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.


                         Before the 
              Federal Communications Commission
                   Washington, D.C. 20554

In the Matter of                        )
                              )         File No.: EB-05-NY-
St. Theresa's Nursing Home              )
                              )         Citation No.: 
Middletown, New York, 10940             )


                                        Released:  November 
                                   9, 2005

By the District Director, New York Office, Northeast Region, 
Enforcement Bureau:

   1.     This is an Official Citation issued pursuant to 
     Section 503(b)(5) of the Communications Act of 1934, as 
     amended (``Act''),1 to St. Theresa's Nursing Home for 
     violation of Section 15.109 of the Commission's Rules 

   2.     Investigation by the FCC's New York Office 
     revealed that on September 14, 2005, St. Theresa's 
     Nursing Home operated a video distribution system that 
     radiated signals on the frequencies 121.2625 MHz and 
     133.2625 MHz, which were measured at 750 microvolts per 
     meter outside the nursing home.

   3.     Section 15.109 of the Rules states: ``...the field 
     strength of radiated emissions from unintentional 
     radiators at a distance of 3 meters shall not 
     exceed...150 microvolts per meter [for the frequency 
     range] 88 - 216 MHz.''  St. Theresa's Nursing Home's 
     operation of equipment that exceeded the radiated 
     emissions limit violates Section 15.109 of the Rules.

   4.     Violations of the Act or the Commission's Rules 
     may subject the violator to substantial monetary 
     forfeitures,3 seizure of equipment through in rem 
     forfeiture action, and criminal sanctions, including 

   5.     Pursuant to Sections 4(i), 4(j), 308(b) and 403 of 
     the Act, St. Theresa's Nursing Home is directed to 
     provide the documents and information specified herein, 
     within 14 days from the date of this Citation.

        5.a.   Provide a detailed description of the system, 
          including the length of time that the system has 
          been in operation and the specific causes of the 
          excessive radiated emissions.

        5.b.   Provide a detailed description of the steps 
          that have been taken, or that will be taken, to 
          bring the system into compliance with the radiated 
          emission limits.

        5.c.   If the system has already been brought into 
          compliance, or when the system is brought into 
          compliance, provide documentation of accurate 
          field strength measurements, in microvolts per 
          meter at 3 meters from all the radiation sources, 
          made with an appropriate measurement device.  
          Also, provide field strength measurements made in 
          the front parking area near the main entrance.  
          Include the make and model of any instrument used 
          to make these measurements, and the names and 
          contact information of individuals who made the 

        5.d.   Provide any other information that may be 
          relevant to this inquiry.

   6.     St. Theresa's Nursing Home may request an 
     interview at the closest FCC Office, which is Federal 
     Communications Commission, New York Office, 201 Varick 
     Street, Suite 1151, New York, New York 10014.5  You may 
     contact this office by telephone, (XXX) XXX-XXXX, to 
     schedule this interview, which must take place within 
     14 days of this Citation.  Please reference file number 
     EB-05-NY-241 when corresponding with the Commission.

   7.     Any statement or information provided by you may 
     be used by the Commission to determine if further 
     enforcement action is required.6  Any knowingly or 
     willfully false statement made in reply to this 
     Citation is punishable by fine or imprisonment.7

   8.     IT IS ORDERED that copies of this Citation shall 
     be sent by First Class U.S. Mail and Certified Mail, 
     Return Receipt Requested to St. Theresa's Nursing Home 
     at its address of record.


                         Daniel W. Noel
                         District Director, New York Office
                         Northeast Region
                         Enforcement Bureau

147 U.S.C.  503(b)(5).
247 C.F.R.  15.109.
347 C.F.R.  1.80(b)(3).
447 U.S.C.  401, 501, 503, 510.
547 U.S.C.  503(b)(5).
6See Privacy Act of 1974, 5 U.S.C.  552a(e)(3).
7See 18 U.S.C.  1001 et seq.