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FCC catches an intentional jammer then the DA screws up the case

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Old 10-07-2009, 02:49 PM
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Default FCC catches an intentional jammer then the DA screws up the case


Check this story out - also near me. The short version is that this guy who holds a GMRS license was jamming businesses at a local shopping center. The FCC found him, filed charges and fines (not the first offense), but apparently the DA messed up and filed the wrong charges. Case dismissed by the judge.



FCC issues $24000 NAL to alleged shopping centre radio jammer

The FCC has issued a $24,0000 Notice of Apparent Liability for Forfeiture to Kevin W. Bondy, licensee of GMRS station WQGX752, in Encino, California.
This for apparently willfully and repeatedly violating Section
95.183(a)(5) of the Commission's Rules by engaging in unlicensed radio operation and intentional interference to licensed radio operations; and apparently willfully and Section 95.115 of the Rules by failing to allow an inspection of his radio equipment by Commission personnel.
You may remember our story a few months ago when an agent from the Los Angeles FCC office used direction finding equipment to locate the source off interference to the shopping centers radio system.
Using mobile direction finding gear the agent traced the signal to Bondy's car and accompanied by deputies from the Ventura County Sheriff's office confronted him. The FCC 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 the Sheriff's Department deputies.
Now, after weighing all the evidence the FCC says that in its opinion that Kevin W. Bondy's actions warrant not only the base amount fine for each violation but an enhancement based an several circumstances. These 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 and the statutory factors to the case, the FCC concludes that Bondy is apparently liable for a $24,000 forfeiture.
As is always the case, Bondy was given the customary 30 days from the May 14th date of the liability notice to pay or to file an appeal. That date has long since passed. Meantime an informed source indicated to the CGC Communicator that Bondy may walk away free from the most serious criminal charges levied against him.
CGC reports that its possible that a Ventura county prosecutor filed the wrong charges with a wiretapping charge being at the heart of the matter. The presiding judge dismissed that charge on July 23, along with another charge stemming from it. As of now, the only prevailing criminal charge against Bondy is one of making annoying phone calls, but the prosecution has the option to re-file its case.

Source: ARNewsline, FCC, CGC
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Old 10-07-2009, 03:35 PM
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All the DA needs to do is re-file.
They can do that if they feel it is worth the time...
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Old 10-07-2009, 04:13 PM
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DA.

Think of the other title that these 2 letters go to and you will know why they chose the title for most "Public Prosecutors"
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Old 10-07-2009, 07:03 PM
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and that my friends is exactly why you never get a GMRS license
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Old 10-07-2009, 07:13 PM
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This clown will probably walk on the criminal charges because there really is no state crime here. Annoying phone calls to a business require either obscene language or threats of bodily injury or damage to property. Of course we don't know any more than what is reported, but sounds like there is no state crime here.

Of course, there is still the matter of the NAL. That will be brought in federal court and unless the guy hires a specialist in the area not only will he pay the fine but also will end up paying another $50,000 in attorney fees.
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