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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   The Burlington Northern and  )  File No. EB-FIELDWR-12-00004028

   Santa Fe Railway Company )

   Antenna Structure Registrant )

   ASR # 1240034 )  NOV No. V201332800028

   Chester, MT  )


                              NOTICE OF VIOLATION

   Released: December  20, 2012

   By the District Director, Denver Office, Western Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules), to The Burlington Northern and
       Santa Fe Railway Company (BNSF), registrant of antenna structure #
       1240034 by Chester, MT.  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 August 9, 2012, an agent of the Enforcement Bureau's Denver
       District Office inspected antenna structure # 1240034 located on
       Highway 2, approximately two miles west of Chester, MT, and observed
       the following violation:

     a. 47 C.F.R. S: 17.23: "Unless otherwise specified by the Commission,
        each new or altered antenna structure to be registered on or after
        January 1, 1996, must conform to the Federal Aviation
        Administration's (FAA's) painting and lighting recommendations set
        forth on the structure's FAA determination of "no hazard," as
        referenced in the. . .FAA Advisory Circulars." The FAA Notice for the
        antenna structure requires red obstruction lighting in accordance
        with FAA Circular Number 70/7460-1K, Chapters 4, 5, and 12. At the
        time of the inspection, the agent observed that no lights were
        installed on the antenna structure. On August 10, 2012, a BNSF
        employee confirmed that no lights were installed on the antenna

    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,
       BNSF 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 BNSF to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       BNSF with personal knowledge of the representations provided in BNSF'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

   Denver District Office

   215 S. Wadsworth Blvd., Suite 303

   Lakewood, CO 80226

    6. This Notice shall be sent to The Burlington Northern and Santa Fe
       Railway Company 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.


   Nikki P. Shears

   District Director

   Denver Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   47 U.S.C. S: 403.

   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



                       Federal Communications Commission