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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
     In the Matter of                                                        
                                             )                               
     Seventh-Day Adventist Community                                         
     Health Serv. of Greater NY              )   File No. EB-08-NY-0146      
                                                                             
     Licensee of Station W32DF               )   NAL/Acct. No. 200932380005  
                                                                             
     Hempstead, New York                     )   FRN: 0011503620             
                                                                             
     Facility ID # 155                       )                               
                                                                             
                                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released: April 22, 2009

   By the District Director, New York Office, Northeast Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Seventh-Day Adventist Community Health Serv. of Greater NY
       ("SDACH"), licensee of Low-Power Television (LPTV) station W32DF in
       Hempstead, New York, apparently willfully and repeatedly violated
       Sections 1.903(a), 1.903(b), and 11.35(a) of the Commission's Rules
       ("Rules) by operating with an unauthorized antenna model and
       orientation, operating from an unauthorized location, and failing to
       install required Emergency Alert System (EAS) equipment. We conclude,
       pursuant to Section 503(b) of the Communications Act of 1934, as
       amended ("Act"), that SDACH is apparently liable for a forfeiture in
       the amount of nineteen thousand dollars ($19,000).

   II. BACKGROUND

    2. On April 9, 2008, The FCC's Enforcement Bureau received a complaint
       from a licensed New York area broadcaster alleging that Station W32DF
       was operating with an unauthorized antenna model and orientation,
       resulting in an unauthorized radiation pattern which was causing
       harmful interference to its station. The complaint was referred to the
       FCC's New York Office for further investigation.

    3. SDACH is authorized by its license, File No. BLTTL-20080201BPD, to
       operate LPTV station W32DF, Hempstead, NY, on channel 32 located at a
       transmitter site in Hicksville, NY. Specifically, Station W32DF's
       construction permit, File No. BPTTL-20040910AAX (expired), and current
       station license to cover the construction permit authorize operation
       at antenna coordinates 40DEG 45' 27" north latitude and 73DEG 32' 58"
       west longitude, with a Micro Communications Inc. (MCI) Model 955314
       directional antenna and major lobe directions of 40DEG and 130DEG,
       consistent with SDACH's proposal in its underlying application for
       construction permit.  W32DF's application for construction permit
       included a signed Engineering Statement proposing use of the model
       955314 antenna, and a map of the station's predicted service contour,
       with major lobe directions at 40DEG and 130DEG, and a general pattern
       direction facing easterly at 85DEG. The contour overlap and
       interference studies included in the application are based on this
       proposed pattern. On its application for broadcast station license to
       cover the construction permit, File No. BLTTL-20080201BPD, filed
       February 1, 2008, SDACH certified in Section II that "apart from
       changes already reported, no cause or circumstance has arisen since
       the grant of the underlying construction permit which would result in
       any statement or representation contained in the construction permit
       application to be now incorrect." SDACH certified in Section III and
       Exhibit 7 of the license application that W32DF was constructed as
       authorized in the underlying construction permit except for a change
       of ERP from 20 kW to 3 kW. SDACH did not report any changes in the
       antenna model or orientation.

    4. On April 24, 2008, agents from the Commission's New York Office
       conducted an inspection of LPTV station W32DF's antenna and
       transmitter site located at 34 Charlotte Ave, Hicksville, NY 11801,
       which is approximately 700 feet from the station's authorized
       location. The station was observed to be broadcasting on television
       channel 32 from a single-panel directional antenna mounted atop a
       34-meter tower at coordinates 40DEG 45' 29.9" north latitude and
       073DEG 32' 49.2" west longitude, approximately 0.225 km (737 ft.)
       east-northeast of the authorized location. The agents observed that
       there were no station personnel at the site, and that there was no
       call sign and no station contact information posted at the structure
       or anywhere else at the site. The agents also observed that there was
       no EAS decoder installed as required for a LPTV station. The agents
       determined that the panel antenna was oriented at approximately 230DEG
       relative to true North. The agents then took calibrated field strength
       measurements of the station's signal at various points around the
       W32DF transmitter, which indicated extremely low readings in all
       eastern directions, and the strongest readings to the southwest. By
       far, the strongest signals measured were at 217DEG and 246DEG,
       confirming an unauthorized radiation pattern consisting of a single
       lobe direction of approximately 230DEG.

