Liberty WRYX
IMO 8320779
Destination: Baltimore
38deg 37.393N
76 deg 25.528W
17.6kts
heading 011
draught 8.78m
beam 32m port 11 m
length 199m
cargo ship
From the ITU mmsi record:
Admin.Geo.Area : United States of America
Ship Name : FAUST
Call Sign : WRYX
Selcal No.(s) :
MMSI No. : 367338000
Inmarsat No.(s) : 761836820-23
NTLX No.(s) :
Boats :
EPIRBs : C1E1
Ship class : MM CA
Corresp. : CP Terr. Serv. :
Hours : HX
RTG Band : SXYZ RTF Band : STUV
AAIC : US03 AAIC SAT :
AA info. : US01 TER 10/02/2001
Owner : INTERNATIONAL MARINE CARR
Ex Ship Name :
Ex Call Sign :
EPIRB Id. Code :
EPIRB Hex ID code :
Vessel Id. No. :
Gross Tonnage :
Person Capacity :
Radio Installation :
EMERGENCY CONTACT
Last Update : 22/03/2001
The FCC callsign record:
INTEROCEAN AMERICAN SHIPPING
221 LAUREL RD SUITE 300
VOORHEES, NJ 08043-2349
ATTN CAPT HARRY ROGERS
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This morning tropo is in. On the AIS map I can see ships at Norfolk, VA, and in the Atlantic ocean and the Delaware Bay.
I'm listening to what sounds like an American training vessel of some type using a ship-board repeater with an output on 462.550 MHz. Young people are referred to as "cadet." There are references to Captain, Chief Mate etc.
The antenna used at the moment is a vertical. No bearing. CTCSS detected is 136.5
The more I listened to this morning the more I think it was actually FSI to a GMRS repeater input. The repeater had no control operator and was repeating input traffic.
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FSI from a ship using 467.575 and I think the same one is on the GMRS band edge frequency 467.5375. The only ship close to my home at the moment is the
EVER REFINE
Panama
IMO 9061124
Destination Savannah
call sign 3FSB4
There is a mild tropo in effect.
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Ship using 467.575 MHz, a repeater input channel of a local family GMRS system. In violation of ITU regulations, international treaty and FCC Part 80.
Ship is meeting a pilot boat in 15 minutes. There are two ships in the Bay at the moment:
The VALGA
from Belize
Destimation St. Petersburg
Call: V3IE
IMO 7740805
mmsi 312242000
SLUISGRACHT
Netherlands
PFBE
IMO 9202522
mmsi 244903000
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