Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Atlanticare Medical Center EMS

Download Options

Released: September 23, 2013

Federal Communications Commission

DA 13-1951

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Atlanticare Medical Center EMS
)
File Number: EB-FIELDNER-12-00004868
)
NAL/Acct. No: 201332400004
Licensee of WQME366
)
FRN: 0019924471
Egg Harbor Township, New Jersey
)

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted: September 23, 2013
Released: September 23, 2013
By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau:

I.

INTRODUCTION

1.
In this Notice of Apparent Liability for Forfeiture (NAL), we find that Atlanticare Medical
Center EMS (Atlanticare), licensee of Private Land Mobile Radio Station WQME366 in Egg Harbor
Township, New Jersey, apparently willfully and repeatedly violated Section 301 of the Communications
Act of 1934, as amended (Act)1 and Section 1.903(a)(b) of the Commission's Rules (Rules)2 by operating
radio transmitting equipment on the frequency 154.4825 MHz from an unauthorized location in
Hammonton, New Jersey. We conclude, pursuant to Section 503(b) of the Act,3 that Atlanticare is
apparently liable for a forfeiture in the amount of four thousand dollars ($4,000).

II.

BACKGROUND

2.
On October 17, 2012, the Enforcement Bureau's Philadelphia Office (Philadelphia
Office) received a complaint of interference from Sunshine Communications Corp. (Sunshine), licensee
of Private Land Mobile Radio Station WPYX851 in Philadelphia, Pennsylvania, alleging that an
unidentified digital transmitter was causing harmful co-channel interference on the frequency 154.4825
MHz in the Philadelphia, Pennsylvania area.4
3.
On October 17, 2012, immediately after receiving the complaint, agents from the
Philadelphia Office monitored radio transmissions on the frequency 154.4825 MHz. Using direction
finding techniques, agents identified the source of the transmissions on 154.4825 MHz as a mobile relay
station operating from the municipal water tower along North 4th Street in Hammonton, New Jersey, near
the coordinates 39 39' 2.92" North Latitude 074 48' 22.05" West Longitude (Water Tower). The agents
conducted an inspection of the radio transmitting equipment, which was located inside the Water Tower
and, with the assistance of a Town of Hammonton employee, determined that Atlanticare was operating a

1 47 U.S.C. 301.
2 47 C.F.R. 1.903(a)(b).
3 47 U.S.C. 503(b).
4 See Complaint (October 17, 2012) (on file in EB-FIELDNER-00004868).

Federal Communications Commission

DA 13-1951

mobile relay station on the frequency 154.4825 MHz.5 Later that day, agents coordinated radio
transmission tests with an Atlanticare technician and verified that Atlanticare's operation of the mobile
relay station on 154.4825 MHz was the source of the interference to Sunshine.
4.
After the inspection, the agents searched the Commission's records and found that
Atlanticare holds a license for Private Land Mobile Radio Station WQME366. Pursuant to the license for
Station WQME366, Atlanticare is authorized to operate mobile relay stations from five different
locations.6 The license for Station WQME366, however, does not authorize operation of a mobile relay
station from inside the Water Tower.
5.
On November 20, 2012, the Philadelphia Office issued a Notice of Violation to
Atlanticare for operating a mobile relay station from an unauthorized location.7 On December 7, 2012,
the Philadelphia Office received a response from Atlanticare, in which Atlanticare admitted to operating
the mobile relay station from the Water Tower in Hammonton, New Jersey.8 Atlanticare also reported
that Station WQME36 was deactivated after the October 17, 2012 inspection and would remain
deactivated until all discrepancies had been resolved.
6.
On April 30, 2013, the Commission granted Atlanticare a special temporary authorization
to operate a mobile relay station from the Water Tower under call sign WQRF240.9 In addition, a
representative from Atlanticare's radio vendor reported to an agent in the Philadelphia Office that it was
in the process of applying for a license for Atlanticare to operate a mobile relay station from the Water
Tower on a permanent basis.

III.

DISCUSSION

7.
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.10 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.11 The legislative history to Section 312(f)(1) of the Act clarifies that this definition of willful applies to

5 The agents were able to identify the equipment as belonging to Atlanticare because the cables connected to the
equipment were labeled "Atlanticare."
6 Atlanticare's license for Station WQME366 authorizes the operation of mobile relay stations from the following
five locations: (1) 39-21-16.3 N, 074-26-12.8 W; (2) 38-59-45.0 N, 074-50-18.0 W; (3) 39-16-48.7 N, 074-33-42.9
W; (4) 39-32-01.4 N, 074-40-58.6 W; and (5) 39-19-14.4 N, 074-46-16.2 W.
7 See Atlanticare Medical Center EMS, Notice of Violation, V201332400004 (Nov. 20, 2012) (on file in EB-
FIELDNER-12-00004868) (NOV). The NOV also cited Atlanticare for transmitting digital emissions on the
frequency 154.4825 MHz; the license for Station WQME366 only authorizes FM narrowband analog voice
emissions.
8 See Letter from Margaret Belfield, Chief Operating Officer, Atlanticare Medical Center EMS (Dec. 7, 2012) (on
file in EB-FIELDNER-12-00004868) (Response). In its Response, Atlanticare states that the license application
mistakenly indicated that Station WQME366 would operate on an analog basis. Atlanticare also reported that its
radio vendor was in the process of preparing an application to address the location of the station.
9 See Application No. 0005756949, granted April 30, 2013.
10 47 U.S.C. 503(b).
11 47 U.S.C. 312(f)(1).
2

