Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Seventh-Day Adventist Community
Health Serv. of Greater NY ) File No. EB-08-NY-0146
Licensee of Station W32DF ) NAL/Acct. No. 200932380005
Hempstead, New York ) FRN: 0011503620
Facility ID # 155 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 22, 2009
By the District Director, New York Office, Northeast Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Seventh-Day Adventist Community Health Serv. of Greater NY
("SDACH"), licensee of Low-Power Television (LPTV) station W32DF in
Hempstead, New York, apparently willfully and repeatedly violated
Sections 1.903(a), 1.903(b), and 11.35(a) of the Commission's Rules
("Rules) by operating with an unauthorized antenna model and
orientation, operating from an unauthorized location, and failing to
install required Emergency Alert System (EAS) equipment. We conclude,
pursuant to Section 503(b) of the Communications Act of 1934, as
amended ("Act"), that SDACH is apparently liable for a forfeiture in
the amount of nineteen thousand dollars ($19,000).
2. On April 9, 2008, The FCC's Enforcement Bureau received a complaint
from a licensed New York area broadcaster alleging that Station W32DF
was operating with an unauthorized antenna model and orientation,
resulting in an unauthorized radiation pattern which was causing
harmful interference to its station. The complaint was referred to the
FCC's New York Office for further investigation.
3. SDACH is authorized by its license, File No. BLTTL-20080201BPD, to
operate LPTV station W32DF, Hempstead, NY, on channel 32 located at a
transmitter site in Hicksville, NY. Specifically, Station W32DF's
construction permit, File No. BPTTL-20040910AAX (expired), and current
station license to cover the construction permit authorize operation
at antenna coordinates 40DEG 45' 27" north latitude and 73DEG 32' 58"
west longitude, with a Micro Communications Inc. (MCI) Model 955314
directional antenna and major lobe directions of 40DEG and 130DEG,
consistent with SDACH's proposal in its underlying application for
construction permit. W32DF's application for construction permit
included a signed Engineering Statement proposing use of the model
955314 antenna, and a map of the station's predicted service contour,
with major lobe directions at 40DEG and 130DEG, and a general pattern
direction facing easterly at 85DEG. The contour overlap and
interference studies included in the application are based on this
proposed pattern. On its application for broadcast station license to
cover the construction permit, File No. BLTTL-20080201BPD, filed
February 1, 2008, SDACH certified in Section II that "apart from
changes already reported, no cause or circumstance has arisen since
the grant of the underlying construction permit which would result in
any statement or representation contained in the construction permit
application to be now incorrect." SDACH certified in Section III and
Exhibit 7 of the license application that W32DF was constructed as
authorized in the underlying construction permit except for a change
of ERP from 20 kW to 3 kW. SDACH did not report any changes in the
antenna model or orientation.
4. On April 24, 2008, agents from the Commission's New York Office
conducted an inspection of LPTV station W32DF's antenna and
transmitter site located at 34 Charlotte Ave, Hicksville, NY 11801,
which is approximately 700 feet from the station's authorized
location. The station was observed to be broadcasting on television
channel 32 from a single-panel directional antenna mounted atop a
34-meter tower at coordinates 40DEG 45' 29.9" north latitude and
073DEG 32' 49.2" west longitude, approximately 0.225 km (737 ft.)
east-northeast of the authorized location. The agents observed that
there were no station personnel at the site, and that there was no
call sign and no station contact information posted at the structure
or anywhere else at the site. The agents also observed that there was
no EAS decoder installed as required for a LPTV station. The agents
determined that the panel antenna was oriented at approximately 230DEG
relative to true North. The agents then took calibrated field strength
measurements of the station's signal at various points around the
W32DF transmitter, which indicated extremely low readings in all
eastern directions, and the strongest readings to the southwest. By
far, the strongest signals measured were at 217DEG and 246DEG,
confirming an unauthorized radiation pattern consisting of a single
lobe direction of approximately 230DEG.
5. On May 1, 2008, an agent spoke by telephone to SDACH's consulting
engineer for W32DF, and advised him that the W32DF antenna was pointed
in the wrong direction and was the wrong type. The engineer stated
that the station did a recent installation and was hoping to get its
digital channel 20 on the air soon. He stated that the licensee did
not obtain the antenna authorized in its construction permit and that
the actual antenna as installed is a single panel antenna oriented at
approximately 220DEG to 230DEG as is specified in the station's
digital construction permit. He stated that he would have the station
turned off until he could file a change with the FCC for antenna type
and orientation that would produce the allowable contour and that he
would then turn the antenna to the authorized direction.
6. Also on May 1, 2008, the agent spoke by telephone to SDACH's director,
who stated that he was also the W32DF station manager. The agent
advised him of the interference complaint, the violations observed for
the wrong antenna type and orientation. The director stated that he
and the consulting engineer were both at the transmitter site
recently, where the engineer directed the installation of a new
transmitter and antenna by an antenna installation company. The agent
requested that the director fax to the New York Office all available
information regarding the exact model and directional orientation of
the antenna, and when and who installed it.
