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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                          
                                                              
     In the Matter of              )                          
                                                              
     Presbyterian Hospital, Inc.   )   File No. EB-07-SE-095  
                                                              
     New York, New York 10032      )                          
                                                              
                                   )                          


                          MEMORANDUM OPINION AND ORDER

   Adopted: March 11, 2008 Released: March 13, 2008

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. introduction

    1. In this Memorandum Opinion and Order, we admonish Presbyterian
       Hospital, Inc. ("Presbyterian Hospital"), former licensee of Private
       Land Mobile Radio Service ("PLMRS") station KNS481, for operating its
       PLMRS station without Commission authority and for failing to file a
       timely renewal application for the station. Presbyterian Hospital
       acted in apparent willful and repeated violation of Section 301 of the
       Communications Act of 1934, as amended, ("Act") and Sections 1.903(a)
       and 1.949(a) of the Commission's Rules ("Rules") by failing to file a
       timely renewal application for station KNS481 and for continued
       operation of that station from May 22, 2002 to August 5, 2003.

   II. background

    2. On April 18, 1997, Presbyterian Hospital was granted a license renewal
       for PLMRS station KNS481 with an expiration date of May 21, 2002.
       Presbyterian Hospital did not file a renewal application, and
       consequently its license to operate station KNS481 expired on May 21,
       2002. On February 13, 2007, Presbyterian Hospital filed an application
       with the Wireless Telecommunications Bureau ("WTB") for special
       temporary authority ("STA") to operate on the KNS481 frequencies. On
       February 22, 2007, Presbyterian Hospital filed a modification to its
       STA request, and on February 27, 2007, filed an application for a new
       license. WTB granted Presbyterian Hospital's modified STA request
       under call sign WQGK659 on February 26, 2007, and subsequently issued
       Presbyterian Hospital a new license, WQGQ798, on March 27, 2007.

    3. Because it appeared that Presbyterian Hospital may have operated
       KNS481 after the expiration of its license, WTB referred this case to
       the Enforcement Bureau for investigation and possible enforcement
       action. On July 30, 2007, the Enforcement Bureau's Spectrum
       Enforcement Division issued a letter of inquiry ("LOI") to
       Presbyterian Hospital.

    4. On September 25, 2007, the Enforcement Bureau received Presbyterian
       Hospital's LOI Response. In its Response, Presbyterian Hospital admits
       that it failed to file a timely renewal application for station KNS481
       and that it operated that station without authority after the license
       had expired. Presbyterian Hospital states that it became aware that
       its license had expired in May 2003, but because of the hazardous
       location of its facilities and the high number of dangerous incidents
       within its facilities, it could not discontinue its operations on the
       KNS481 frequencies. Presbyterian Hospital states that upon learning
       that its license had expired, it immediately contacted an FCC
       application facilitator to prepare a new application and STA request
       for the same frequencies it used under its license for station KNS481.
       According to Presbyterian Hospital, the applications were subsequently
       forwarded to the frequency coordinator, Personal Communications
       Industry Association ("PCIA"); however, PCIA advised Presbyterian
       Hospital in July 2003 that it would be impossible to obtain a new
       license with those frequencies, as those frequencies were now licensed
       to Atlantic Telecommunications ("AT"). Presbyterian Hospital states
       that in August 2003, it made arrangements with AT to use the same
       frequencies previously authorized under its license for station
       KNS481.

    5. Presbyterian Hospital states that it operated on AT's licensed
       frequencies under an informal agreement with AT from August 2003 until
       February 8, 2007, when it received a call from AT informing
       Presbyterian Hospital that its operations were causing interference to
       a new customer using one of AT's licensed frequencies. Presbyterian
       Hospital further states that after a number of follow-up telephone
       calls with AT, it learned that AT wanted Presbyterian Hospital off
       AT's frequencies by the end of February 2007. Presbyterian Hospital
       states that it immediately took steps to research and coordinate
       available frequencies, order and install new equipment, and before the
       end of February 2007, began operating under a Commission license on
       authorized frequencies.

   III. DISCUSSION

    6. Section 301 of the Act and Section 1.903(a) of the Rules prohibit the
       use or operation of any apparatus for the transmission of energy or
       communications or signals by a wireless radio station except under,
       and in accordance with, a Commission granted authorization.
       Additionally, Section 1.949(a) of the Rules requires that licensees
       file renewal applications for wireless radio stations, "no later than
       the expiration date of the authorization for which renewal is sought,
       and no sooner than 90 days prior to expiration." Absent a timely filed
       renewal application, a wireless radio station license automatically
       terminates.

    7. As a Commission licensee, Presbyterian Hospital was required to
       maintain its authorization in order to operate its PLMRS station.
       Presbyterian Hospital admits that it failed to file a timely renewal
       application for station KNS481 and that it operated that station
       without Commission authority after the license expired on May 21,
       2002. Presbyterian Hospital's unauthorized use of the KNS481
       frequencies continued until August 5, 2003, when it obtained AT's
       consent to operate on AT's licensed frequencies. Based on the
       information before us, we find that Presbyterian Hospital was
       operating on the KNS481 frequencies without authority from May 22,
       2002, until it made arrangements with AT to use AT's licensed
       frequencies on August 5, 2003.