    5. On May 1, 2008, an agent spoke by telephone to SDACH's consulting
       engineer for W32DF, and advised him that the W32DF antenna was pointed
       in the wrong direction and was the wrong type. The engineer stated
       that the station did a recent installation and was hoping to get its
       digital channel 20 on the air soon. He stated that the licensee did
       not obtain the antenna authorized in its construction permit and that
       the actual antenna as installed is a single panel antenna oriented at
       approximately 220DEG to 230DEG as is specified in the station's
       digital construction permit. He stated that he would have the station
       turned off until he could file a change with the FCC for antenna type
       and orientation that would produce the allowable contour and that he
       would then turn the antenna to the authorized direction.

    6. Also on May 1, 2008, the agent spoke by telephone to SDACH's director,
       who stated that he was also the W32DF station manager. The agent
       advised him of the interference complaint, the violations observed for
       the wrong antenna type and orientation. The director stated that he
       and the consulting engineer were both at the transmitter site
       recently, where the engineer directed the installation of a new
       transmitter and antenna by an antenna installation company. The agent
       requested that the director fax to the New York Office all available
       information regarding the exact model and directional orientation of
       the antenna, and when and who installed it.

    7. On May 5, 2008, the agent again spoke with SDACH's director, who
       stated that the station was still on the air, and would be shut down
       later in the day. The agent advised him that the antenna site is over
       700 feet from the authorized site, and requires application to the FCC
       to change the license to the correct coordinates. In response to
       questions, the director also confirmed that W32DF did not have any EAS
       equipment installed.

    8. The New York Office received a fax from the director on SDACH
       letterhead which included the specification sheet for the antenna
       installed (SIRA model UTV-01/E UHF Panel Antenna), an estimated bill
       for the antenna and an Elettronica transmitter, and a copy of the
       W32DF station license. The specifications for the UTV-01/E antenna
       show that it is a single panel directional antenna which produces a
       narrow single lobe radiation pattern. The director also included in
       the fax contact information for the antenna installation company.

    9. On May 7, 2008, the agent again spoke with SDACH's director who stated
       that the station was still on the air. The agent advised the director
       that SDACH may be subject to a fine for the violations, especially for
       continued operation with unauthorized facilities after being warned of
       the violations and the interference that the station was causing to
       another licensee.

   10. On June 24 and 26, 2008, the agent contacted the antenna installation
       company's president, who confirmed that his company installed the
       W32DF antenna, a SIRA model UTV-01/E UHF panel antenna, for SDACH on
       January 29, 2008.

   III. DISCUSSION

   11. 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. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

   12. Section 1.903(a) of the Rules provides 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. 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. 
       SDACH's station license authorizes SDACH to operate station W32DF with
       a Micro Communications Inc. (MCI) Model 955314 directional antenna and
       major lobe directions of 40DEG and 130DEG  at antenna coordinates
       40DEG 45' 27" north latitude and 73DEG 32' 58" west longitude. During
       an inspection conducted on April 24, 2008, Commission agents
       determined that the station was broadcasting with an unauthorized
       single-panel directional antenna oriented at approximately 230DEG from
       an unauthorized location. SDACH's consulting engineer admitted that
       the licensee did not obtain the authorized antenna for station W32DF
       and that the actual antenna as installed is a single-panel antenna
       oriented at approximately 220DEG to 230DEG. Both SDACH's director and
       the president of the  antenna installation company confirmed that the
       antenna installed is a single-panel, SIRA model UTV-01/E UHF Panel
       Antenna. On May 1 and 5, 2008, an agent verbally warned SDACH's
       director of the violations. Notwithstanding these warnings, the
       director admitted that the station was still on the air and operating
       with unauthorized facilities as of May 7, 2008; we therefore find that
       the violation was willful. Because the violation occurred for more
       than one day, we find that the violation was repeated.

   13. Section 11.35(a) of the Rules provides that EAS Participants are
       responsible for ensuring that EAS Encoders, EAS Decoders, and
       Attention Signal generating and receiving equipment used as part of
       the EAS are installed so that the monitoring and transmitting
       functions are available during the times the stations are in
       operation. Section 11.11(a) requires LPTV stations that do not operate
       as translator stations to have an EAS decoder installed. Commission
       agents conducted an inspection of W32DF's transmitting facilities on
       April 24, 2008, and determined that the station did not have any EAS
       equipment installed. In response to an agent's questions, SDACH's
       director stated that W32DF did not have any EAS equipment installed.
       We find that SDACH willfully and repeatedly failed to install an EAS
       decoder.

   14. Based on the evidence before us, we find that SDACH apparently
       willfully and repeatedly violated Sections 1.903(a), 1.903(b), and
       11.35(a) of the Rules by failing to operate its station in accordance
       with the terms of the station authorization by operating with an
       antenna model and orientation not authorized by its station license,
       operating at an unauthorized location, and failing to install required
       Emergency Alert System (EAS) equipment.

