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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Alma Vision Hispanic Network ) File No. EB-08-LA-0176
Licensee of Low Power Television Station K55KD )
Facility ID # 52216 ) NOV No. V200832900014
Los Angeles, California )
NOTICE OF VIOLATION
Released: September 30, 2008
By the Acting Interim District Director, Los Angeles Office, Western
Region, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Alma Vision Hispanic Network,
licensee of low power television station K55KD in Los Angeles,
California.
2. On July 30, 2008, in response to a complaint, an agent of the
Enforcement Bureau's Los Angeles Office inspected low power television
station K55KD located at Mt Wilson, Los Angeles, California, and
observed the following violations:
a. 47 C.F.R. S: 74.751(b)(7): No changes may be made in the transmission
system of a low power television station without prior authority of
the Commission, including a change in authorized operating power. At
the time of inspection, the Los Angeles agent observed that station
K55KD, which is authorized by special temporary authority to operate
at 5 kW effective radiated power (ERP) was operating at approximately
11.7 kW ERP, without obtaining prior Commission authority.
b. 47 C.F.R. S: 74.761(b): Frequency tolerance. "The visual carrier
shall be maintained to within 0.002 percent of the assigned visual
carrier frequency for transmitters rated at more than 100 watts peak
visual power." Station K55KD has an assigned visual carrier frequency
of 729.250 MHz resulting in a frequency tolerance of 14.6 kHz. At the
time of the inspection, the Los Angeles agent observed that the
visual carrier frequency being used by station K55KD was 729.399 MHz,
149 kHz beyond its assigned visual carrier frequency.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Alma Vision Hispanic
Network, must submit a written statement concerning this matter within
20 days of release of this Notice. The response must fully explain
each violation, must contain a statement of the specific action(s)
taken to correct each violation and preclude recurrence, and should
include a time line for completion of pending corrective action(s).
The response must be complete in itself and signed by a principal or
officer of the Alma Vision Hispanic Network. All replies and
documentation sent in response to this Notice should be marked with
the File No. and NOV No. specified above, and mailed to the following
address:
Federal Communications Commission
Los Angeles Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Alma Vision Hispanic Network at its
address of record.
5. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Margaret Egler
Acting Interim District Director
Los Angeles District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission