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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: May 15, 2018
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 December 7, 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 § 11.61(a)(1),(2) of the Rules requires EAS Participants
shall conduct tests at regular intervals, as specified in paragraphs
(a)(1) and (a)(2) of this section. At the time of the inspection, there
were no EAS logs or station logs showing that the required weekly
or monthly EAS tests had been conducted.
b. 47 CFR § 73.1840(a): “Any log required to be kept by station
licensees shall be retained by them for a period of 2 years. However,
logs involving communications incident to a disaster or which
include communications incident to or involved in an investigation
by the FCC and about which the licensee has been notified, shall be
1
47 CFR § 1.89.
2
47 CFR § 1.89(a).
Federal Communications Commission
2
retained by the licensee until specifically authorized in writing by the
FCC to destroy them.” At the time of the inspection, the station log
and/or the EAS logs had not been maintained for the previous two
years.
c. 47 CFR § 73.1820(a)(1)(iii): “An entry of each test and activation of
the Emergency Alert System (EAS) pursuant to the requirement of
part 11 of this chapter and the EAS Operating Handbook. Stations
may keep EAS data in a special EAS log which shall be maintained
at a convenient location; however, this log is considered a part of the
station log.” At the time of the inspection, there was no station log or
EAS log showing entries of the required weekly or monthly EAS
tests.
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
imprisonment under Title 18 of the U.S. Code.
6
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.
6
18 U.S.C. § 1001 et seq. See also 47 CFR § 1.17.
Federal Communications Commission
3
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
11331 183
rd
Street, PMB #365
Cerritos, CA 90703
Field@FCC.gov
6. This Notice shall be sent to International Aerospace Solutions, Inc. at its address of
record, with a copy to its counsel, Nathaniel J. Hardy, Wood Martin and Hardy, 3300 Fairfax Drive, Suite
202, Arlington, VA 22201- 4400.
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
7
See 5 U.S.C. § 552a(e)(3).