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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
St John's Health Care Corp. ) File No. EB-08-BF-006
)
Licensee Radio Station WQHK769 1239609 ) NOV No. V200832280002
)
Rochester, New York )
NOTICE OF VIOLATION
Released: January 25, 2008
By the Resident, Agent Buffalo 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 St John's Health Care Corp.,
licensee of private land mobile radio station WQHK769, Rochester, New
York.
2. On January 18, 2008, an agent of the Commission's Buffalo Office
investigated a complaint of harmful interference on the frequency of
452.7 MHz in the Rochester, New York area and observed the following
violations:
a. 47 C.F.R. S: Section 90.403(e): "Licensees shall take reasonable
precautions to avoid causing harmful interference. This includes
monitoring the transmitting frequency for communications in progress
and such other measures as may be necessary to minimize the potential
for causing interference." At the time of the investigation, St
John's Health Care Corp. was not monitoring the transmitting
frequency.
b. C.F.R. S: 90.425(a): "Except as provided for in paragraphs (d) and
(e) of this section, 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...." On January 18, 2008, between 12:00 p.m. and 2:00 p.m.,
St John's Health Care Corp. did not transmit its call sign
identification for station WQHK769 on the frequency 452.7 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, St John's Health
Care Corp. 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 St John's Health Care Corp. with personal
knowledge of the matter. 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
Buffalo Office
6400 Sheridan Drive, Suite 140
Williamsville, NY 14221
4. This Notice shall be sent to St John's Health Care Corp. 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
David A. Viglione
Resident Agent
Buffalo 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