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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
VIDA ABUNDANTE ) File No. EB-07-LA-296
Licensee of Radio Station KJVA-LP )
Facility ID # 124517 )
) NOV No. V20073290016
San Bernandino, California )
)
NOTICE OF VIOLATION
Released: September 12, 2007
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 VIDA ABUNDANTE, licensee of radio
station KJVA-LP in San Bernardino, CA.
2. On August 13, 2007, an agent of the Enforcement Bureau's Los Angeles
office inspected radio station KJVA-LP located at San Bernardino, CA,
and observed the following violations:
a. 47 C.F.R. S: 73.840: "The operating transmitter power output (TPO) of
an LPFM station with an authorized TPO of more than ten watts must be
maintained as near as practicable to its authorized TPO and may not
be... greater that 105% of the maximum authorized TPO." When the Los
Angeles agent inspected the station, the output power of the
transmitter was observed to be 917 watts as opposed to 218 watts
specified on the station authorization.
b. 47 C.F.R S: 73.845: "Each LPFM licensee is responsible for
maintaining and operating its broadcast station in a manner that
complies with the technical rules set forth elsewhere in this part
and in accordance with the terms of the station authorization. In the
event that an LPFM station is operating in a manner that is not in
compliance with the technical rules set forth elsewhere in this part,
or the terms of the station authorization, broadcast operation must
be terminated within three hours." When the Los Angeles agent
inspected the station, it was found to be operating from 34DEG 09'
32'' north latitude, 117DEG 18' 55'' west longitude, a location 1.06
miles from that authorized by the station authorization.
Additionally, the antenna in use was not as specified on the license,
provided approximately 5dB of power gain which, when multiplied by
the 917 watts TPO, resulted in an effective radiated power for the
station of approximately 2900 watts, which is 29 times the level
authorized by the station authorization.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, VIDA ABUNDANTE, must
submit a written statement concerning this matter within 20 days of
release of this Notice. The response must fully explain each
violation, must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and should include a
time line for completion of pending corrective action(s). The response
must be complete in itself and signed by a principal or officer of
VIDA ABUNDANTE. 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., Suite 660
Cerritos, CA 90703
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to VIDA ABUNDANTE at its address of record.
5. 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. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Catherine Deaton
District Director
Los Angeles District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission