Click here for Adobe Acrobat version
Click here for Microsoft Word version

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,

    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.


   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



                       Federal Communications Commission