Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
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 )
)
St. Mary Medical Center, Inc. ) File No. EB-FIELDNER-12-00003250
Licensee of Radio Station WNJM815 )
Hobart, Indiana ) NOV No. V201232320006
NOTICE OF VIOLATION
Released: July 26, 2012
By the District Director, Chicago District 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. Mary Medical Center, Inc. (St. Mary
Medical Center), licensee of Land Mobile Station WNJM815 in Hobart,
Indiana.
2. On July 11, 2012, in response to an interference complaint, an agent
of the Enforcement Bureau's Chicago Office conducted an investigation
and 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,
. . ." St. Mary Medical Center is authorized to operate Station WNJM815 on
an analog basis with a designator of 11K2F3E or 20K0F3E. Station WNJM815's
license does not authorize operation of a trunked system. At the time of
the investigation, the agent observed that St. Mary Medical Center was
operating a trunked voice system with a digital control channel in direct
contravention of Station WNJM815's authorization.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's rules, St. Mary 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 St. Mary Medical Center. 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
Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068
4. This Notice shall be sent to St. Mary Medical Center, Inc., 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
James M. Roop
District Director
Chicago District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
Section 90.187(a) of the Commission's rules states that "[a]pplicants for
trunked systems operating on frequencies between 150 and 512 MHz. . .must
indicate on their applications. . .that their system will be trunked." 47
C.F.R. S: 90.187(a).
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
2
Federal Communications Commission