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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Bridgewater HealthCare, Inc., d/b/a Bridgewater
Retirement Community Former licensee of Station WPSE416 ) ) ) ) ) ) ) File
No.: EB-SED-12-00001713 Acct. No.: 201332100016 FRN: 0004631701
ORDER
Adopted: August 30, 2013 Released: August 30, 2013
By the Acting Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (Bureau) of the Federal Communications
Commission (Commission) and Bridgewater HealthCare, Inc., d/b/a
Bridgewater Retirement Community (Bridgewater). The Consent Decree
resolves and terminates the Bureau's investigation into Bridgewater's
compliance with Section 301 of the Communications Act of 1934, as
amended (Act),^ and Section 1.903(a) of the Commission's rules
(Rules),^ pertaining to the operation of a Private Land Mobile Radio
Service station without Commission authority.
2. The Bureau and Bridgewater have negotiated the Consent Decree that
resolves this matter. A copy of the Consent Decree is attached hereto
and incorporated herein by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigation.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether Bridgewater possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and
503(b) of the Act,^ and Sections 0.111 and 0.311 of the Rules,^ the
Consent Decree attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Rodney D. Alderfer, President, Bridgewater HealthCare,
Inc., d/b/a Bridgewater Retirement Community, 302 N. Second Street,
Bridgewater, VA 22812, and to John C. Trent, Esq., Putbrese Hunsaker &
Trent, P.C., Counsel for Bridgewater HealthCare, Inc., d/b/a
Bridgewater Retirement Community, 200 S. Church Street, Woodstock, VA
22664.
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Bridgewater HealthCare, Inc., d/b/a Bridgewater
Retirement Community Former Licensee of Station WPSE416 ) ) ) ) ) ) ) File
No.: EB-SED-12-00001713 Acct. No.: 201332100016 FRN: 0004631701
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and
Bridgewater HealthCare, Inc., d/b/a Bridgewater Retirement Community, by
their authorized representatives, hereby enter into this Consent Decree
for the purpose of terminating the Enforcement Bureau's investigation into
possible violations of Section 301 of the Communications Act of 1934, as
amended,^ and Section 1.903(a) of the Commission's rules,^ pertaining to
the operation of a Private Land Mobile Radio Service (PLMRS) station
without Commission authority.
I. DEFINITIONS
1. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S
151 et seq.
b. "Adopting Order" means an order of the Bureau adopting the terms of
this Consent Decree without change, addition, deletion, or
modification.
c. "Bridgewater" means Bridgewater HealthCare, Inc., d/b/a Bridgewater
Retirement Community, its subsidiaries, as well as its
predecessors-in-interest and its successors-in-interest.
d. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
e. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
f. "Communications Laws" means collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to
which Bridgewater is subject by virtue of its business activities,
including but not limited to, the Licensing Rules.
g. "Compliance Plan" means the compliance obligations, program, and
procedures described in this Consent Decree at paragraph 10.
h. "Covered Employees" means all employees and agents of Bridgewater who
perform, or supervise, oversee, or manage the performance of, duties
that relate to Bridgewater's responsibilities under the Licensing
Rules.
i. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
j. "Licensing Rules" means Section 301 of the Act, Sections 1.903(a) and
1.949(a) of the Rules, the Universal Licensing System Orders,^ and
other Communications Laws that prohibit the use or operation of a
wireless radio station without a valid Commission authorization or in
a manner inconsistent with such authorization.
k. "Investigation" means the investigation commenced by the Bureau's
October 12, 2012, letter of inquiry^ regarding Bridgewater's apparent
violation of the Licensing Rules.
l. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by Bridgewater to
implement the Compliance Plan.
m. "Parties" means Bridgewater and the Bureau, each of which is a
"Party."
n. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
II. BACKGROUND
2. 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 radio 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."^ In the absence of a timely filed
renewal application, a wireless radio station license automatically
terminates.^
3. Bridgewater's license for PLMRS Industrial/Business Pool station
WPSE416 automatically expired on March 27, 2011, the expiration date
of the station license, because Bridgewater did not timely file an
application for the renewal of that license.^ On April 5, 2011,
Bridgewater filed an application to renew the license for station
WPSE416, along with a request for a waiver of Section 1.949 of the
Rules to allow the late filing of its renewal application.^ On May 20,
2011, the Wireless Bureau returned the WPSE416 renewal application
because Bridgewater failed to file the required notification of
construction for the station.^ In the Notice of Return, Bridgewater
was instructed to file within 60 days the required notification of
construction for station WPSE416 and an associated amendment to its
renewal application.^ Bridgewater filed the required notification of
construction on June 7, 2011.^ However, Bridgewater did not submit an
amendment to its renewal application, as required by the Return
Notice, resulting in the dismissal of its renewal application on
August 9, 2011.^ On March 1, 2012, Bridgewater filed a request for
Special Temporary Authority to operate a PLMRS station, which was
granted on March 2, 2012 under call sign WQOY340.^
4. On October 12, 2012, the Bureau issued a letter of inquiry (LOI) to
Bridgewater.^ The LOI directed Bridgewater to submit a sworn written
response to a series of questions relating to Bridgewater's failure to
file a license renewal application for station WPSE416 and its
continued operation of the station after the expiration of the station
license. Bridgewater responded to the LOI on November 6, 2012.^ In its
LOI Response, Bridgewater stated that it discovered on April 5,
2011that the application to renew the WPSE416 station license had not
been timely filed, and that it "immediately" contacted Wireless Bureau
staff for assistance.^ The Bureau and Bridgewater executed a tolling
agreement to toll the statute of limitations.^
III. TERMS OF AGREEMENT
5. Adopting Order. The Parties agree that the provisions of this Consent
Decree shall be subject to final approval by the Bureau by
incorporation of such provisions by reference in the Adopting Order.
6. Jurisdiction. Bridgewater agrees that the Bureau has jurisdiction over
it and the matters contained in this Consent Decree and that the
Bureau has the authority to enter into and adopt this Consent Decree.
7. Effective Date; Violations. The Parties agree that this Consent
Decree shall become effective on the Effective Date, as defined
herein. As of the Effective Date, the Adopting Order and this Consent
Decree shall have the same force and effect as any other order of the
Commission. Any violation of the Adopting Order or of the terms of
this Consent Decree shall constitute a separate violation of a
Commission order, entitling the Commission to exercise any rights and
remedies attendant to the enforcement of a Commission order.
8. Termination of Investigation. In express reliance on the covenants and
representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate the
Investigation. In consideration for the termination of the
Investigation, Bridgewater agrees to the terms, conditions, and
procedures contained herein. The Bureau further agrees that in the
absence of new material evidence, the Bureau will not use the facts
developed in this Investigation through the Effective Date, or the
existence of this Consent Decree, to institute on its own motion any
new proceeding, formal or informal, or take any action on its own
motion against Bridgewater concerning the matters that were the
subject of the Investigation. The Bureau also agrees that in the
absence of new material evidence it will not use the facts developed
in this Investigation through the Effective Date, or the existence of
this Consent Decree, to institute on its own motion any proceeding,
formal or informal, or take any action on its own motion against
Bridgewater with respect to Bridgewater's basic qualifications,
including its character qualifications, to be a Commission licensee or
to hold Commission licenses or authorizations.
9. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, Bridgewater shall designate a senior corporate manager
with the requisite corporate and organizational authority to serve as
Compliance Officer and to discharge the duties set forth below. The
person designated as the Compliance Officer shall be responsible for
developing, implementing, and administering the Compliance Plan and
ensuring that Bridgewater complies with the terms and conditions of
the Compliance Plan and this Consent Decree. In addition to the
general knowledge of the Communications Laws necessary to discharge
his/her duties under this Consent Decree, the Compliance Officer shall
have specific knowledge of the Licensing Rules prior to assuming
his/her duties.
