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                                   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

                                                   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") 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).

   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.

    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.

   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.  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
       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.

   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

   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.
   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).

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission