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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
     In the Matter of                       )                                
                                                                             
     Bryn Mawr Hospital                     )   File No.: EB-11-PA-0237      
                                                                             
     Licensee of Stations WPUT970 and       )   NAL/Acct. No.: 201232400009  
     WQCB705                                                                 
                                            )   FRN: 0021972740              
     Bryn Mawr, Pennsylvania                                                 
                                            )                                
                                                                             
                                            )                                


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted:  September 11, 2012  Released: September 11, 2012

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that Bryn Mawr Hospital, licensee of Private Land Mobile
       Stations WPUT970 and WQCB705 in Bryn Mawr, Pennsylvania, apparently
       willfully and repeatedly violated Section 301 of the Communications
       Act of 1934, as amended (Act), and Sections 1.903(a) and (b) of the
       Commission's rules (Rules) by operating radio transmitting equipment
       on unauthorized frequencies. We conclude that Bryn Mawr Hospital is
       apparently liable for a forfeiture in the amount of eight thousand
       dollars ($8,000). We further direct Bryn Mawr Hospital to submit a
       written statement signed under penalty of perjury, within thirty (30)
       calendar days from release of this NAL, stating that it is now
       operating its radio transmission equipment consistent with Section 301
       of the Act and Sections 1.903(a) and (b) of the Commission's rules.

   II. BACKGROUND

    2. On October 12, 2011, agents from the Enforcement Bureau's Philadelphia
       Office conducted an inspection of Bryn Mawr Hospital's radio
       transmitting equipment with several hospital staff members, including
       the security director and the maintenance director. During the
       inspection, the agents determined that the hospital's security
       department was operating handheld radios on the frequency 469.4875
       MHz. The agents also inspected the security department's repeater
       station located in the equipment room on the top floor of the hospital
       and determined that the repeater was operating on the frequency pair
       464.4875 MHz/469.4875 MHz. Bryn Mawr Hospital staff provided the
       agents copies of licenses it holds for two private land mobile
       stations-WPUT970 and WQCB705.

    3. After conducting the inspection on October 12, 2011, the agents
       searched the Commission's records and confirmed that Bryn Mawr
       Hospital holds licenses for Private Land Mobile Stations WPUT970 and
       WQCB705, which authorizes them to use handheld radios on specific
       authorized frequencies. The records also reflect, however, that the
       licenses do not include authorization to operate handheld radios on
       frequency 469.4875, nor repeater stations on 464.4875.

    4. On October 13, 2011, one of the agents conducted a follow-up
       inspection of Bryn Mawr Hospital's radio transmission equipment with
       the maintenance director. The agent confirmed that Bryn Mawr Hospital
       was still operating handheld radios on unauthorized frequencies. The
       agent performed a test with the handheld radios and verified that the
       handheld radios, indeed, were still transmitting on 469.4875 MHz and
       activating the security department's repeater station on the frequency
       464.4875 MHz, also an unauthorized frequency.

   III. DISCUSSION

    5. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation, or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. Section 312(f)(1) of the Act defines "willful" as the
       "conscious and deliberate commission or omission of [any] act,
       irrespective of any intent to violate" the law. The legislative
       history to Section 312(f)(1) of the Act clarifies that this definition
       of willful applies to both Sections 312 and 503(b) of the Act, and the
       Commission has so interpreted the term in the Section 503(b) context.
       The Commission may also assess a forfeiture for violations that are
       merely repeated, and not willful. The term "repeated" means the
       commission or omission of such act more than once or for more than one
       day.

   A. Operation on Unauthorized Frequencies

    6. The record evidence in this case establishes that Bryn Mawr Hospital
       operated radio transmitting equipment on two frequencies for which it
       was not authorized. Section 301 of the Act states that no person shall
       use or operate any apparatus for the transmission of energy or
       communications or signals by radio within the United States, except
       under and in accordance with the Act and with a license issued by the
       Commission.  Section 1.903(a) of the Rules requires that stations in
       the Wireless Radio Service must be used and operated only in
       accordance with the rule applicable to their particular service and
       with a valid authorization granted by the Commission. In addition,
       Section 1.903(b) provides that the holding of an authorization does
       not create any rights beyond the terms, conditions, and period
       specified in the authorization. During inspections on October 12, 2011
       and October 13, 2011, agents found that Bryn Mawr Hospital was
       operating handheld radios on the frequency 469.4875 MHz and a repeater
       system on the frequency pair 464.4875 MHz/469.4875 MHz. Bryn Mawr
       Hospital violated the foregoing sections of the Act and Rules because
       its FCC licenses for Private Land Mobile Stations WPUT970 and WQCB705
       do not authorize operation of handheld radios on the frequency
       469.4875 MHz or a repeater system on the frequency pair 464.4875
       MHz/469.4875 MHz. Therefore, based on the evidence before us, we find
       that Bryn Mawr Hospital apparently willfully and repeatedly violated
       Section 301 of the Act and Sections 1.903(a) and (b) of the Rules by
       operating radio transmitting equipment on unauthorized frequencies.

