Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Radio Communications Service Inc ) File No. EB-10-PA-0314 Licensee of Radio Station WPMG456 ) Boothwyn, Pennsylvania ) NOV No. V201132400013 ) ) NOTICE OF VIOLATION Released: February 1, 2011 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission’s Rules,1 to Radio Communications Services Inc, licensee of radio station WPMG458 in Boothwyn, Pennsylvania. 2. On December 6, 2010 and December 7, 2010, agents of the Enforcement Bureau’s Philadelphia Office inspected the radio transmitting equipment at the Delaware County Memorial Hospital,2 501 North Lansdowne Avenue, Drexel Hill, Pennsylvania and observed the following violation: 47 C.F.R. § 90.427(b): “Except for frequencies used in accordance with $ 90.417, no person shall program into a transmitter frequencies for which the licensee using the transmitter is not authorized.” At the time of the inspection, the agents found that Radio Communications Service Inc. had programmed radio transmitting equipment at Delaware County Memorial Hospital with the frequencies 464.7625 MHz, 468.5250 MHz, and 467.8625 MHz for which the Crozer Chester Medical Center was not authorized under their station licenses WNZI238, WPKT766, WQEB712, and WQGL716 and the Delaware County Memorial Hospital was not authorized under their station licenses KNGR815, WPJZ554, WQBF996, WQCR927, and WQGU730. 1 47 C.F.R. § 1.89. 2 Delaware County Memorial Hospital is part of Crozer Chester Medical Center's community of hospitals. As a result, some of the private land mobile radio stations operated at Delaware County Memorial Hospital are licensed to Delaware County Memorial Hospital and others are licensed to Crozer Chester Medical Center. Federal Communications Commission 2 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section 1.89 of the Commission's Rules, Radio Communications Service Inc 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 action(s) taken to correct each violation and preclude recurrence, and should include a time line for completion of pending corrective action(s). The response must be complete in itself and signed by a principal or officer of the Radio Communications Service Inc. 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. This Notice shall be sent to by Certified Mail/Return Receipt Requested and regular mail to Radio Communications Service Inc at its address of record. 5. The Privacy Act of 19744 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.5 FEDERAL COMMUNICATIONS COMMISSION Gene J. Stanbro District Director Philadelphia District Office Northeast Region Enforcement Bureau 3 47 U.S.C. § 403. 4 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 5 18 U.S.C. § 1001 et seq.