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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-16-00021541
Licensee of Station K284CD ) NOV No.: V201732900002
)
)
Quartz Hill, California ) Facility ID: 141344
NOTICE OF VIOLATION
Released: March 2, 2017
By the Regional Director, Region Three, Enforcement Bureau:
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. (Ondas De
Vida), licensee of FM translator station K284CD, Quartz Hill, California
(Facility ID No. 141344) (Station). 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.
On February 22, 2017 an agent of the Enforcement Bureau's Los Angeles
Field Office inspected the Station operating in Palmdale, California,
and observed the following violation(s):
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
inspection on February 22, 2017 the agent observed the Station
operating from a unauthorized location with the geographic
coordinates of 34° 30' 53" North Latitude, 118° 05' 12" West
Longitude. This location is several miles distant from the
location authorized on the Station's license or the currently
authorized construction permit. In addition, during the
February 22, 2017 inspection, the agent observed the Station
operating with a Crown FM-30 transmitter, which indicated
a transmitter power output (TPO) of 15 Watts. Based on the
antenna location and configuration, the agent estimated the
station operated with an effective radiated power (ERP) of 60
Watts, which exceeds the 8 Watts ERP authorized in the License
and the 10 Watts ERP authorized in the Construction Permit.
47 C.F.R. § 74.1231(b) "An FM translator may be used for
the purpose of retransmitting the signals of a primary AM or
FM radio broadcast station or another translator station the
signal of which is received directly through space, converted,
and suitably amplified, and originating programming to the
extent authorized in paragraphs (f), (g), and (h) of this
section." At the time of the monitoring and inspection, the
Station was not transmitting the programming of the associated
primary station specified in the License (KODV(FM), Barstow
California (Facility ID No. 122214)). Instead, the agent
found that the Station was transmitting original programming
from another source for extended periods of time.
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
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.
In accordance with Section 1.16 of the Rules, we direct Ondas De Vida
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 with personal knowledge of the representations provided
in Ondas De Vida'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.
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
This Notice shall be sent to Ondas De Vida Network, Inc., at its address
of record.
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
Lark Hadley
Regional Director, Region Three