10. Compliance Plan. For purposes of settling the matters set forth
herein, Bridgewater agrees that it shall within sixty (60) calendar
days after the Effective Date develop and implement a Compliance Plan
designed to ensure future compliance with the Communications Laws and
with the terms and conditions of this Consent Decree. With respect to
the Licensing Rules, Bridgewater shall implement the following
procedures:
a. Operating Procedures on Licensing Rules. Within sixty (60) calendar
days after the Effective Date, Bridgewater shall establish Operating
Procedures that all Covered Employees must follow to help ensure
Bridgewater's compliance with the Licensing Rules. As part of its
Operating Procedures, the Compliance Officer shall designate a
Covered Employee to be responsible for developing and maintaining a
database of all FCC licenses held by Bridgewater and the expiration
date of each such license. The Compliance Officer shall ensure that
Bridgewater timely files an application for renewal for any FCC
license that Bridgewater intends to operate after the license's
expiration date.
b. Compliance Manual. Within sixty (60) calendar days after the
Effective Date, the Compliance Officer shall develop and distribute a
Compliance Manual to all Covered Employees. The Compliance Manual
shall explain the Licensing Rules and set forth the Operating
Procedures that Covered Employees shall follow to help ensure
Bridgewater's compliance with the Licensing Rules. Bridgewater shall
periodically review and revise the Compliance Manual as necessary to
ensure that the information set forth therein remains current and
complete. Bridgewater shall distribute any revisions to the
Compliance Manual promptly to all Covered Employees.
c. Compliance Training Program. Bridgewater shall establish and
implement a Compliance Training Program on compliance with the
Licensing Rules and the Operating Procedures. As part of the
Compliance Training Program, Covered Employees shall be advised of
Bridgewater's obligation to report any noncompliance with the
Licensing Rules under paragraph 11 of this Consent Decree and shall
be instructed on how to disclose noncompliance to the Compliance
Officer. All Covered Employees shall be trained pursuant to the
Compliance Training Program within sixty (60) calendar days after the
Effective Date, except that any person who becomes a Covered
Employee at any time after the Effective Date shall be trained within
thirty (30) calendar days after the date such person becomes a
Covered Employee. Bridgewater shall repeat the compliance training on
an annual basis, and shall periodically review and revise the
Compliance Training Program as necessary to ensure that it remains
current and complete and to enhance its effectiveness.
11. Reporting Noncompliance. Bridgewater shall report any noncompliance
with the Licensing Rules and with the terms and conditions of this
Consent Decree within fifteen (15) calendar days after the discovery
of such noncompliance. Such reports shall include a detailed
explanation of (i) each instance of noncompliance; (ii) the steps that
Bridgewater has taken or will take to remedy such noncompliance; (iii)
the schedule on which such remedial actions will be taken; and (iv)
the steps that Bridgewater has taken or will take to prevent the
recurrence of any such noncompliance. All such reports of
noncompliance shall be submitted to the Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission, 445
12th Street, S.W., Room 3-C366, Washington, DC 20554, with a copy
submitted electronically to Celia Lewis at Celia.Lewis@fcc.gov and to
Daudeline Meme at Daudeline.Meme@fcc.gov.
12. Compliance Reports. Bridgewater shall file Compliance Reports with the
Commission ninety (90) calendar days after the Effective Date, twelve
(12) months after the Effective Date, twenty-four (24) months after
the Effective Date, and thirty-six (36) months after the Effective
Date.
a. Each Compliance Report shall include a detailed description of
Bridgewater's efforts during the relevant period to comply with the
terms and conditions of this Consent Decree and the Licensing Rules.
In addition, each Compliance Report shall include a certification by
the Compliance Officer, as an agent of and on behalf of Bridgewater,
stating that the Compliance Officer has personal knowledge that
Bridgewater (i) has established and implemented the Compliance Plan;
(ii) has utilized the Operating Procedures since the implementation of
the Compliance Plan; and (iii) is not aware of any instances of
noncompliance with the terms and conditions of this Consent Decree,
including the reporting obligations set forth in paragraph 11 hereof.
o. The Compliance Officer's certification shall be accompanied by a
statement explaining the basis for such certification and must comply
with Section 1.16 of the Rules^ and be subscribed to as true under
penalty of perjury in substantially the form set forth therein.
