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Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
)
Ondas De Vida, Inc. ) File No.: EB-FIELDWR-16-00020978
Licensee of Station K256BS ) NOV No.: V201632900005
)
)
Palmdale, California ) Facility ID: 138849
NOTICE OF VIOLATION
Released: April 11, 2016
By the Acting District Director, Los Angeles Office, Region 3, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)
1
to Ondas De Vida, Inc., licensee of radio station K256BS in Palmdale,
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 violation(s) noted herein.
2
2. On February 24, March 2, and March 9, 2016, an agent of the Enforcement Bureau’s Los
Angeles Office monitored inspected radio station K256BS located on Hauser Peak, serving Palmdale,
California, and observed the following violation(s):
a. 47 C.F.R. § 1.903(a): “General rule. Stations in the Wireless Radio Services
must be used and operated only in accordance with the rules applicable to
their particular service as set forth in this title and with a valid authorization
granted by the Commission under the provisions of this part, except as
specified in paragraph (b) of this section.” During the inspections on
February 24 and March 2, 2016, the agent observed the station operating
with a Crown Model 250 transmitter which indicated a transmitter power
output (TPO) of 50 watts. The estimated effective radiated power (ERP) of
K256BS was 224 watts. This greatly exceeded the authorized ERP of 10
watts. On March 9, 2016, after contacting the licensee’s engineer and
bringing the violations to his attention, the agent met the engineer at the
transmitter site and observed the station operating with a Crown Model 30
1
47 C.F.R. § 1.89.
2
47 C.F.R. § 1.89(a).
Federal Communications Commission
2
transmitter with a measured TPO of 8.25 watts and an estimated ERP of 37
watts.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,
3
and
Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial
actions taken. Therefore, Ondas De Vida, 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
4. In accordance with Section 1.16 of the Rules, we direct Ondas De Vida, 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, Inc., with personal knowledge of the representations provided in
Ondas De Vida, Inc.’s response, verifying the truth and accuracy of the information therein,
5
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.
6
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 Office
18000 Studebaker Rd., #660
Cerritos, CA 90703
6. This Notice shall be sent to Ondas De Vida, Inc., at its address of record.
3
47 U.S.C. § 308(b).
4
47 C.F.R. § 1.89(c).
5
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. § 1.16.
6
18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
Federal Communications Commission
3
7. The Privacy Act of 1974
7
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
James Lyon
Acting District Director
Los Angeles Office
Enforcement Bureau
7
P.L. 93-579, 5 U.S.C. § 552a(e)(3).