**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                  | * | File Number: EB-06-PA-001      |
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| Ronald Mondgock                   | ) | NAL/Acct. No. 200732400002     |
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| Former Licensee of Station KA3OMZ | * | FRN: 0010-87-6589              |
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| Honeybrook, Pennsylvania          | * |                                |
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## FORFEITURE ORDER

**Adopted:** March 4, 2008 **Released:** March 6, 2008

By the Acting Regional Director, Northeast Region, Enforcement Bureau:

**I.** **INTRODUCTION AND BACKGROUD**

1.  In this *Forfeiture Order* ("*Order*"), we issue a monetary
    forfeiture in the amount of four thousand three hundred dollars
    (\$4,300) to Ronald Mondgock ("Mondgock"), the former licensee of
    Novice Class Amateur Radio Service station KA3OMZ in Honeybrook,
    Pennsylvania, for willfully and repeatedly violating Section 301 of
    the Communications Act of 1934, as amended ("Act"),[^1] by operating
    radio transmitting equipment on the frequencies 439.850 MHz and
    147.560 MHz without a license.

2.  On August 15, 2007, the 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.[^2] In
    its response to the *NAL*, Mondgock does not dispute the findings,
    but requests a cancellation of the forfeiture based on his inability
    to pay.

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III. **DISCUSSION**

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3.  The proposed forfeiture amount in this case was assessed in
    accordance with Section 503(b) of the Act,[^3] Section 1.80 of the
    Rules,[^4] and *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines* ("*Forfeiture Policy Statement"*).[^5] 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.[^6]

4.  With regard to an individual's or entity's inability to pay, the
    Commission has determined that, in general, gross revenues are the
    best indicator of an ability to pay a forfeiture.[^7] After
    examining the financial documentation submitted by Mondgock, we
    decline to cancel the forfeiture, but find that a reduction in the
    forfeiture to \$4,300 is warranted based on Mondgock's demonstrated
    inability to pay the full forfeiture amount proposed in the *NAL*.

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IV. **ORDERING CLAUSES**

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5.  Accordingly, **IT IS ORDERED** that, pursuant to Section 503(b) of
    the Communications Act of 1934, as amended, and Sections 0.111,
    0.311 and 1.80(f)(4) of the Commission's Rules, Ronald Mondgock **IS
    LIABLE FOR A MONETARY FORFEITURE** in the amount of four thousand
    three hundred dollars (\$4,300) for violation of Section 301 of the
    Act.[^8]

6.  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.

7.  **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by First Class and Certified Mail Return Receipt Requested to Ronald
    Mondgock at his address of record.

    FEDERAL COMMUNICATIONS COMMISSION

    G. Michael Mofffitt

    Acting Regional Director, Northeast Region

    Enforcement Bureau

[^1]: 47 U.S.C. § 301.

[^2]: *Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    200732400002 (Enf. Bur., Philadelphia Office, rel. August 15, 2007).

[^3]: 47 U.S.C. § 503(b).

[^4]: 47 C.F.R. § 1.80.

[^5]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999).

[^6]: 47 U.S.C. § 503(b)(2)(E).

[^7]: *See PJB Communications of Virginia, Inc*., 7 FCC Rcd 2088, 2089
    (1992) (forfeiture not deemed excessive where it represented
    approximately 2.02 percent of the violator's gross revenues); *Local
    Long Distance, Inc.,* 16 FCC Rcd 24385 (2000) (forfeiture not deemed
    excessive where it represented approximately 7.9 percent of the
    violator's gross revenues); *Hoosier Broadcasting Corporation,* 15
    FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
    represented approximately 7.6 percent of the violator's gross
    revenues).

[^8]: 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4); 47
    U.S.C. § 301.