   15. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for failure to maintain directional pattern
       within prescribed parameters is $7,000, the base forfeiture amount for
       construction or operation at an unauthorized location is $4,000, and
       the base forfeiture amount for failure to install EAS equipment is
       $8,000. 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, and 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 SDACH  is apparently liable for
       a $19,000 forfeiture.

   IV.  ORDERING CLAUSES

   16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       .314 and 1.80 of the Commission's Rules, Seventh-Day Adventist
       Community Health Serv. of Greater NY is hereby NOTIFIED of this
       APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand
       dollars ($19,000) for violations of Sections 1.903(a), 1.903(b), and
       11.35(a) of the Rules.

   17. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules, within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Seventh-Day Adventist
       Community Health Serv. of Greater NY SHALL PAY the full amount of the
       proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   18. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the Account Number and FRN Number
       referenced above. Payment by check or money order may be mailed to
       Federal Communications Commission, P.O. Box 979088, St. Louis, MO
       63197-9000. Payment by overnight mail may be sent to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. Payment by wire transfer may be made to ABA Number
       021030004, receiving bank Federal Reserve Bank of New York, and
       account number 27000001. For payment by credit card, an FCC Form 159
       (Remittance Advice) must be submitted.  When completing the FCC Form
       159, enter the NAL/Account number in block number 23A (call sign/other
       ID), and enter the letters "FORF" in block number 24A (payment type
       code). Requests for full payment under an installment plan should be
       sent to:  Chief Financial Officer -- Financial Operations, 445 12th
       Street, S.W., Room 1-A625, Washington, D.C.  20554.   If you have
       questions, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made,
       Seventh-Day Adventist Community Health Serv. Of Greater NY will send
       electronic notification on the date said payment is made to
       NER-Response@fcc.gov.

   19. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, New York Office, 201
       Varick Street, New York, NY 10014 and must include the NAL/Acct. No.
       referenced in the caption.

   20. 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.

   21. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Seventh-Day Adventist Community Health
       Serv. of Greater NY, at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Daniel W. Noel

   District Director

   New York  District  Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.903(a), 1.903(b), 11.35(a).

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

   According to specifications, the MCI Model 955314 has 4 "bays" or vertical
   levels, with each "bay" consisting of two panel antennas, oriented outward
   at 90DEG relative to each other. This produces two relatively narrow
   overlapping major lobe directions 90DEG apart, resulting in a "narrow
   cardioid" radiation pattern with a general pattern direction at 45DEG. The
   model 955314 is a standard antenna, antenna ID 20059, found in the FCC's
   CDBS Public Access Antenna Database. The standard radiation pattern, or
   Relative Field Polar Plot, for the model 955314 shows the major lobe
   directions at 0DEG and 90DEG. W32DF's application for construction permit
   specifies use of an MCI 955314 antenna with a 40DEG antenna rotation,
   resulting in major lobe directions at 40DEG and 130DEG, with a general
   pattern direction facing easterly at 85DEG.

   The Construction Permit and Station License were originally issued with a
   typographical error, stating the major lobe directions as 40DEG and
   230DEG. This is inconsistent with the construction permit application and,
   in fact, is not possible. With lobes at 90DEG apart for the MCI model
   955314 and a 40DEG rotation, the resulting major lobe directions must be
   at 40DEG and 130DEG. The error was corrected by Media Bureau's Video
   Division on June 26, 2008, and corrected license was mailed to SDACH.

   SDACH has a construction permit to operate a digital low power TV station
   on Ch. 20 in Hempstead, NY (W20CQ-D, Facility ID # 168738).

   Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   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."

   Section 1.901 of the Rules provides that "[t]he purpose of these rules is
   to establish the requirements and conditions under which entities may be
   licensed in the Wireless Radio Services as described in this part and in
   parts. . . 74. . . of this chapter." Section 1.907 of the Rules defines
   "Wireless Radio Services" as "[a]ll radio services authorized in parts. .
   .74. . . of this chapter, whether commercial or private in nature." We
   also note that Section 74.751(b)(2) of the Rules provides that formal
   application using FCC Form 346 is required for any change in the
   transmitting antenna system, including the direction of radiation and
   directive antenna pattern. Section 73.3538(a)(4) of the Rules, which
   applies to Part 74 stations pursuant to 47 C.F.R. S: 74.780, provides that
   prior authority is required for "[a]ny change in the location, height, or
   directional radiating characteristics of the antenna or antenna system."

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

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

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 1.903(a),
   1.903(b), 11.35(a)...

   See 47 C.F.R. S: 1.1914.

   Federal Communications Commission

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   Federal Communications Commission