**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number EB-08-PA-0259       |
|                                  |   |                                 |
| Smart Park Airport Parking       | ) | NAL/Acct. No. 200932400003      |
|                                  |   |                                 |
| Licensee of Station WQAT722      | ) | FRN: 0010-72-4557               |
|                                  |   |                                 |
| Essington, Pennsylvania          | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE {#notice-of-apparent-liability-for-forfeiture .unnumbered}

Released: January 22, 2009

By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("*NAL*"), we
    find that Smart Park Airport Parking ("Smart Park"), the licensee of
    Land Mobile Radio Service station WQAT722 in Essington,
    Pennsylvania, apparently willfully and repeatedly violated Section
    1.903(a) of the Commission\'s Rules ("Rules")[^1] by failing to
    operate the station consistent with the terms of the station
    authorization. We conclude, pursuant to Section 503(b) of the
    Communications Act of 1934, as amended ("Act"),[^2] that Smart Park
    is apparently liable for a forfeiture in the amount of four thousand
    dollars (\$4,000).

# BACKGROUND

2.  Smart Park operates parking facilities near the Philadelphia
    International Airport and is the licensee of Land Mobile Radio
    Service station WQAT722, which authorizes the operation of mobile
    relay stations (FB2) at 900 East 2^nd^ Street, Essington,
    Pennsylvania on the frequencies 464.6375 MHz and 461.5625 MHz.

3.  On June 11, 2008, in response to a complaint, agents from the FCC's
    Philadelphia Office used direction finding techniques to determine
    that Smart Park operated the 464.6375 MHz mobile relay station at
    1070 Tinicum Island Road, Lester, Pennsylvania and the 461.5625 MHz
    mobile relay station at 940 Eddystone Avenue, Eddystone,
    Pennsylvania.[^3]

4.  On July 1, 2008, the Philadelphia Office issued a Letter of Inquiry
    to Smart Park as a follow-up to the June 11, 2008, inspection. The
    Philadelphia Office requested further information about the
    operation of the mobile relay stations at the unauthorized
    locations. On July 21, 2008, the Philadelphia Office received the
    response from Smart Park stating that it outsourced the licensing
    and installation of its radio communications equipment to Radio
    Communications Service, Inc. Smart Park stated that on February 14,
    2004, Radio Communications installed the 464.6375 MHz repeater
    system at 1070 Tinicum Island Road, Lester, Pennsylvania. Smart Park
    also stated that on June 12, 2004, Radio Communications installed
    the 461.5625 MHz repeater at 940 Eddystone Avenue, Eddystone,
    Pennsylvania. Smart Park acknowledged that it did not have
    authorization to operate the mobile relay stations at either
    location. Smart Park also acknowledged that it was now operating the
    mobile relay stations at the authorized location of 900 East 2nd
    Street, Essington, Pennsylvania 19029.

# DISCUSSION

5.  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) of the Act has been interpreted to mean simply that
    the acts or omissions are committed knowingly.[^4] The term
    "repeated" means the commission or omission of such act more than
    once or for more than one day.[^5]

6.  Section 1.903(a) of the Rules requires that stations in the Wireless
    Radio Services 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) further
    provides that the "holding of an authorization does not create any
    rights beyond the terms, conditions, and period specified in the
    authorization." The authorization for Land Mobile Radio Service
    station WQAT722 requires Smart Park to operate its mobile relay
    stations on the frequencies 464.6375 MHz and 461.5625 MHz at 900
    East 2^nd^ Street, Essington, Pennsylvania. On June 11, 2008, agents
    determined that Smart Park was operating the 464.6375 MHz mobile
    relay station at 1070 Tinicum Island Road, Lester, Pennsylvania and
    the 461.5625 MHz mobile relay station at 940 Eddystone Avenue,
    Eddystone, Pennsylvania. In the July 21, 2008 Response, Smart Park
    acknowledged that it had been operating the 464.6375 MHz station at
    the unauthorized location since February 14, 2004 and the 461.4625
    MHz station at the unauthorized location since June 12, 2004.
    Because the operation on the unauthorized frequency occurred for
    more than one day, we find that the violation was repeated. Because
    Smart Park admitted that it had knowingly operated the stations at
    the unauthorized locations, the violation was willful.

7.  Based on the evidence before us, we find that Smart Park apparently
    willfully and repeatedly violated Section 1.903(a) of the Rules by
    operating mobile relay stations at an unauthorized location and in a
    manner not consistent with the terms of the station authorization.

8.  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 operation at an
    unauthorized location is \$4,000.[^6] 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.[^7] Applying the *Forfeiture Policy Statement*,
    Section 1.80 of the Rules, and the statutory factors to the instant
    case, we conclude that Smart Park is apparently liable for a
    (\$4,000) forfeiture.

# ORDERING CLAUSES

9.  Accordingly**, IT IS ORDERED** that, pursuant to Section 503(b) of
    the Communications Act of 1934, as amended, and Sections 0.111,
    0.311, 0.314 and 1.80 of the Commission\'s Rules, Smart Park Airport
    Parking is hereby **NOTIFIED** of this **APPARENT LIABILITY FOR A
    FORFEITURE** in the amount of four thousand dollars (\$4,000) for
    violation of Section 1.903(a) of the Rules.[^8]

10. **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, Smart Park **SHALL
    PAY** the full amount of the proposed forfeiture or **SHALL FILE** a
    written statement seeking reduction or cancellation of the proposed
    forfeiture.

11. 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.[^9]   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, Smart Park will
    send electronic notification on the date said payment is made to
    NER-Response@fcc.gov.

12. The response, 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/Acct. No. referenced in the caption.

13. 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.

14. **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 Smart Park at its address of
    record.

FEDERAL COMMUNICATIONS COMMISSION

Gene J. Stanbro

District Director

Philadelphia Office

Northeast Region

Enforcement Bureau

[^1]: 47 C.F.R. § 1.903(a).

[^2]: 47 U.S.C. § 503(b).

[^3]: Smart Park's facility at 1071 Tinicum Island Road in Lester,
    Pennsylvania operates under the name "Express Park."

[^4]: Section 312(f)(1) of the Act, 47 U.S.C. § 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).

[^5]: 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."

[^6]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^7]: 47 U.S.C. § 503(b)(2)(E).

[^8]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80,
    1.903(a).

[^9]: ^8^ *See* 47 C.F.R. § 1.1914.