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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Foundation Capital Resources, Inc. ) File No. EB-FIELDNER-13-00012678
Antenna Structure Registrant )
ASR #1227760 and ASR #1228455 ) NOV No. V201432260002
)
Brockton, Massachusetts )
NOTICE OF VIOLATION
Released: December 31, 2013
By the District Director, Boston Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules),^ to Foundation Capital Resources,
Inc., registrant of antenna structures 1227760 and 1228455 in
Brockton, Massachusetts. 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. On December 3, 2013, agents of the Enforcement Bureau's Boston Office
attempted to inspect antenna structures 1227760 and 1228455, which
according to the Antenna Structure Registration database, are located
behind 288 Linwood Street in Brockton, Massachusetts, and observed
the following violation:
47 C.F.R. S 17.57: "The owner of an antenna structure for which an Antenna
Structure Registration Number has been obtained must notify the Commission
within 24 hours of completion of construction (FCC Form 854-R) and/or
dismantlement (FCC Form 854). The owner must also immediately notify the
Commission using FCC Form 854 upon any change in structure height or
change in ownership information." Agents found that Foundation Capital
Resources, Inc. had dismantled the antenna structures but had not notified
the Commission.
3. Pursuant to Section 403 of the Communications Act of 1934, as
amended,^ and Section 1.89 of the Rules, we seek additional
information concerning the violations and any remedial actions taken.
Therefore, Foundation Capital 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. In accordance with Section 1.16 of the Rules, we direct Foundation
Capital 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 Foundation Capital Resources, Inc. with
personal knowledge of the representations provided in Foundation
Capital Resources, Inc.'s response, verifying the truth and accuracy
of the information therein,^ 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.^
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
Boston Office
1 Batterymarch Park
Quincy, Massachusetts 02169
6. This Notice shall be sent to Foundation Capital Resources, Inc. at its
address of record.
7. The Privacy Act of 1974^ 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
Dennis Loria
District Director
Boston Office
Northeast Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ 47 U.S.C. S403.
^ 47 C.F.R. S 1.89(c).
^ 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. S 1.16.
^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.
^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).
Federal Communications Commission
2
Federal Communications Commission