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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Atlanticare Medical Center EMS ) File No. EB-FIELDNER-12-00004868

   Licensee of Radio Service WQME366 )

   Hammonton, New Jersey ) NOV No. V201332400004

   )

   )

                              NOTICE OF VIOLATION

   Released: November  20, 2012

   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 (Rules) to Atlanticare Medical Center EMS
       (Atlanticare), licensee of Private Land Mobile Station WQME366 in
       Hammonton, New Jersey. Pursuant to Section 1.89(a) of the Rules,
       issuance of this NOV does not preclude the Enforcement Bureau from
       further action if warranted, including issuing a Notice of Apparent
       Liability for Forfeiture for the violation noted herein.

    2. October 17, 2012, agents of the Enforcement Bureau's Philadelphia
       Office monitored the transmissions on 154.4825 MHz from Station
       WQME366 in Hammonton, New Jersey, and observed the following
       violation:

   47 C.F.R. S: 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." At the
   time of the inspection, the agents found Atlanticare operating a mobile
   relay station at an unauthorized location on a municipal water tower along
   N. Liberty Street Road in Hammonton, New Jersey near the coordinates 39o
   38' 49.25" North Latitude 074 o  47' 44.0" West Longitude. The license for
   Station WQME366 authorizes the use of a mobile relay station at the
   coordinates 39o 32' 01.4" North Latitude 074 o  40' 58.6" West Longitude
   in Egg Harbor City, New Jersey. Station WQME366 is operating at a location
   9.8 miles from the location authorized in its license. In addition,
   Atlanticare was transmitting digital emissions on the frequency 154.4825
   MHz. The license for Station WQME366 only authorizes FM  narrowband analog
   voice emissions (F3E) on the frequency  154.4825 MHz. The F3E class of
   emission does not authorize digital transmissions.

    3. 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,
       Atlanticare 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.

    4. In accordance with Section 1.16 of the Rules, we direct Atlanticare to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Atlanticare with personal knowledge of the representations provided in
       Atlanticare 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.

    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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    6. This Notice shall be sent to Atlanticare Medical Center EMS at its
       address of record.

    7. 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

   David C. Dombrowski

   District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

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

   47 C.F.R. S: 1.89(c).

   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. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

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

   Federal Communications Commission

   3

                       Federal Communications Commission