p. If the Compliance Officer cannot provide the requisite certification,
the Compliance Officer, as an agent of and on behalf of Bridgewater,
shall provide the Commission with a detailed explanation of the
reason(s) why and describe fully (i) each instance of noncompliance;
(ii) the steps that Bridgewater has taken or will take to remedy such
noncompliance, including the schedule on which proposed remedial
actions will be taken; and (iii) the steps that Bridgewater has taken
or will take to prevent the recurrence of any such noncompliance,
including the schedule on which such preventive action will be taken.
q. All Compliance Reports shall be submitted to the Chief, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, S.W., Washington, DC 20554, with a copy
submitted electronically to Celia Lewis at Celia.Lewis@fcc.gov and to
Daudeline Meme at Daudeline.Meme@fcc.gov.
13. Termination Date. Unless stated otherwise, the requirements of
paragraphs 9 through 12 of this Consent Decree shall expire thirty-six
(36) months after the Effective Date.
14. Voluntary Contribution. Bridgewater agrees that it will make a
voluntary contribution to the United States Treasury in the amount of
seven thousand five hundred dollars ($7,500) within thirty (30)
calendar days after the Effective Date. Bridgewater shall also send
electronic notification of payment to Celia Lewis at
Celia.Lewis@fcc.gov, Daudeline Meme at Daudeline.Meme@fcc.gov, and
Samantha Peoples at Sam.Peoples@fcc.gov on the date said payment is
made. The payment must be made by check or similar instrument, wire
transfer, or credit card and must include the NAL/Account Number and
FRN referenced above. 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.
If you have questions regarding payment procedures, please contact the
Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
e-mail, ARINQUIRIES@fcc.gov.
15. Waivers. Bridgewater waives any and all rights it may have to seek
administrative or judicial reconsideration, review, appeal, or stay,
or to otherwise challenge or contest the validity of this Consent
Decree and the Adopting Order, provided the Bureau issues an Adopting
Order as defined herein. Bridgewater shall retain the right to
challenge Commission interpretation of the Consent Decree or any terms
contained herein. If either Party (or the United States on behalf of
the Commission) brings a judicial action to enforce the terms of the
Adopting Order, neither Bridgewater nor the Commission shall contest
the validity of the Consent Decree or of the Adopting Order, and
Bridgewater shall waive any statutory right to a trial de novo.
Bridgewater hereby agrees to waive any claims it may have under the
Equal Access to Justice Act^ ^ relating to the matters addressed in
this Consent Decree.
16. Invalidity. In the event that this Consent Decree in its entirety is
rendered invalid by any court of competent jurisdiction, it shall
become null and void and may not be used in any manner in any legal
proceeding.
17. Subsequent Rule or Order. The Parties agree that if any provision of
the Consent Decree conflicts with any subsequent Rule or order adopted
by the Commission (except an order specifically intended to revise the
terms of this Consent Decree to which Bridgewater does not expressly
consent) that provision will be superseded by such Rule or Commission
order.
18. Successors and Assigns. Bridgewater agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
19. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties with
respect to the Investigation. The Parties further agree that this
Consent Decree does not constitute either an adjudication on the
merits or a factual or legal finding or determination regarding any
compliance or noncompliance with the Communications Laws.
20. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
21. Paragraph Headings. The headings of the paragraphs in this Consent
Decree are inserted for convenience only and are not intended to
affect the meaning or interpretation of this Consent Decree.
22. Authorized Representative. The individual signing this Consent Decree
on behalf of Bridgewater represents and warrants that he is authorized
by Bridgewater to execute this Consent Decree and to bind Bridgewater
to the obligations set forth herein. The FCC signatory represents that
he is signing this Consent Decree in his official capacity and that he
is authorized to execute this Consent Decree.
23. Counterparts. This Consent Decree may be signed in any number of
counterparts (including by facsimile), each of which, when executed
and delivered, shall be an original, and all of which counterparts
together shall constitute one and the same fully executed instrument.
________________________________
John D. Poutasse
Chief, Spectrum Enforcement Division
Enforcement Bureau
________________________________
Date
________________________________
Rodney D. Alderfer
President
Bridgewater HealthCare, Inc., d/b/a
Bridgewater Retirement Community
______________________________
Date
^ 47 U.S.C. S 301.
