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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Ondas De Vida, Inc. ) File No. EB-08-LA-0349
Licensee of Radio Station K205DZ )
) NOV No. V200932900007
Facility ID # 91086 )
)
)
)
NOTICE OF VIOLATION
Released: August 7, 2009
By the 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 Ondas De Vida, Inc., licensee of
radio station K205DZ in Devore, California.
2. On April 16, 2009, an agent of the Enforcement Bureau's Los Angeles
Office inspected radio station K205DZ located at 34DEG15'19" north
latitude, 117DEG21'43" west longitude (San Bernardino National Forest
- Bailey Peak), and observed the following violations:
a. 47 C.F.R. S: 74.1251: Technical and equipment modifications - (b)(2)
Formal application on FCC Form 349 is required of all permittees and
licensees for any of the following changes: "A change in the
transmitting antenna system including the direction of radiation or
directive antenna pattern." At the time of the inspection, the Los
Angeles agent observed that the antenna's orientation was not
consistent with the station's authorization.
b. 47 C.F.R. S: 74.1251 Technical and equipment modifications - (b)(7)
Formal application on FCC Form 349 is required of all permittees and
licensees for any of the following changes: "Any increase of
authorized effective radiated power." At the time of inspection, the
Los Angeles agent observed that the indicated transmitter output was
11 watts or an ERP of approximately 28 watts. The agent research
revealed that K205DZ is authorized a maximum of 10 watts ERP
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Ondas De Vida, Inc., 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 an officer of the Ondas De
Vida, Inc. 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 Rd., Suite 660
Cerritos, California 90703
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Ondas DeVida, Inc. 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
Nader Haghighat
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