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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Presbyterian Hospital, Inc. ) File No. EB-07-SE-095
New York, New York 10032 )
MEMORANDUM OPINION AND ORDER
Adopted: March 11, 2008 Released: March 13, 2008
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. In this Memorandum Opinion and Order, we admonish Presbyterian
Hospital, Inc. ("Presbyterian Hospital"), former licensee of Private
Land Mobile Radio Service ("PLMRS") station KNS481, for operating its
PLMRS station without Commission authority and for failing to file a
timely renewal application for the station. Presbyterian Hospital
acted in apparent willful and repeated violation of Section 301 of the
Communications Act of 1934, as amended, ("Act") and Sections 1.903(a)
and 1.949(a) of the Commission's Rules ("Rules") by failing to file a
timely renewal application for station KNS481 and for continued
operation of that station from May 22, 2002 to August 5, 2003.
2. On April 18, 1997, Presbyterian Hospital was granted a license renewal
for PLMRS station KNS481 with an expiration date of May 21, 2002.
Presbyterian Hospital did not file a renewal application, and
consequently its license to operate station KNS481 expired on May 21,
2002. On February 13, 2007, Presbyterian Hospital filed an application
with the Wireless Telecommunications Bureau ("WTB") for special
temporary authority ("STA") to operate on the KNS481 frequencies. On
February 22, 2007, Presbyterian Hospital filed a modification to its
STA request, and on February 27, 2007, filed an application for a new
license. WTB granted Presbyterian Hospital's modified STA request
under call sign WQGK659 on February 26, 2007, and subsequently issued
Presbyterian Hospital a new license, WQGQ798, on March 27, 2007.
3. Because it appeared that Presbyterian Hospital may have operated
KNS481 after the expiration of its license, WTB referred this case to
the Enforcement Bureau for investigation and possible enforcement
action. On July 30, 2007, the Enforcement Bureau's Spectrum
Enforcement Division issued a letter of inquiry ("LOI") to
4. On September 25, 2007, the Enforcement Bureau received Presbyterian
Hospital's LOI Response. In its Response, Presbyterian Hospital admits
that it failed to file a timely renewal application for station KNS481
and that it operated that station without authority after the license
had expired. Presbyterian Hospital states that it became aware that
its license had expired in May 2003, but because of the hazardous
location of its facilities and the high number of dangerous incidents
within its facilities, it could not discontinue its operations on the
KNS481 frequencies. Presbyterian Hospital states that upon learning
that its license had expired, it immediately contacted an FCC
application facilitator to prepare a new application and STA request
for the same frequencies it used under its license for station KNS481.
According to Presbyterian Hospital, the applications were subsequently
forwarded to the frequency coordinator, Personal Communications
Industry Association ("PCIA"); however, PCIA advised Presbyterian
Hospital in July 2003 that it would be impossible to obtain a new
license with those frequencies, as those frequencies were now licensed
to Atlantic Telecommunications ("AT"). Presbyterian Hospital states
that in August 2003, it made arrangements with AT to use the same
frequencies previously authorized under its license for station
5. Presbyterian Hospital states that it operated on AT's licensed
frequencies under an informal agreement with AT from August 2003 until
February 8, 2007, when it received a call from AT informing
Presbyterian Hospital that its operations were causing interference to
a new customer using one of AT's licensed frequencies. Presbyterian
Hospital further states that after a number of follow-up telephone
calls with AT, it learned that AT wanted Presbyterian Hospital off
AT's frequencies by the end of February 2007. Presbyterian Hospital
states that it immediately took steps to research and coordinate
available frequencies, order and install new equipment, and before the
end of February 2007, began operating under a Commission license on
6. Section 301 of the Act and Section 1.903(a) of the Rules prohibit the
use or operation of any apparatus for the transmission of energy or
communications or signals by a wireless radio station except under,
and in accordance with, a Commission granted authorization.
Additionally, Section 1.949(a) of the Rules requires that licensees
file renewal applications for wireless radio stations, "no later than
the expiration date of the authorization for which renewal is sought,
and no sooner than 90 days prior to expiration." Absent a timely filed
renewal application, a wireless radio station license automatically
7. As a Commission licensee, Presbyterian Hospital was required to
maintain its authorization in order to operate its PLMRS station.
