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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


Certified Mail # 7001 0320 0004 8142 7692
Return Receipt Requested

In the Matter of                )
                                )
The Burlington Northern & Sante Fe Rwy Co.   )    File  No.   EB-
05-DV-262
                                )                  
Antenna Structure Registrant    )            NOV No. V20053280015   
)
ASR # 1240221                   )                  
Gillette, Wyoming               )                   
                                )                      
                                

                       NOTICE OF VIOLATION

                                             
                                             Released:  August 
26, 2005

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

  1.      This is a Notice of Violation ("Notice") issued 
     pursuant to Section 1.89 of the Commission's Rules,1 to the 
     Burlington Northern & Sante Fe Rwy Co. ("BNSF"), registered 
     owner of antenna structure # 1240221.

  2.      On June 10, 2005, an agent of the Commission's Denver 
     Office inspected  antenna structure # 1240221 in Gillette, 
     Wyoming, and observed the following violation:

  2.a.      47 C.F.R. § 17.4(g):  "The Antenna Structure 
            Registration Number must be displayed in a 
            conspicuous place so that it is readily visible 
            near the base of the antenna structure.  
            Materials used to display the Antenna Structure 
            Registration Number must be weather-resistant 
            and of sufficient size to be easily seen at the 
            base of the antenna structure."  At the time of 
            inspection, no Antenna Structure Registration 
            Number was visible at the base of the 
            structure.

  3.      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(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 BNSF.  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 Office
                 215 S. Wadsworth Blvd., Suite 303
                 Lakewood, CO 80226

  4.      This Notice shall be sent by Certified Mail/Return 
     Receipt Requested and regular mail to the Burlington 
     Northern & Sante Fe Rwy Co. at its address of record.

  5.      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
                                Western Region
                                Enforcement Bureau



_________________________

147 C.F.R. § 1.89.

247 U.S.C. § 308(b).

3P.L. 93-579, 5 U.S.C. § 552a(e)(3).

418 U.S.C. § 1001 et seq.