US radio ham cops $4300 fine

On March 6, the FCC announced that it has issued a 'Forfeiture Order' in the amount of $4300 to Ronald Mondgock, KA3OMZ, of Honeybrook, Pennsylvania, "for willfully and repeatedly violating 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." Section 301 states a federal license is required to "operate any apparatus for the transmission of energy or communications
or signals by radio." Mondgock's Amateur Radio license expired in December 2005.

Mondgock, who held a Novice class license, first received an "Advisory Notice" in February 2001 warning that he had been heard operating on the 75 meter band. He was told that he was not authorized to use that portion of the band and to review the Commission's rules relating to Amateur Radio Service frequencies.

In July 2004, Mondgock, received a "Citation" from the FCC's
Philadelphia Field Office "related to failure to identify, transmissions involving obscenity and indecency and operating on a frequency not authorized for your Novice Class license." He was issued a "Warning Notice" in November 2004 for not replying to the "Citation" within the
20-day period. In the Warning Notice, Mondgock was warned by the Commission that if "a reply is not received by December 15, 2004, a 'Notice of Apparent Liability for Monetary Forfeiture' will be issued against you. We note also that your license expires December 14, 2005.
No renewal or upgrade will be granted until this matter is resolved."

Also in July 2004, Mondgock received a letter from the FCC stating that the Commission "received an anonymous complaint alleging that several operators on the Amateur Radio Service frequency 146.55 MHz were using profane or obscene words or language and were failing to transmit their
amateur license call signs. On June 2, 2004, between 7:30 p.m. and 8:45 p.m., an FCC agent with the Philadelphia Office investigated the complaint and monitored radio communications on the frequency 146.550 MHz allegedly between William Chapman (KB3IXS) and you. Based on your
alleged radio communications that the FCC agent monitored, you may have violated the following FCC rules: Failing to transmit an amateur license call sign, in violation of Section 97.119(a) of the rules; Transmitting obscene and indecent words and language, in violation of Section 97.113(a) of the rules, and Operating on an unauthorized frequency, in
violation of Section 97.301(e) of the rules. (A Novice class amateur licensee does not authorize operation on any frequency in the 2-meter Amateur Radio Service frequency band, 144-148 MHz, including 146.55 MHz." Mondgock was given 20 days to respond and told that his response "must address each alleged violation and include a statement of the specific actions taken to preclude a recurrence."

In February 2006, the Commission sent Mondgock a letter telling him that his application for renewal of his Amateur Radio license "cannot be routinely granted and has been referred to the Enforcement Bureau for review." He was advised that this was because he had never submitted
responses to the Commission's correspondence or never claimed a letter sent via certified mail. Mondgock was given yet another 20 days to respond to this letter, and warned that if he chose not to do so that "your application for renewal will be dismissed and a 'Notice of Apparent Liability for Monetary Forfeiture' will be issued against you."

In December 2006, the FCC's Field Office in Philadelphia sent Mondgock another "Letter of Inquiry" to "follow up on a recent investigation, of the operation of your Amateur Radio Service station, on the frequencies 147.560 MHz and 439.850 MHz. in Philadelphia, Pennsylvania. As discussed
more fully below, agents determined the operation of your Amateur Radio Service station on the frequencies 147.560 MHz and 439.850 MHz violates Section 1.903(a) of the Rules and your operation on those frequencies must cease immediately. In addition, you are required to submit a
detailed written response to the questions below regarding the operation of your station."

The FCC received information that Mondgock was operating radio transmitting equipment on the frequencies 147.560 MHz and 439.850 MHz.
In response, the Philadelphia Field Office conducted an investigation between August-October 2006. "An agent used direction finding techniques to determine that you apparently operated radio transmitting equipment on the frequency 439.850 MHz from your residence on September 19, 2006, between 8:45 p.m. and 9:30 p.m. and from your vehicle on October 24, 2006, between 5:30 p.m. and 6:02 p.m. In addition, on September 12, 2006, the agent used direction finding techniques to determine that you
apparently operated a repeater station on the frequency 147.560 MHz from One Commerce Square in Philadelphia, Pennsylvania."

The FCC asked Mondgock 11 detailed questions concerning his operations, directing him to "provide a complete explanation to the following questions and should provide copies of any relevant documents." He was told that his answers must be accompanied by a signed, sworn statement
attesting to the truth and accuracy of the response. He was given 20 days to respond with answers to the questions and provide the sworn statement.

On August 15, 2007, the Commission's Philadelphia Field Office issued a "Notice of Apparent Liability for Forfeiture" (NAL) to Mondgock in the amount of $10,000 for operating radio transmitting equipment on the frequencies 439.850 MHz and 147.560 MHz without a license. Mondgock responded to the NAL and did not dispute the findings of the Commission, but requested a cancellation of the Forfeiture based on his inability to pay.

In examining Mondgock's 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." When considering someone's inability to pay a fine, the FCC has determined that, in general, gross revenues are the best indicator of an ability to pay a forfeiture. The FCC examined Mondgock's financial documentation that he provided. The Commission declined to cancel the forfeiture but reduced the amount from the original $10,000 to $4300, based on Mondgock's
demonstrated inability to pay the full forfeiture amount.

The FCC's Forfeiture Order
http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-498A1.pdf

Source: The American Radio Relay League