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Smart Park Airport Parking, Essington, PA

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Released: December 31, 1969

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

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

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: January 22, 2009
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 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).

II.

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 2nd 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


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."

Federal Communications Commission

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.

III.

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 2nd
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,


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).
2

Federal Communications Commission

and the statutory factors to the instant case, we conclude that Smart Park is apparently liable for a ($4,000)
forfeiture.

IV.

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. 20554.8 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.


8 47 U.S.C. 503(b), 47 C.F.R. 0.111, 0.311, 0.314, 1.80, 1.903(a).
8 See 47 C.F.R. 1.1914.
3

Federal Communications Commission

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
4

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