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 )


   Maimonides Medical Center ) File No.: EB-FIELDNER-14-00015110

   Licensee of Stations WPVV344 and WQJR487 )

   ) NOV No.: V201432380007

   Brooklyn, New York )



                              NOTICE OF VIOLATION

   Released: April 17, 2014

   By the District Director, New York Office, Northeastern Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Maimonides Medical Center
       (Maimonides), licensee of Private Land Mobile Stations WPVV344 and
       WQJR487 in Brooklyn, New York. Pursuant to Section 1.89(a) of the
       Rules, issuance of this Notice does not preclude the Enforcement
       Bureau from further action if warranted, including issuing a Notice of
       Apparent Liability for Forfeiture for the violations noted herein.^

    2. On April 10, 2014, in response to a complaint, Agents of the
       Enforcement Bureau's New York Office inspected the Private Land Mobile
       Stations located at Maimonides Medical Center in Brooklyn, New York,
       and observed the following violation:

   47 C.F.R. S 1.903(a): "Authorization Required - 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 provision of
   this part." The inspection conducted on April 10, 2014 revealed that
   Maimonides was operating on the frequency 451.800 MHz. Maimonides'
   licenses for Stations WPVV344 and WQJR487 do not authorize operation on
   451.800 MHz.^

    3. Pursuant to Section 308(b)  of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violation and any remedial actions taken.
       Therefore, Maimonides must submit a written statement concerning this
       matter within twenty (20) days of release of this Notice. The response
       (i) must fully explain each violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct each violation and preclude
       recurrence, and (iii) must include a time line for completion of any
       pending corrective action(s). The response must be complete in itself
       and must not be abbreviated by reference to other communications or
       answers to other notices.^

    4. In accordance with Section 1.16 of the Rules, we direct Maimonides  to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Maimonides with personal knowledge of the representations provided in
       Maimonides' response, verifying the truth and accuracy of the
       information therein,^ and confirming that all of the information
       requested by this Notice which is in the Maimonides' possession,
       custody, control, or knowledge has been produced. To knowingly and
       willfully make any false statement or conceal any material fact in
       reply to this Notice is punishable by fine or imprisonment under Title
       18 of the U.S. Code.^

    5. 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

   New York Office

   201 Varick Street, Suite 1151

   New York, New York 10014

    6. This Notice shall be sent to Maimonides at its address of record.

    7. 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.


   Stephen Maguire

   District Director

   New York District Office

   Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ Maimonides is authorized to operate on 456.2375 MHz, 456.3875 MHz,
   461.9125 MHz, 461.9375 MHz, 461.9625 MHz, 461.9875 MHz, 462.0125 MHz,
   462.0375 MHz, 462.0625 MHz, 462.0875 MHz, 462.1125 MHz, 462.1375 MHz,
   462.1625 MHz, 463.2125 MHz, 463.2375 MHz, 457.2875 MHz, 457.6625 MHz,
   457.8125 MHz, 457.8375 MHz, 462.1875 MHz, 452.2875 MHz, 461.9375 MHz,
   464.3750 MHz, 462.1000 MHz, 461.9375 MHz, 466.9375 MHz, 469.3750 MHz,
   466.9375 MHz, 469.3750 MHz, 466.9375 MHz, 469.9750 MHz, 464.9750 MHz,
   469.9750 MHz, 464.9750 MHz, 469.9750 MHz, 462.1000 MHz, 467.1000 MHz,
   463.9625 MHz, 468.9625 MHz, 468.9625 MHz, 463.9625 MHz, 463.9625 MHz,
   72.8600 MHz, 72.9800 MHz, 72.1400 MHz, 72.0200 MHz, and 72.0800 MHz.

   ^ 47 U.S.C. S 308(b).

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

   ^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).

   Federal Communications Commission


                       Federal Communications Commission