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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Kootenia Medical Center ) File No. EB-08-ST-038
)
Licensee of Station WQEP488 ) NOV No. V200832980004
Coeur d'Alene, Idaho )
)
NOTICE OF VIOLATION
Released: March 26, 2008
By the District Director, Seattle Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Kootenia Medical Center, licensee
of station WQEP488 in Coeur d'Alene, Idaho.
2. On February 13, 2008, in response to a complaint of co-channel
interference from the Spokane County Sheriff, the Enforcement Bureau's
Seattle Office investigated Kootenia Medical Center's operations in
the 4.9 GHz band. The investigation by the Seattle Office revealed the
following violation:
a. 47 C.F.R. S: 1.903(a): "Stations in the wireless Radio Service 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 . . . ." At the time of the investigation, the Seattle Office
determined that WQEP488 was operating in the 4.9 GHz band in Spokane,
Washington, which is approximately 18 miles beyond WQEP488's licensed
area of operation.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Kootenia Medical Center
must submit a written statement concerning this matter within 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 the
licensee. 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
Seattle District Office
11410 NE 122nd Way, Suite 312
Kirkland, WA 98034
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Kootenia Medical Center, 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
Kristine A. McGowan
District Director
Seattle District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
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