Presbyterian Hospital admits that it failed to file a timely renewal
application for station KNS481 and that it operated that station
without Commission authority after the license expired on May 21,
2002. Presbyterian Hospital's unauthorized use of the KNS481
frequencies continued until August 5, 2003, when it obtained AT's
consent to operate on AT's licensed frequencies. Based on the
information before us, we find that Presbyterian Hospital was
operating on the KNS481 frequencies without authority from May 22,
2002, until it made arrangements with AT to use AT's licensed
frequencies on August 5, 2003.
8. Although we believe that a monetary forfeiture would be warranted for
Presbyterian Hospital's failure to file a timely renewal application
and for unauthorized operations from May 22, 2002 until August 5,
2003, we note that the statute of limitations for proposing such a
forfeiture is one year from the date of violation. Accordingly, based
upon our review of the facts and circumstances in this case, and
because we are barred by the one-year statute of limitations from
proposing a forfeiture for these violations, we admonish Presbyterian
Hospital for violating Section 1.949(a) of the Rules by failing to
timely renew its license for KNS481 and for violating Section 301 of
the Act and Section 1.903(a) of the Rules by operating that station
without authorization after the expiration of its license. We caution
Presbyterian that any violations of future license provisions may
result in additional sanctions.
IV. Ordering Clauses
9. Accordingly, IT IS ORDERED that Presbyterian Hospital, Inc. IS
ADMONISHED for operating former PLMRS station KNS481 without authority
and for failing to timely file a renewal application as required by
Section 301 of the Act, 47 U.S.C. S: 301, and Sections 1.903 and 1.949
of the Rules, 47 C.F.R. S:S: 1.903(a) and 1.949(a).
10. IT IS FURTHER ORDERED that copies of this Memorandum Opinion and Order
shall be sent by first class mail and certified mail, return receipt
requested, to counsel for Presbyterian Hospital, Inc., Thomas P. Van
Wazer, Esq., Sidley Austin LLP, 1501 K Street N.W., Washington, D.C.
20005 and Richard Irizarry, Director of Security, Presbyterian
Hospital, Inc., 622 W 168th St., New York, N.Y. 10032.
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
47 U.S.C. S: 301.
47 C.F.R. S:S: 1.903(a) and 1.949(a).
KNS481 was licensed to operate on frequencies 472.2875/472.7625 MHz
(repeater stations) and 475.2875/475.7625 MHz (mobile units).
File No. 0002911545.
File No. 0002921486.
File No. 0002928272.
WTB granted Presbyterian Hospital's initial STA request on February 15,
2007. The modified STA request was granted on February 26, 2007. See File
File No. 0002928272.
Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission to Richard Irizarry,
Presbyterian Hospital (July 30, 2007).
Letter from Thomas P. Van Wazer, Esq., Sidley Austin LLP, Counsel for
Presbyterian Hospital, Inc., to Peter Waltonen, Esq., Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission,
(September 25, 2007) ("Response").
Response at 3.
Response at 5.
Response, Exhibit 2, Declaration of Richard Irizarry ("Irizarry
Declaration"), at para. 7. Mr. Irizarry is the Director of Security at
Presbyterian Hospital and is responsible for maintaining the two-way radio
equipment used by the Hospital's Security Department and the FCC license
authorizing those radio operations.
Id. at para. 8.
Id. at paras. 9-10; Exhibit 1, Declaration of William T. Greene ("Greene
Declaration"), at para. 11. Section 90.179 of the Rules permits PLMRS
licensees, such as AT, to share the use of their facilities with persons
not licensed for the facilities, either on a non-profit cost shared basis
or a for-profit private carrier basis. See 47 C.F.R. S: 90.179. AT is
classified as a for-profit private carrier and, under the Rules, is
permitted to allow entities it deems eligible to use its system. Unlike
licensees who operate on a non-profit cost shared basis, a written
agreement with each participant is not required. See 47 C.F.R. S:
Response, Greene Declaration at para. 13; Irizarry Declaration at para.
Response, Greene Declaration at para. 13.
Response, Greene Declaration at paras. 13-14; Irizarry Declaration at
47 U.S.C. S: 301; 47 C.F.R. S: 1.903(a).
47 C.F.R. S: 1.949(a).
47 C.F.R. S: 1.955(a)(1).
See, e.g., Eure Family Limited Partnership, Memorandum Opinion and Order,
17 FCC Rcd 21861, 21863-64 (2002) (licensee is responsible for compliance
with all Commission rules).
See 47 U.S.C. S: 503(b)(6)(B); 47 C.F.R. S: 1.80(c)(3).
(Continued from previous page)
Federal Communications Commission DA 08-552
Federal Communications Commission DA 08-552
NON-PUBLIC/FOR INTERNAL USE ONLY