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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Bella Vista Hospital ) File No. EB-09-SJ-0030
Mayaguez, PR ) NOV No. V200932680004
NOTICE OF VIOLATION
CORRECTED COPY
Released: August 10, 2009
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Bella Vista Hospital, licensee of
radio stations WPPC837 and KNAU611 in Mayaguez, PR.
2. On July 29, 2009, agents from the San Juan Office of the Enforcement
Bureau determined that the Bella Vista Hospital was using the
frequency of 154.835 MHz as the input to their repeater. Commission
records do not reflect 154.835 MHz as one of the frequencies covered
by Bella Vista Hospital licenses. The agents from the San Juan Office
observed the following violation:
47 C.F.R. S: 1.903(a): "Stations in the Wireless Radio Services 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." Furthermore, 47 C.F.R. S: 1.903(b) states: "The holding of an
authorization does not create any rights beyond the terms, conditions and
period specified in the authorization." While Bella Vista Hospital
conducted a test transmission of their system, agents observed those
transmissions and confirmed they were operating on 154.835 MHz. The Bella
Vista Hospital also admitted that their system was operating on the
frequency 154.835 MHz. On July 29, 2009, Bella Vista Hospital was not
authorized under any license to operate on this frequency from the
hospital or any other location.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Bella Vista
Hospital 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 Bella Vista Hospital. 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
San Juan Office
Room 762
Federal Building
Hato Rey, PR 00918
4. This Notice shall be sent to Bella Vista Hospital 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
William Berry
Resident Agent
San Juan District Office
South Central 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