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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     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                       )                               

                                FORFEITURE ORDER

   Adopted: February 18, 2010 Released: February 22, 2010

   By the Regional Director, Northeast Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of fifteen thousand two hundred dollars ($15,200) to
       Seventh-Day Adventist Community Health Serv. of Greater NY ("SDACH"),
       licensee of Low-Power Television (LPTV) station W32DF in Hempstead,
       New York, for willfully and repeatedly violating 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. In this Order, we consider SDACH's arguments
       that the forfeiture amount for operation at an unauthorized location
       should be cancelled or reduced because it was the result of an
       inadvertent error and that the forfeiture amounts for the other
       violations should be cancelled or reduced in light of the SDACH's
       history of compliance with the Commission's Rules.


    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. When the agents inspected the station on April 24, 2008, SDACH was
       authorized by its license, File No. BLTTL-20080201BPD, to operate LPTV
       station W32DF, Hempstead, New York, on channel 32 located at a
       transmitter site in Hicksville, New York. Specifically, Station
       W32DF's construction permit, File No. BPTTL-20040910AAX (expired), and
       the then-current station license to cover the construction permit,
       authorized 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
       were 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, New York
       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 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
       equipment installed.

    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 April 22, 2009, the New York Field Office issued a Notice of
       Apparent Liability for Forfeiture ("NAL") in the amount of $19,000 to
       SDACH for operating with an unauthorized antenna model and
       orientation, operating from an unauthorized location, and failing to
       install required EAS equipment. In its response, SDACH does not
       dispute the findings in the NAL, but requests that we cancel or reduce
       the proposed forfeiture amount for operation at an unauthorized
       location because it relied on the coordinates provided in its lease
       with the tower owner. In addition, SDACH requests that we cancel or
       reduce the proposed forfeiture in light of SDACH's history of
       compliance with the Commission's Rules.


   10. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Act, Section 1.80 of the Rules, and The
       Commission's Forfeiture Policy Statement and Amendment of Section 1.80
       of the Rules to Incorporate the Forfeiture Guidelines ("Forfeiture
       Policy Statement"). In examining SDACH's response, Section 503(b) of
       the Act requires that the Commission take into account the nature,
       circumstances, extent and gravity of the violation and, with respect
       to the violator, the degree of culpability, any history of prior
       offenses, ability to pay, and other such matters as justice may
       require. We have considered SDACH's response to the NAL in light of
       these statutory factors and have found that a reduction in the
       forfeiture to $15,200 is warranted for the reasons discussed below.

   11. 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 authorized SDACH to operate station W32DF at
       antenna coordinates 40DEG 45' 27" north latitude and 73DEG 32' 58"
       west longitude. At the time of the inspection on April 24, 2008,
       Commission agents determined that the station was broadcasting from an
       antenna that was not located at the authorized coordinates.

   12. In its response to the NAL, SDACH does not dispute that the
       coordinates were inaccurate, but explains that the coordinates
       provided to the Commission in its applications were based on the
       coordinates in its lease with the owner of the building where the
       antenna was located. SDACH claims that the forfeiture therefore should
       be cancelled because the error was inadvertent and did not cause any
       harm. We disagree. Applicants and licensees are required to provide
       accurate information to the Commission at all times. The construction
       permit and license applications (FCC Forms 347 and 346) submitted by
       SDACH specifically state in Section III (Engineering) that the
       applicant must "[e]nsure that the specifications below are accurate."
       The question requiring the applicant to provide the coordinates for
       the antenna structure further specifies that the coordinates must be
       provided using NAD27 (North American Datum 1927). SDACH had an
       obligation to verify the accuracy of the coordinates it provided on
       its application and it was not enough to rely on the coordinates in
       the lease with the building owner. Moreover, as the Commission
       previously has stated, " at best, ignorance of the
       law, which the Commission does not consider a mitigating
       circumstance." Similarly, the absence of any harm from a rule
       violation is not a mitigating factor.

