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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
)
Ondas De Vida Network, Inc. ) File No. EB-FIELDWR-13-00006090
Licensee of Station K212GC )
)
Pomona, CA ) NOV No. V201332900007
NOTICE OF VIOLATION
Released: January 16, 2013
By the Acting 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 (Rules), to Ondas De Vida Network, Inc.,
licensee of radio station K212GC in Pomona, California. Pursuant to
Section 1.89(a) of the Rules, issuance of this Notice does not
preclude the Enforcement Bureau from further action if warranted,
including issuing a Notice of Apparent Liability for Forfeiture for
the violations noted herein.
2. On December 4, 2012, in response to a licensee complaint of
interference on 91.9 MHz, agents of the Enforcement Bureau's Los
Angeles Office located via direction finding techniques the mountain
top site that was the origination point of the interfering signal. On
December 12, 2012, agents gained access to that site, determined the
exact source of the interfering signal, and conducted an inspection.
The inspection revealed that the transmissions were a spur originating
from translator station K212GC licensed to Ondas De Vida Network,
Inc., which is authorized for operation on 90.3 MHz. The following
violation was observed:
a. 47 C.F.R. S: 74.1203(a)(1): "An authorized FM translator or booster
station will not be permitted to continue to operate if it causes any
actual interference to: (1) the transmission of any authorized
broadcast station." At the time of the inspection, station K212GC was
causing actual interference to licensed stations.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
Ondas De Vida Network, Inc. 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 Rules, we direct Ondas De Vida
Network, Inc. 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 De Vida Network, Inc. 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
18000 Studebaker Rd., Rm. 660
Cerritos, California 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
Margaret M. Egler
Acting District Director
Los Angeles 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: 308(b).
47 C.F.R. S: 1.89(c).
Section 1.16 of the 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
3
Federal Communications Commission