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Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
International Aerospace Solutions, Inc. ) File No.: EB-FIELDWR-17-00023984
Licensee of Radio Station KTHO (AM) )
Facility ID # 51528 )
)
South Lake Tahoe, California )
)
NOTICE OF VIOLATION
Released: June 26, 2017
By the Regional Director, Region Three, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)
1
to International Aerospace Solutions, Inc., licensee of Station KTHO (AM),
South Lake Tahoe, California. Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does not
preclude the Enforcement Bureau from further action if warranted, including issuing a Notice of Apparent
Liability for Forfeiture for the violations noted herein.
2
2. On March 28, 2017, an agent of the Enforcement Bureau’s San Francisco Office
attempted to inspected Station KTHO (AM) in South Lake Tahoe, California, and observed violations of
the following Rules:
a. 47 CFR § 1.5 (a): “Each licensee shall furnish the Commission with
an address to be used by the Commission in serving documents or
directing correspondence to that licensee. Unless any licensee
advises the Commission to the contrary, the address contained in the
licensee’s most recent application will be used by the Commission
for this purpose.” At the time of inspection, the official mailing
address as listed in the Commission records was incorrect. The
licensee must submit a “Change in Official Mailing Address for
Broadcast Station” form.
b. 47 CFR § 73.1125(a) of the Rules requires broadcast stations to
maintain a main studio. The Commission has interpreted Section
1
47 CFR § 1.89.
2
47 CFR § 1.89(a).
Federal Communications Commission
2
73.1125 (also known as the “Main Studio Rule”) to require, among
other things, that a licensee maintain a “meaningful management and
staff presence” at its main studio. Specifically, the Commission has
found that a main studio “must, at a minimum, maintain full-time
managerial and full-time staff personnel.” At the time of inspection
there were no employees, and no managerial or staff presence, at the
location that was specified by the licensee as the main studio. There
had been no employee presence for several hours. The agent called
the station at its specified phone number several times but no one
representing the station answered the calls.
c. 47 CFR § 73.1225(a): “The licensee of a broadcast station shall
make the station available for inspection by representatives of the
FCC during the station’s business hours, or any time the station is in
operation.” The Commission agent was unable to conduct an
inspection because there was no staff or managerial presence at the
station.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,
3
and
Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial
actions taken. Therefore, International Aerospace Solutions, Inc., must submit a written statement
concerning this matter within twenty (20) days of release of this Notice. The response must (i) fully
explain each violation, including all relevant surrounding facts and circumstances, (ii) contain a statement
of the specific action(s) taken to correct each violation and preclude recurrence, and (iii) include a time
line for completion of any pending corrective action(s). Further, the response must be complete in itself
and must not be abbreviated by reference to other communications or answers to other notices.
4
4. In accordance with Section 1.16 of the Rules, we direct International Aerospace
Solutions, Inc. to support his response to this Notice with an affidavit or declaration under penalty of
perjury, signed and dated by International Aerospace Solutions, Inc., verifying the truth and accuracy of
the information therein,
5
and confirming that all of the information requested by this Notice which is in
the licensee’s possession, custody, control, or knowledge has been produced. To knowingly and willfully
make any false statement or conceal any material fact in reply to this Notice is punishable by fine or
3
47 U.S.C. § 308(b).
4
47 CFR § 1.89(c).
5
Section 1.16 of the Rules provides that “[a]ny document to be filed with the Federal Communications Commission
and which is required by any law, rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification, certificate, statement, oath or affidavit by the
person making the same, may be supported, evidenced, established or proved by the unsworn declaration,
certification, verification, or statement in writing of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially the following form . . . : ‘I declare (or certify,
verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)’.” 47
CFR § 1.16.
Federal Communications Commission
3
imprisonment under Title 18 of the U.S. Code.
6
5. 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
Los Angeles Regional Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
6. This Notice shall be sent to International Aerospace Solutions, Inc. at its address of
record.
7. The Privacy Act of 1974
7
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.
FEDERAL COMMUNICATIONS COMMISSION
Lark Hadley
Regional Director
Region Three
Enforcement Bureau
6
18 U.S.C. § 1001 et seq. See also 47 CFR § 1.17.
7
See 5 U.S.C. § 552a(e)(3).