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Ondas De Vida, Inc., Pomona, CA

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Released: May 23, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Ondas De Vida, Inc. )
Licensee of Station K212GC
) File No.: EB-FIELDWR-13-00008609
)
Pomona, California
) NOV No.: V201332900026
)
)
)

NOTICE OF VIOLATION

Released: May 23, 2013

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 (Rules)1 to Ondas De Vida, Inc., licensee of FM translator 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 violation(s) noted herein.2
2.
On April 26, 2013, in response to a licensee complaint of interference on 91.9 MHz, an
agent 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. The agent made contact with
Ondas De Vida, Inc. to schedule access to the site in order to conduct an inspection and in the interim
Ondas De Vida, Inc. reduced power to station K212GC which eliminated the interference. On April 29,
2013, the K212GC station engineer advised the Los Angeles agent that the interference was caused by the
removal of station K212GC’s RF bandpass filter which was sent to a service company for
maintenance/repair.
a.
47 C.F.R. § 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 investigation, translator station K212GC on 90.3 MHz was
causing actual interference to licensed full-service station KVCR(FM) on
91.9 MHz.


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).

Federal Communications Commission

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). Furthermore, we request a statement as to how K212GC
demonstrated compliance with Section 74.1236 of the Rules, emission and bandwidth, when it continued
to operate without a RF bandpass filter within its transmission system. 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 District Office
18000 Studebaker Road., #660
Cerritos, California 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.
2

Federal Communications Commission

7.
The Privacy Act of 19747 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
Charles A. Cooper
District Director
Los Angeles District Office
Western Region
Enforcement Bureau


7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
3

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