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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Jameson Memorial Hospital. ) File No. EB-09-PA-0272
Licensee of Radio Station KYZ204 )
New Castle, Pennsylvania ) NOV No. V201032400009 )
)
NOTICE OF VIOLATION
Released: December 7, 2009
By the District Director, Philadelphia 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 Jameson Memorial Hospital, licensee
of radio station KYZ204.
2. On November 18, 2009 between 3:30 p.m. and 5:15 p.m., an agent of the
Commission's Philadelphia Office monitored the transmissions from
station KYZ204 on the frequency 163.250 MHz and observed the following
violations:
a. 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, except as specified in paragraph (b) of this section." Jameson
Memorial Hospital was transmitting data on the frequency 163.250 MHz
for a digital paging system. The license for station KYZ204 only
authorizes FM analog telephony emissions (F3E) on the frequency
163.250 MHz. The F3E class of emission does not authorize data
transmissions.
b. 47 C.F.R. S: 90.425(a): "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." Jameson Memorial Hospital failed to transmit
the call sign identification KYZ204 on the frequency 163.250 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Jameson Memorial
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 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Jameson Memorial 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
Gene J. Stanbro
District Director
Philadelphia District 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