^ 47 C.F.R. S 1.903(a).
^ 47 U.S.C. SS 154(i), 154(j), 503(b).
^ 47 C.F.R. SS 0.111, 0.311.
^ 47 U.S.C. S 301.
^ 47 C.F.R. S 1.903(a).
^ See Biennial Regulatory Review - Amendment of Parts 0, 1, 13, 22, 24,
26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to
Facilitate the Development and Use of the Universal Licensing System in
the Wireless Telecommunications Services, 13 FCC Rcd 21027, 21071, para.
96 (1998) (Universal Licensing System Report and Order) (adopting inter
alia Section 1.949 of the Rules); Memorandum Opinion and Order on
Reconsideration, 14 FCC Rcd 11476, 11485-86, para. 22 (1999) (Universal
Licensing System MO&O) (collectively, Universal Licensing System Orders).
^ See Letter from John D. Poutasse, Chief, Spectrum Enforcement Division,
FCC Enforcement Bureau, to Dick Stutzman, Director of Facilities
Management, Bridgewater Retirement Community (Oct. 12, 2012) (on file in
EB-SED-12-00001713).
^ 47 U.S.C. S 301.
^ 47 C.F.R. S 1.903(a).
^ Id. S 1.949(a). If a licensee intending continued operations fails to
file a timely renewal application, the Commission nevertheless requires
such licensee to seek operating authority. See Universal Licensing System
Report and Order, 13 FCC Rcd at 21071, para. 98 (directing licensees that
fail to file timely renewal applications to submit a new application or,
if necessary, a request for special temporary operating authority);
Universal Licensing System MO&O, 14 FCC Rcd at 11485-86, para. 22
(permitting, in the alternative, the acceptance and processing of late
filed renewal applications under certain circumstances).
^ 47 C.F.R. S 1.955(a)(1).
^ On January 3, 2011, the Commission's Wireless Telecommunications Bureau
(Wireless Bureau) sent Bridgewater a courtesy "renewal reminder" notice
for station WPSE416, alerting Bridgewater that it was required to file
renewal applications for the station prior to the expiration of the
station's license if it planned to continue operation. See Automated
Renewal Reminder Letters from the FCC Wireless Telecommunications Bureau
to Bridgewater Retirement Community, Reference No. 5083342 (Jan. 3, 2011).
^ See FCC File No. 0004679095 (Apr. 5, 2011). In its waiver request,
Bridgewater disclosed that it continued to operate the station after the
expiration of the station license. See id., Attachment.
^ See Notice of Return, ULS Reference No. 5159591 (May 20, 2011) (Notice
of Return).
^ See Notice of Return (stating that "[i]f you do not file an Amendment to
your application within 60 days of the date at the top of this letter,
your application will be Dismissed.").
^ See FCC File No. 0004755903 (June 7, 2011).
^ See Notice of Dismissal, ULS Reference No. 0004679095 (Aug. 9, 2011).
^ See FCC File No. 0005086174 (May 1, 2012).
^ See supra note 4.
^ See Letter from Tom Carper, Director of Facilities Management,
Bridgewater Retirement Community, to Celia Lewis, Spectrum Enforcement
Division, FCC Enforcement Bureau (Nov. 1, 2012) (on file in
EB-SED-12-00001713) (LOI Response).
^ See id. at 1.
^ See Tolling Agreement, File No. EB-SED-12-00001713, executed by and
between John D. Poutasse, Chief, Spectrum Enforcement Division, FCC
Enforcement Bureau, and John C. Trent, Esq., Putbrese Hunsaker & Trent,
P.C., Counsel for Bridgewater HealthCare, Inc., d/b/a Bridgewater
Retirement Community (Dec. 20, 2012) (on file in EB-SED-12-00001713).
^ 47 C.F.R. S 1.16.
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
^ Equal Access to Justice Act, Pub L. No. 96-481, 94 Stat. 2325 (1980)
(codified at 5 U.S.C. S 504); see also 47 C.F.R. SS 1.1501-1.1530.
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