   13. SDACH does not take issue with regard to the other violations found,
       but asks that we consider reducing the forfeiture based on its overall
       record of compliance with the Commission's Rules. We have reviewed our
       records and find no other violations against the licensee. Under
       similar circumstances, we have reduced proposed forfeitures, and find
       that doing so in this case is appropriate.  Consequently, we reduce
       SDACH's s forfeiture amount from $19,000 to $15,200.

   14. We have examined the Response to the NAL pursuant to the statutory
       factors above, and in conjunction with the Forfeiture Policy
       Statement. As a result of our review, we conclude that SDACH willfully
       and repeatedly violated Sections 1.903(a), 1.903(b), and 11.35(a) of
       the Rules. Considering the entire record and the factors listed above,
       we find that reduction of the proposed forfeiture to $15,200 is


   15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), and Sections 0.111,
       0.311 and 1.80(f)(4) of the Commission's Rules, Seventh-Day Adventist
       Community Health Serv. of Greater NY, IS LIABLE FOR A MONETARY
       FORFEITURE in the amount of $15,200 for willfully and repeatedly
       violating Sections 1.903(a), 1.903(b), and 11.35(a).

   16. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within 30 days of the release of this Order.
       If the forfeiture is not paid within the period specified, the case
       may be referred to the Department of Justice for collection pursuant
       to Section 504(a) of the Act. Payment of the forfeiture must be made
       by check or similar instrument, payable to the order of the Federal
       Communications Commission. The payment must include the NAL/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 TREAS/NYC, 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.   Please contact
       the Financial Operations Group Help Desk at 1-877-480-3201 or Email: with any questions regarding payment procedures. 
       Seventh-Day Adventist Community Health Serv. of Greater NY shall also
       send electronic notification on the date said payment is made to

   17. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Seventh-Day
       Adventist Community Health Serv. of Greater NY at its address of
       record and to counsel for SDACH at his address of record.


   G. Michael Moffitt

   Regional Director, Northeast Region

   Enforcement Bureau

   47 C.F.R. S:S:1.903(a), 1.903(b), 11.35(a).

   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).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932380005
   (Enf. Bur., New York Office, rel. April 22, 2009).

   47 U.S.C. S: 503(b).

   47 C.F.R. S: 1.80.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

   47 U.S.C. S: 503(b)(2)(E).

   Intelsat North America LLC, 21 FCCR 9246 (EB 2006).

   See Emery Telephone, Notice of Apparent Liability for Forfeiture, 13 FCC
   Rcd 23854, 23859 P: 12 (1998), recon. dismissed in part and denied in
   part, Memorandum Opinion and Order, 15 FCC Rcd 7181 (1999), citing
   Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). We also note
   that we are not persuaded by SDACH's claim that the forfeiture should be
   reduced because the inaccuracy was de minimis. It is indisputable that the
   coordinates provided to the Commission were inaccurate. Our rules require
   that applicants and licensees provide accurate information, without
   exception, and failure to do so constitutes a violation our rules.

   See Liberty Cable Co., Memorandum Opinion and Order, 16 FCC Rcd 16105
   (2001); Pacific Western Broadcasters, Inc., Memorandum Opinion and Order,
   50 FCC 2d 819 (1975); AGM-Nevada, LLC, Forfeiture Order, 18 FCC Rcd 1476
   (Enf. Bur. 2003); Bureau D'Electronique Appliquee, Inc., Forfeiture Order,
   20 FCC Rcd 17893 (SED Enf. Bur. 2005); Western Slope Communications, LLC,
   Forfeiture Order, 23 FCC Rcd 8384 (WR Enf. Bur. 2008).

   See e.g., Cayuga County Community College, Forfeiture Order, 2009 WL
   1856467 (EB 2009).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 1.903(a),
   1.903(b), 11.35(a).

   47 U.S.C. S: 504(a).

   Federal Communications Commission DA 10-269



   Federal Communications Commission DA 10-269