    B. Proposed Forfeiture Amount and Reporting Requirement

    7. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for operating on an
       unauthorized frequency is $4,000. In assessing the monetary forfeiture
       amount, we must also take into account the statutory factors set forth
       in Section 503(b)(2)(E) of the Act, which include the nature,
       circumstances, extent, and gravity of the violations, and with respect
       to the violator, the degree of culpability, any history of prior
       offenses, ability to pay, and other such matters as justice may
       require. Applying the Forfeiture Policy Statement, Section 1.80 of the
       Rules, and the statutory factors to the instant case, we conclude that
       Bryn Mawr Hospital is apparently liable for a forfeiture of $4,000 for
       each of the unauthorized frequencies on which it operated, for a total
       of $8,000.

    8. In addition, we direct Bryn Mawr Hospital to submit a statement,
       pursuant to Section 1.16 of the Rules,  signed under penalty of
       perjury by an officer or director of Bryn Mawr Hospital, stating that
       its operation of radio transmission equipment complies with Section
       301 of the Act and Sections 1.903(a) and (b) of the Rules. This
       statement must be provided to the Philadelphia Office at the address
       listed in paragraph 13, below, within thirty (30) calendar days of the
       release date of this Notice of Apparent Liability for Forfeiture and
       Order.

   IV. ORDERING CLAUSES

    9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.204,
       0.311, 0.314, and 1.80 of the Commission's rules, Bryn Mawr Hospital
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of eight thousand dollars ($8,000) for violations of Section
       301 of the Act and Sections 1.903(a) and (b) of the Commission's
       rules.

   10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's rules, within thirty (30) calendar days of the release
       date of this Notice of Apparent Liability for Forfeiture and Order,
       Bryn Mawr Hospital SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

   11. IT IS FURTHER ORDERED that Bryn Mawr Hospital SHALL SUBMIT a sworn
       statement as described in paragraph 8  to the Enforcement Bureau
       Office listed in paragraph 13 within thirty (30) calendar days of the
       release date of this Notice of Apparent Liability for Forfeiture and
       Order.

   12. Payment of the forfeiture must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account number
       and FRN referenced above. Bryn Mawr Hospital shall also send
       electronic notification on the date said payment is made to
       NER-Response@fcc.gov.  Regardless of the form of payment, a completed
       FCC Form 159 (Remittance Advice) must be submitted. When completing
       the FCC Form 159, enter the Account Number in block number 23A (call
       sign/other ID) and enter the letters "FORF" in block number 24A
       (payment type code).   Below are additional instructions you should
       follow based on the form of payment you select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. 

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated. 

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. 

   13. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       Sections 1.16 and 1.80(f)(3) of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, Northeast
       Region, Philadelphia Office, One Oxford Valley Building, Suite 404,
       2300 East Lincoln Highway, Langhorne, Pennsylvania 19047. Bryn Mawr
       Hospital also shall e-mail the written response to
       NER-Response@fcc.gov.

   14. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices (GAAP); or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted.

   15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture and Order shall be sent by both Certified Mail, Return
       Receipt Requested, and First Class Mail to Bryn Mawr Hospital at 130
       South Bryn Mawr Avenue, Bryn Mawr, Pennsylvania 19010.

   FEDERAL COMMUNICATIONS COMMISSION

   David Dombrowski

   District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

   47 U.S.C. S: 301.

   47 C.F.R. S: 1.903(a) & (b).

   The Commission's records show that Bryn Mawr Hospital is authorized under
   the license for Station WPUT970 to operate mobile radios on the
   frequencies 457.3125 MHz, 457.7625 MHz, 461.9875 MHz, 464.4875 MHZ,
   467.2125 MHz, 467.2625 MHz, 467.2875 MHz, 467.3625 MHz, and a repeater
   station on the frequency pair 461.9875 MHz/466.9875 MHz. The records also
   show that the license for Station WQCB705 authorizes Bryn Mawr Hospital to
   operate mobile radios on the frequencies 452.1875 MHz and 451.4875 MHz, a
   mobile interconnect on the frequency 457.6875, and three repeater stations
   on the frequency pairs 451.6875 MHz/456.6875 MHz, 452.1875 MHz/457.1875
   MHz, and 451.4875 MHz/ 456.4875 MHz.

   47 U.S.C. S: 503(b).

   47 U.S.C. S: 312(f)(1).

   H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in Section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the act
   (e.g., Section 503) . . . . As defined[,] . . . `willful' means that the
   licensee knew that he was doing the act in question, regardless of whether
   there was an intent to violate the law. `Repeated' means more than once,
   or where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   Sections 312 and 503, and are consistent with the Commission's application
   of those terms . . . .").

   See, e.g., Application for Review of Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recons. denied,
   7 FCC Rcd 3454 (1992).

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 10 (2001) (Callais
   Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day." See Callais Cablevision, Inc., 16 FCC Rcd  at
   1362.

   47 U.S.C. S: 301.

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

   47 C.F.R. S: 1.903(b).

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recon. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 C.F.R. S: 1.16.

   47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.204(b), 0.311, 0.314,
   1.80, 1.903(a) & (b).

   An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

   47 C.F.R. S:S: 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 12-1472

                                       5

   Federal Communications Commission DA 12-1472