7. On May 5, 2008, the agent again spoke with SDACH's director, who
stated that the station was still on the air, and would be shut down
later in the day. The agent advised him that the antenna site is over
700 feet from the authorized site, and requires application to the FCC
to change the license to the correct coordinates. In response to
questions, the director also confirmed that W32DF did not have any EAS
8. The New York Office received a fax from the director on SDACH
letterhead which included the specification sheet for the antenna
installed (SIRA model UTV-01/E UHF Panel Antenna), an estimated bill
for the antenna and an Elettronica transmitter, and a copy of the
W32DF station license. The specifications for the UTV-01/E antenna
show that it is a single panel directional antenna which produces a
narrow single lobe radiation pattern. The director also included in
the fax contact information for the antenna installation company.
9. On May 7, 2008, the agent again spoke with SDACH's director who stated
that the station was still on the air. The agent advised the director
that SDACH may be subject to a fine for the violations, especially for
continued operation with unauthorized facilities after being warned of
the violations and the interference that the station was causing to
10. On June 24 and 26, 2008, the agent contacted the antenna installation
company's president, who confirmed that his company installed the
W32DF antenna, a SIRA model UTV-01/E UHF panel antenna, for SDACH on
January 29, 2008.
11. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty. The term "willful" as used in Section 503(b) has been
interpreted to mean simply that the acts or omissions are committed
knowingly. The term "repeated" means the commission or omission of
such act more than once or for more than one day.
12. Section 1.903(a) of the Rules provides that stations in the Wireless
Radio Service must be used and operated only in accordance with the
rules applicable to their particular service and with a valid
authorization granted by the Commission. Section 1.903(b) provides
that the holding of an authorization does not create any rights beyond
the terms, conditions and period specified in the authorization.
SDACH's station license authorizes SDACH to operate station W32DF with
a Micro Communications Inc. (MCI) Model 955314 directional antenna and
major lobe directions of 40DEG and 130DEG at antenna coordinates
40DEG 45' 27" north latitude and 73DEG 32' 58" west longitude. During
an inspection conducted on April 24, 2008, Commission agents
determined that the station was broadcasting with an unauthorized
single-panel directional antenna oriented at approximately 230DEG from
an unauthorized location. SDACH's consulting engineer admitted that
the licensee did not obtain the authorized antenna for station W32DF
and that the actual antenna as installed is a single-panel antenna
oriented at approximately 220DEG to 230DEG. Both SDACH's director and
the president of the antenna installation company confirmed that the
antenna installed is a single-panel, SIRA model UTV-01/E UHF Panel
Antenna. On May 1 and 5, 2008, an agent verbally warned SDACH's
director of the violations. Notwithstanding these warnings, the
director admitted that the station was still on the air and operating
with unauthorized facilities as of May 7, 2008; we therefore find that
the violation was willful. Because the violation occurred for more
than one day, we find that the violation was repeated.
13. Section 11.35(a) of the Rules provides that EAS Participants are
responsible for ensuring that EAS Encoders, EAS Decoders, and
Attention Signal generating and receiving equipment used as part of
the EAS are installed so that the monitoring and transmitting
functions are available during the times the stations are in
operation. Section 11.11(a) requires LPTV stations that do not operate
as translator stations to have an EAS decoder installed. Commission
agents conducted an inspection of W32DF's transmitting facilities on
April 24, 2008, and determined that the station did not have any EAS
equipment installed. In response to an agent's questions, SDACH's
director stated that W32DF did not have any EAS equipment installed.
We find that SDACH willfully and repeatedly failed to install an EAS
14. Based on the evidence before us, we find that SDACH apparently
willfully and repeatedly violated Sections 1.903(a), 1.903(b), and
11.35(a) of the Rules by failing to operate its station in accordance
with the terms of the station authorization by operating with an
antenna model and orientation not authorized by its station license,
operating at an unauthorized location, and failing to install required
Emergency Alert System (EAS) equipment.
15. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
base forfeiture amount for failure to maintain directional pattern
within prescribed parameters is $7,000, the base forfeiture amount for
construction or operation at an unauthorized location is $4,000, and
the base forfeiture amount for failure to install EAS equipment is
$8,000. In assessing the monetary forfeiture amount, we must also take
into account the statutory factors set forth in Section 503(b)(2)(E)
of the Act, which include the nature, circumstances, extent, and
gravity of the violations, and with respect to the violator, the
degree of culpability, and history of prior offenses, ability to pay,
and other such matters as justice may require. Applying the Forfeiture
Policy Statement, Section 1.80 of the Rules, and the statutory factors
to the instant case, we conclude that SDACH is apparently liable for
a $19,000 forfeiture.
