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

In the Matter of                )
                                )
Burlington Northern and Santa Fe Railway Co. )    File  No.   EB-
04-CG-243
                                )
ASR # 1061197                   )            NOV              No.  
V20043232022
New Canton, Illinois            )
                                )
Attention: Jerry Elmore         )


              5.                  NOTICE OF VIOLATION

                                             Released:  April 28, 
2004

By the District Director, Chicago Office, Enforcement Bureau:

     This is a Notice of Violation ("Notice") issued pursuant  to 
Section 1.89 of the  Commission's Rules,1 to Burlington  Northern 
and Santa Fe Railway Co.

     On April  13, 2004,  an agent  of the  Commission's  Chicago 
Office inspected the antenna structure, ASR# 1061197, located  at 
New Canton, Illinois, and observed the following violation(s):

  5.a.      47   C.F.R.  §   17.50:   ``Antenna   structures 
            requiring   painting   shall   be   cleaned   or 
            repainted  as  often as  necessary  to  maintain 
            good visibility.''   The paint on the  structure 
            was badly faded.   

     Pursuant to  Section 308(b)  of  the Communications  Act  of 
1934, as amended,2  and Section 1.89  of the Commission's  Rules, 
Burlington Northern  and  Santa  Fe Railway  Co,  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(s) 
taken to  correct each  violation  and preclude  recurrence,  and 
should include a time line  for completion of pending  corrective 
action(s).  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
                 Chicago Office
                 1550 Northwest Highway, Room 306
                 Park Ridge, IL  60068

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

     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




                                G. Michael Moffitt
                                District Director
                                Chicago 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.