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                1.                       Before the
          2.            Federal Communications Commission
             3.                 Washington, D.C. 20554
                  4.                            

In the Matter of                )
                                )            File  No.  EB-04-DV-
069
The Burlington Northern and Santa Fe Railway Co.  )    
ASR# 1064456                    )            NOV No. V20043280001
Brighton, Colorado              )            


              5.                  NOTICE OF VIOLATION

                                             Released:  March 16, 
2004

By the District Director, Denver Office, Enforcement Bureau:

     This is a Notice of Violation ("Notice") issued pursuant  to 
Section 1.89  of  the  Commission's  Rules,1  to  The  Burlington 
Northern and  Santa Fe  Railway Co.  ("BNSF"), owner  of  Antenna 
Structure Registration ("ASR") number 1064456.

     On March  11,  2004, an  agent  of the  Commission's  Denver 
Office inspected  antenna structure  number 1064456,  located  at 
N40-41-36, W104-45-19,  15986  Weld  County  Road  #6,  Brighton, 
Colorado, and observed the following violation:

          a.   47 C.F.R. § 17.56(a):  ``Replacing or repairing of 
               lights, automatic indicators or automatic  control 
               or alarm systems shall be accomplished as soon  as 
               practicable.''  The agent observed the top  beacon 
               to be steady burning.   The painting and  lighting 
               specifications on the ASR require that the  beacon 
               atop this structure be flashing.

     Pursuant to  Section 308(b)  of  the Communications  Act  of 
1934, as amended,2  and Section 1.89  of the Commission's  Rules, 
BNSF must  submit  a  written statement  concerning  this  matter 
within 20  days of  release of  this Notice.   The response  must 
fully explain each  violation, must  contain a  statement of  the 
specific action  taken  to  correct the  violation  and  preclude 
recurrence, and  should include  a time  line for  completion  of 
pending corrective  action.  The  response  must be  complete  in 
itself and signed by a principal or officer of the licensee  with 
personal knowledge of the matter.  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, Colorado 80226

     This Notice shall  be sent  to The  Burlington Northern  and 
Santa Fe Railway Co., 4515 Kansas Avenue, Kansas City, KS  66106-
1199.

     The Privacy Act of  19743 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.  Any false statement made knowingly and willfully  in 
reply to this Notice is punishable by fine or imprisonment  under 
Title 18 of the U.S. Code.4


                                FEDERAL COMMUNICATIONS 
COMMISSION




                                Nikki P. Shears
                                District Director 
                                Denver Office

_________________________

1 47 C.F.R. § 1.89.

2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).

4 18 U.S.C. § 1001 et seq.