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Enforcement Bureau Upholds $24,000 Pirate Fine

Penalty is for General Mobile Radio Service Station licensee

Though not a broadcast station pirate story, this may be of interest. The FCC upheld a $24,000 fine against Kevin Bondy for operating a pirate station.

Bondy is the licensee of General Mobile Radio Service Station WQGX752, in Encino, Calif. In December 2009, the Enforcement Bureau proposed the penalty for operating an unlicensed station, intentionally interfering with other stations and refusing to let agency agents inspect his station.

The bureau had received a complaint about interference to the operations and security frequency for a shopping center in Thousand Oaks, Calif. The security manager for the shopping center told the Enforcement Bureau someone was interfering with the center’s 461.375 MHz and 466.375 MHz frequencies and harassing store employees and customers.

According to the bureau, Bondy admitted he was trying to force the shopping center off its frequencies by transmitting NOAA Weather Radio on their channels. The agency said he also refused to allow an inspection of his transmitting equipment.

Bondy appealed the penalty.

This week, the FCC upheld the fine and denied Bondy’s appeal, which the commission said was filed too late.

Even if it had ruled on the merits of Bondy’s petition, the agency said, it would have found no basis to reconsider the bureau’s decision. In general, “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,” according to the decision by Enforcement Bureau Chief Travis LeBlanc.

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