Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
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
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 22, 2009
By the District Director, Philadelphia Office, Northeast Region,
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") 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"), that Smart Park is apparently liable for a forfeiture
in the amount of four thousand dollars ($4,000).
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.
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.
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. The term "repeated" means the commission or
omission of such act more than once or for more than one day.
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. 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 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.
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
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.
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
47 C.F.R. S: 1.903(a).
47 U.S.C. S: 503(b).
Smart Park's facility at 1071 Tinicum Island Road in Lester, Pennsylvania
operates under the name "Express Park."
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."
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
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).
8 See 47 C.F.R. S: 1.1914.
(...continued from previous page)
Federal Communications Commission
Federal Communications Commission