Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Aviation Spectrum Resources Inc. ) File No. EB-FIELDWR-14-00017837 ) Licensee of Aeronautical and Fixed Station KJE6 ) ) Honolulu, Hawaii ) NOV No. V201532860003 ) NOTICE OF VIOLATION Released: December 16, 2014 By the Resident Agent, Honolulu Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules (Rules), 1 to Aviation Spectrum Resources Inc., licensee of Aeronautical and Fixed Station KJE6 in Honolulu, Hawaii. 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 violation noted herein. 2 2. On November 26, 2014, an agent of the Enforcement Bureau’s Honolulu Office monitored radio station KJE6, in operation at the Honolulu International Airport, Honolulu, Hawaii, and observed the following violation: 47 C.F.R. § 87.139(a)(3): "When the frequency is removed from the assigned frequency by more than 250 percent of the authorized bandwidth the attenuation for aeronautical station transmitters must be at least 43 + 10 log pY dB.” At the time of the inspection, the agent observed that the KJE6 transmitter on 129.325 MHz was radiating spurious signals on 129.100 and 129.550 MHz, at -53 dB and -50 dB from the fundamental frequency of 129.325 MHz respectively, causing interference to other aeronautical stations at the Honolulu International Airport. 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 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, Aviation Spectrum Resources Inc. must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response (i) must fully explain each violation, including all relevant surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and (iii) must include a time line for completion of any pending corrective action(s). 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 Aviation Spectrum Resources Inc. to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Aviation Spectrum Resources Inc. with personal knowledge of the representations provided in the Aviation Spectrum Resources Inc. response, 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 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 Honolulu Office POB 971030 Waipahu, Hawaii 96797-1030 6. This Notice shall be sent to Aviation Spectrum Resources Inc. at its address of record. 3 47 U.S.C. § 308(b). 4 47 C.F.R. § 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 C.F.R. § 1.16. 6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. Federal Communications Commission 3 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 Ryan Hagihara Resident Agent Honolulu Office Western Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).