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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Ondas De Vida Network, Inc. ) File Nos. EB-10-LA-0031
Licensee of Radio Station KODV(FM) )
Facility ID # 122214 ) NOV No. V201032900016
Barstow, California )
NOTICE OF VIOLATION
Released: July 8, 2010
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 Network, Inc.
("Ondas"), licensee of FM Broadcast radio station KODV(FM), Barstow ,
California.. This Notice may be combined with a further action, if
further action is warranted.
2. On February 25, 2010, an agent of the Enforcement Bureau's Los
Angeles Office inspected KODV, located at 16149 Yates Road,
Victorville, California, and observed the following violations:
a. 47 C.F.R. S: 11.15 " The EAS Operating Handbook states in summary form
the actions to be taken by personnel at EAS Participant facilities upon
receipt of an EAN, an EAT, tests, or State and Local Area Alert. It is
issued by the FCC and contains instructions for the above situations. A
copy of the Handbook must be located at normal duty positions or EAS
equipment locations when an operator is required to be on duty and be
immediately available to staff responsible for authenticating messages and
initiating action." At the time of inspection, the Los Angeles agent
observed that radio station KODV did not have an EAS Operating Handbook
available to station staff.
b. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of
any failure to receive the required tests or activations specified in
Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons
why any tests were not received or sent must be made in the broadcast
station log as specified in Sections 73.1820 and 73.1840 of this chapter
for all broadcast streams . . . . " At the time of the inspection, the
Los Angeles agent found that there were no entries in the station log
indicating why tests had not been re-transmitted over the four months
prior to the inspection.
c. 47 C.F.R. S: 11.61(a): "EAS Participants shall conduct tests at
regular intervals as specified in paragraphs (a)(1) and (a)(2) of this
section. Additional tests may be performed anytime. EAS activations and
special tests may be performed in lieu of the required tests as specified
in paragraph (a)(4) of this section. All tests will conform with the
procedures in the EAS Operating Handbook." At the time of inspection KODV
failed to insure that all tests of the EAS system were conducted over the
four months prior to the inspection.
3. As the nation's emergency warning system, the Emergency Alert System
is critical to public safety, and we recognize the vital role that
broadcasters play in ensuring its success. The Commission takes
seriously any violations of the Rules implementing the EAS and expects
full compliance from its regulatees. Pursuant to Section 403 of the
Communications Act of 1934, as amended, and Section 1.89 of the
Commission's Rules, we seek additional information concerning the
violations and any remedial actions the station may have taken.
Therefore, Ondas, must submit a written statement concerning this
matter within twenty (20) days of release of this Notice. The response
(i) must fully explain each violation, including all relevant
surrounding facts and circumstances, (ii) must contain a statement of
the specific action(s) taken to correct each violation and preclude
recurrence, and (iii) must include a time line for completion of any
pending corrective action(s). The response must be complete in itself
and must not be abbreviated by reference to other communications or
answers to other notices.
4. In accordance with Section 1.16 of the Commission's Rules, we direct
Ondas, to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Ondas, with personal knowledge of the
representations provided in Ondas De Vida Network, Inc.'s response,
verifying the truth and accuracy of the information therein, and
confirming that all of the information requested by this Notice which
is in the licensee's possession, custody, control, or knowledge has
been produced. To knowingly and willfully make any false statement or
conceal any material fact in reply to this Notice is punishable by
fine or imprisonment under Title 18 of the U.S. Code.
5. 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 District Office
18000 Studebaker Rd., Ste 660
Cerritos, CA 90703
6. This Notice shall be sent to Ondas De Vida Network, Inc., at its
address of record.
7. 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.
FEDERAL COMMUNICATIONS COMMISSION
Nader Haghighat
District Director
Los Angeles District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's Rules provides that "[a]ny document to be
filed with the Federal Communications Commission and which is required by
any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration,
verification, certificate, statement, oath or affidavit by the person
making the same, may be supported, evidenced, established or proved by the
unsworn declaration, certification, verification, or statement in writing
of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially
the following form . . . : `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
2
Federal Communications Commission