IV. ORDERING CLAUSES
16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311,
.314 and 1.80 of the Commission's Rules, Seventh-Day Adventist
Community Health Serv. of Greater NY is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand
dollars ($19,000) for violations of Sections 1.903(a), 1.903(b), and
11.35(a) of the Rules.
17. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's Rules, within thirty days of the release date of this
Notice of Apparent Liability for Forfeiture, Seventh-Day Adventist
Community Health Serv. of Greater NY SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
18. Payment of the forfeiture must be made by credit card, check or
similar instrument, payable to the order of the Federal Communications
Commission. The payment must include the Account Number and FRN Number
referenced above. Payment by check or money order may be mailed to
Federal Communications Commission, P.O. Box 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank Federal Reserve Bank of New York, and
account number 27000001. For payment by credit card, an FCC Form 159
(Remittance Advice) must be submitted. When completing the FCC Form
159, enter the NAL/Account number in block number 23A (call sign/other
ID), and enter the letters "FORF" in block number 24A (payment type
code). Requests for full payment under an installment plan should be
sent to: Chief Financial Officer -- Financial Operations, 445 12th
Street, S.W., Room 1-A625, Washington, D.C. 20554. If you have
questions, please contact the Financial Operations Group Help Desk at
1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made,
Seventh-Day Adventist Community Health Serv. Of Greater NY will send
electronic notification on the date said payment is made to
19. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Northeast Region, New York Office, 201
Varick Street, New York, NY 10014 and must include the NAL/Acct. No.
referenced in the caption.
20. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner submits:
(1) federal tax returns for the most recent three-year period; (2)
financial statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable and
objective documentation that accurately reflects the petitioner's
current financial status. Any claim of inability to pay must
specifically identify the basis for the claim by reference to the
financial documentation submitted.
21. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, to Seventh-Day Adventist Community Health
Serv. of Greater NY, at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
New York District Office
47 C.F.R. S: 1.903(a), 1.903(b), 11.35(a).
47 U.S.C. S: 503(b).
According to specifications, the MCI Model 955314 has 4 "bays" or vertical
levels, with each "bay" consisting of two panel antennas, oriented outward
at 90DEG relative to each other. This produces two relatively narrow
overlapping major lobe directions 90DEG apart, resulting in a "narrow
cardioid" radiation pattern with a general pattern direction at 45DEG. The
model 955314 is a standard antenna, antenna ID 20059, found in the FCC's
CDBS Public Access Antenna Database. The standard radiation pattern, or
Relative Field Polar Plot, for the model 955314 shows the major lobe
directions at 0DEG and 90DEG. W32DF's application for construction permit
specifies use of an MCI 955314 antenna with a 40DEG antenna rotation,
resulting in major lobe directions at 40DEG and 130DEG, with a general
pattern direction facing easterly at 85DEG.
The Construction Permit and Station License were originally issued with a
typographical error, stating the major lobe directions as 40DEG and
230DEG. This is inconsistent with the construction permit application and,
in fact, is not possible. With lobes at 90DEG apart for the MCI model
955314 and a 40DEG rotation, the resulting major lobe directions must be
at 40DEG and 130DEG. The error was corrected by Media Bureau's Video
Division on June 26, 2008, and corrected license was mailed to SDACH.
SDACH has a construction permit to operate a digital low power TV station
on Ch. 20 in Hempstead, NY (W20CQ-D, Facility ID # 168738).
Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
violations for which forfeitures are assessed under Section 503(b) of the
Act, provides that "[t]he term 'willful', when used with reference to the
commission or omission of any act, means the conscious and deliberate
commission or omission of such act, irrespective of any intent to violate
any provision of this Act or any rule or regulation of the Commission
authorized by this Act...." See Southern California Broadcasting Co., 6
FCC Rcd 4387 (1991).
Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
to violations for which forfeitures are assessed under Section 503(b) of
the Act, provides that "[t]he term 'repeated', when used with reference to
the commission or omission of any act, means the commission or omission of
such act more than once or, if such commission or omission is continuous,
for more than one day."
Section 1.901 of the Rules provides that "[t]he purpose of these rules is
to establish the requirements and conditions under which entities may be
licensed in the Wireless Radio Services as described in this part and in
parts. . . 74. . . of this chapter." Section 1.907 of the Rules defines
"Wireless Radio Services" as "[a]ll radio services authorized in parts. .
.74. . . of this chapter, whether commercial or private in nature." We
also note that Section 74.751(b)(2) of the Rules provides that formal
application using FCC Form 346 is required for any change in the
transmitting antenna system, including the direction of radiation and
directive antenna pattern. Section 73.3538(a)(4) of the Rules, which
applies to Part 74 stations pursuant to 47 C.F.R. S: 74.780, provides that
prior authority is required for "[a]ny change in the location, height, or
directional radiating characteristics of the antenna or antenna system."
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 1.903(a),
See 47 C.F.R. S: 1.1914.
Federal Communications Commission
Federal Communications Commission