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

In the Matter of                )
                                )
Union Pacific Railroad Company  )            File No.   EB-05-CG-
147
Antenna Structure Registrant    )
ASR # 1046529                   )            NOV              No.  
V20053232004
Waterloo, IL                    )
                                )            



              5.                  NOTICE OF VIOLATION

                                             Released:  June 28, 
2005

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 Rules1  to the  Union  Pacific 
Railroad Company.

     On April  13, 2005,  an agent  of the  Commission's  Chicago 
Office inspected the antenna structure, ASR# 1046529, located  at 
Waterloo, Illinois, and observed the following violation:

       47 C.F.R. §  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 FAA's  determination  of 
       ``no hazard,'' as referenced in the. . .FAA  Advisory 
       Circulars.''     The    FCC's    Antenna    Structure 
       Registration  (``ASR'') database  indicates that  the 
       antenna structure  listed above is  required to  have 
       red  obstruction lighting.   The  antenna  structure, 
       however,  is   equipped  with   white  lighting   and 
       therefore is in  violation of 47 C.F.R. § 17.23.   In 
       order to come  into compliance with the  Commission's 
       rules, the  antenna structure  registrant must:   (1) 
       obtain  a   new  FAA   ``no  hazard''   determination 
       indicating that a white lighting system is  permitted 
       and  then   submit  a   modified  antenna   structure 
       registration  to   reflect  the  new  ``no   hazard'' 
       determination or  (2) submit a modified  registration 
       if a new  FAA ``no hazard' determination already  has 
       been obtained. 

     Pursuant to Section 403 of  the Communications Act of  1934, 
as amended,2 and  Section 1.89 of  the Commission's Rules,  Union 
Pacific  Railroad  Company,  must  submit  a  written   statement 
concerning this matter within twenty (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 Union Pacific Railroad Company 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  the Union  Pacific  Railroad 
Company at its address of record.

     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 
                                Northeast Region
                                Enforcement Bureau




_________________________

1 47 C.F.R. § 1.89.

2 47 U.S.C. § 403.
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).

4 18 U.S.C. § 1001 et seq.