    8. Although we believe that a monetary forfeiture would be warranted for
       Presbyterian Hospital's failure to file a timely renewal application
       and for unauthorized operations from May 22, 2002 until August 5,
       2003, we note that the statute of limitations for proposing such a
       forfeiture is one year from the date of violation. Accordingly, based
       upon our review of the facts and circumstances in this case, and
       because we are barred by the one-year statute of limitations from
       proposing a forfeiture for these violations, we admonish Presbyterian
       Hospital for violating Section 1.949(a) of the Rules by failing to
       timely renew its license for KNS481 and for violating Section 301 of
       the Act and Section 1.903(a) of the Rules by operating that station
       without authorization after the expiration of its license. We caution
       Presbyterian that any violations of future license provisions may
       result in additional sanctions.

   IV. Ordering Clauses

    9. Accordingly, IT IS ORDERED that  Presbyterian Hospital, Inc. IS
       ADMONISHED for operating former PLMRS station KNS481 without authority
       and for failing to timely file a renewal application as required by
       Section 301 of the Act, 47 U.S.C. S: 301, and Sections 1.903 and 1.949
       of the Rules, 47 C.F.R. S:S: 1.903(a) and 1.949(a).

   10. IT IS FURTHER ORDERED that copies of this Memorandum Opinion and Order
       shall be sent by first class mail and certified mail, return receipt
       requested, to counsel for Presbyterian Hospital, Inc., Thomas P. Van
       Wazer, Esq., Sidley Austin LLP, 1501 K Street N.W., Washington, D.C.
       20005 and Richard Irizarry, Director of Security, Presbyterian
       Hospital, Inc., 622 W 168th St., New York, N.Y. 10032.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   47 U.S.C. S: 301.

   47 C.F.R. S:S: 1.903(a) and 1.949(a).

   KNS481 was licensed to operate on frequencies 472.2875/472.7625 MHz
   (repeater stations) and 475.2875/475.7625 MHz (mobile units).

   File No. 0002911545.

   File No. 0002921486.

   File No. 0002928272.

   WTB granted Presbyterian Hospital's initial STA request on February 15,
   2007. The modified STA request was granted on February 26, 2007. See File
   No. 0002921486.

   File No. 0002928272.

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission to Richard Irizarry,
   Presbyterian Hospital (July 30, 2007).

   Letter from Thomas P. Van Wazer, Esq., Sidley Austin LLP, Counsel for
   Presbyterian Hospital, Inc., to Peter Waltonen, Esq., Spectrum Enforcement
   Division, Enforcement Bureau, Federal Communications Commission,
   (September 25, 2007) ("Response").

   Response  at 3.

   Response  at 5.

   Response, Exhibit 2, Declaration of Richard Irizarry ("Irizarry
   Declaration"), at para. 7. Mr. Irizarry is the Director of Security at
   Presbyterian Hospital and is responsible for maintaining the two-way radio
   equipment used by the Hospital's Security Department and the FCC license
   authorizing those radio operations.

   Id. at para. 8.

   Id. at paras. 9-10; Exhibit 1, Declaration of William T. Greene ("Greene
   Declaration"), at para. 11. Section 90.179 of the Rules permits PLMRS
   licensees, such as AT, to share the use of their facilities with persons
   not licensed for the facilities, either on a non-profit cost shared basis
   or a for-profit private carrier basis. See 47 C.F.R. S: 90.179. AT is
   classified as a for-profit private carrier and, under the Rules, is
   permitted to allow entities it deems eligible to use its system. Unlike
   licensees who operate on a non-profit cost shared basis, a written
   agreement with each participant is not required. See 47 C.F.R. S:
   90.179(d).

   Response, Greene Declaration at para. 13; Irizarry Declaration at para.
   12.

   Response, Greene Declaration at para. 13.

   Response, Greene Declaration at paras. 13-14; Irizarry Declaration at
   paras. 15-18.

   47 U.S.C. S: 301; 47 C.F.R. S: 1.903(a).

   47 C.F.R. S: 1.949(a).

   47 C.F.R. S: 1.955(a)(1).

   See, e.g., Eure Family Limited Partnership, Memorandum Opinion and Order,
   17 FCC Rcd 21861, 21863-64 (2002) (licensee is responsible for compliance
   with all Commission rules).

   See 47 U.S.C. S: 503(b)(6)(B); 47 C.F.R. S: 1.80(c)(3).

   (Continued from previous page)

   (continued....)

   Federal Communications Commission DA 08-552

   4

                  Federal Communications Commission DA 08-552

                        NON-PUBLIC/FOR INTERNAL USE ONLY