Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
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 )
)
Thomas Jefferson University Hospital ) File No. EB-
04-PA-174
)
Station WPVQ779 ) NOV No. V20053240004
)
Philadelphia, Pennsylvania )
NOTICE OF VIOLATION
Released: February
04, 2005
By the District Director, Philadelphia Office, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Thomas Jefferson University Hospital (``Thomas Jefferson''),
the licensee of station WPVQ779.
2. On November 15, 2004, Lankenau Hospital, the licensee
of station WPQJ871, informed the Commission's Philadelphia
Office that Lankenau Hospital was receiving harmful co-
channel interference from station WPVQ799. On December 2,
2004, an agent with the Philadelphia Office inspected
station WPVQ799 and found that Thomas Jefferson was in
violation of the following:
2.a. 47 C.F.R. � 1.903(a): ``Stations in the
Wireless Radio Service must be used and
operated only in accordance with the rule
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, except as
specified in paragraph (b) of this section.''
The license for station WPVQ779 specifies an
Effective Radiated Power (``ERP'') of 250 Watts
and an overall antenna height above ground of
1.5 meters for the 163.250 MHz paging
transmitter at 11th and Walnut Street,
Philadelphia, Pennsylvania. However, Thomas
Jefferson was operating the paging transmitter
with an ERP of 569 Watts and an overall antenna
height above ground of at least 51.8 meters.2
Furthermore, the license for station WPVQ779
specifies an ERP of 100 Watts and an overall
height of 3.3 meters for the 163.250 MHz paging
transmitter at 2301 South Broad Street,
Philadelphia, Pennsylvania. However, Thomas
Jefferson was operating the paging transmitter
with an ERP of 116 Watts and an overall antenna
height above ground of at least 12.1 meters.3
2.b. 47 C.F.R. � 90.425(a): ``...each station or
system shall be identified by the transmission
of the assigned call sign during each
transmission or exchange of transmissions, or
once each 15 minutes during periods of
continuous operation. The call sign shall be
transmitted by voice in the English Language or
by International Morse Code in accordance with
paragraph (b) of this section.'' Thomas
Jefferson was identifying station WPVQ779 with
the incorrect call sign KR1649.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,4 and Section 1.89 of the Commission's
Rules, Thomas Jefferson University Hospital 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
actions taken to correct each violation and preclude
recurrence, and should include a time line for completion of
pending corrective actions. The response must be complete
in itself and signed by a principal or officer of the
licensee with personal knowledge of the matter. 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. Failure to respond to this Notice constitutes a
separate violation that could result in additional
penalties, including monetary forfeiture.
5. This Notice shall be sent to the address of record for
Thomas Jefferson University Hospital.
6. The Privacy Act of 19745 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.6
FEDERAL COMMUNICATIONS
COMMISSION
John E. Rahtes
District Director
Philadelphia Office
_________________________
147 C.F.R. � 1.89.
2The antenna for the 163.250 MHz paging transmitter at 11th and
Walnut Street, Philadelphia, Pennsylvania was mounted on the roof
of a 17 story building. Therefore, the Philadelphia Office
estimated that the overall height of the antenna was at least 170
feet (51.8 meters).
3The antenna for the 163.250 MHz paging transmitter at 2301 South
Broad Street, Philadelphia, Pennsylvania was mounted on the roof
of a 4 story building. Therefore, the Philadelphia Office
calculated that the overall height of the antenna was at least 40
feet (4 * 10 feet) or 12.1 meters.
447 U.S.C. � 308(b).
5P.L. 93-579, 5 U.S.C. � 552a(e)(3).
6 18 U.S.C. � 1001 et seq.