Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

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.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Christiana Care Health Services. ) File No. EB-09-PA-0190

   Licensee of Radio Station WPKP328 )

   Newark, Delaware ) NOV No. V2010324000027 )

   )

                              NOTICE OF VIOLATION

   Released: February 18, 2010

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Christiana Care Health Services
       ("Christiana Health"), licensee of radio station WPKP328.

    2. On September 19, 2009 between 1:30 p.m. and 4:00 p.m., an agent of the
       Commission's Philadelphia Office monitored the transmissions from
       station WPKP328 on the frequency 163.250 MHz and observed the
       following violations:

     a. 47 C.F.R. S: 1.903(a): "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."
        Christiana Health was transmitting data on the frequency 163.250 MHz
        for a digital paging system. The license for station WPKP328 only
        authorizes FM analog telephony emissions (F3E) on the frequency
        163.250 MHz. The F3E class of emission does not authorize data
        transmissions.

     b. 47 C.F.R. S: 90.425(a): "Each station or system shall be identified
        by the transmission of the assigned call sign during each
        transmission or exchange of transmissions, or once each 15 minutes
        (30 minutes in the Public Safety Pool) during periods of continuous
        operation. The call sign shall be transmitted by voice in the English
        language or by International Morse Code in accordance with paragraph
        (b) of this section." Christiana Health failed to transmit the proper
        call sign identification KYZ204 on the frequency 163.250 MHz.
        Instead, Christiana Health was transmitting "DE CCHS BT TX" in Morse
        code on the frequency 163.250 MHz to identify station WPKP328.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Christiana Care
       Health Services must submit a written statement concerning this matter
       within twenty (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 the licensee. 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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    4. This Notice shall be sent to Christiana Care Health Services 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

   Gene J. Stanbro

   District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 308(b).

   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