Federal Communications Commission

DA 13-1951

both Sections 312 and 503(b) of the Act,12 and the Commission has so interpreted the term in the Section
503(b) context.13 The Commission may also assess a forfeiture for violations that are merely repeated,
and not willful.14 The term "repeated" means the commission or omission of such act more than once or for
more than one day.15

A.

Unauthorized Operation

8.
The record evidence in this case establishes that Atlanticare operated radio transmitting
equipment from a location 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.16 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 rules applicable to their particular service and with a valid
authorization granted by the Commission.17 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.18 During an inspection on October 17, 2012, agents found that Atlanticare was operating a
mobile relay station on the frequency 154.4825 MHz from the Water Tower in Hammonton, New Jersey.
Atlanticare violated the foregoing sections of the Act and Rules because its FCC license for Private Land
Mobile Radio Station WQME366 does not authorize operation of radio transmitting equipment on the
frequency 154.4825 MHz from that location. Therefore, based on the evidence before us, we find that
Atlanticare apparently willfully and repeatedly violated Section 301 of the Act and Section 1.930(a)(b)
of the Rules by operating radio transmitting equipment from an unauthorized location.

B.

Proposed Forfeiture Amount and Reporting Requirement

9.
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 $4,000.19 In assessing the

12 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 . . . .").
13 See, e.g., Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388, para.
5 (1991), recons. denied, 7 FCC Rcd 3454 (1992).
14 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).
15 Section 312(f)(2) of the Act, 47 U.S.C. 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,
para. 9.
16 47 U.S.C. 301.
17 47 C.F.R. 1.903(a).
18 47 C.F.R. 1.903(b).
19 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,
(continued....)
3

Federal Communications Commission

DA 13-1951

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.20 Applying the Forfeiture Policy Statement, Section 1.80 of the Rules,
and the statutory factors to the instant case, we conclude that Atlanticare is apparently liable for a forfeiture
of $4,000 for operating radio transmitting equipment from an unauthorized location.

IV.

ORDERING CLAUSES

10.
Accordingly,

IT IS ORDERED

that, pursuant to Section 503(b) of the Communications
Act of 1934, as amended, and Sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's rules,
Atlanticare Medical Center EMS is hereby

NOTIFIED

of this

APPARENT LIABILITY FOR A
FORFEITURE

in the amount of four thousand dollars ($4,000) for violations of Section 301 of the Act
and Section 1.903(a)(b) of the Commission's rules.21
11.

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, Atlanticare Medical Center EMS

SHALL PAY

the full amount of the proposed forfeiture or

SHALL FILE

a written statement seeking reduction or cancellation of the proposed forfeiture.
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. Atlanticare 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.22 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

(...continued from previous page)
15 FCC Rcd 303 (1999); 47 C.F.R. 1.80.
20 47 U.S.C. 503(b)(2)(E).
21 47 U.S.C. 301, 503(b); 47 C.F.R. 0.111, 0.204(b), 0.311, 0.314, 1.80, 1.903(a)(b).
22 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
4

Federal Communications Commission

DA 13-1951

Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
13.
Any request for making full payment over time under an installment plan should be sent
to: Chief Financial Officer--Financial Operations, Federal Communications Commission, 445 12th
Street, S.W., Room 1-A625, Washington, D.C. 20554.23 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.
14.
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 1.80(f)(3) and 1.16 of the Rules.24 The written statement, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, Northeast Region, Philadelphia Office, One Oxford
Valley Building, Suite 404, 2300 East Lincoln Highway, Langhorne, Pennsylvania 19047, and must include
the NAL/Account number referenced in the caption. The statement should also be emailed to NER-
Response@fcc.gov.
15.
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 principles (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.
16.

IT IS FURTHER ORDERED

that a copy of this Notice of Apparent Liability for
Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and First Class Mail to
Atlanticare Medical Center EMS at 6685 Washington Avenue, Egg Harbor Township, New Jersey 08234.
FEDERAL COMMUNICATIONS COMMISSION
David C. Dombrowski
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau

23 See 47 C.F.R. 1.1914.
24 See 47 C.F.R. 1.80(f)(3), 1.16.
5

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.