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

In the Matter of                )
Norfolk Southern Corp.          )
                                )            File  No.  EB-05-BF-
ASR #  1029350                  )
Atlanta, GA                     )            NOV No. V20063228010

                       NOTICE OF VIOLATION

                                             Released:  December 
7, 2005

By the Resident Agent, Buffalo Office, Northeast Region, 
Enforcement Bureau:

     1.   This is a Notice of Violation ("Notice") issued 
        pursuant to Section 1.89 of the Commission's Rules (the 
        ``Rules''),1 to Norfolk Southern Corp., owner of antenna 
        structure 1029350 in Westfield, New York.
     2.   On October 20, 2005, an agent of the Commission's 
        Buffalo Office inspected antenna structure 1029350 
        located near Westfield, New York and observed the 
        following violations:
          1.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.

          1.b.      47 C.F.R.  17.51(b):    ``All high 
                    intensity and medium intensity 
                    obstruction lighting shall be exhibited 
                    continuously unless otherwise 
                    specified.'' The registration for 
                    antenna structure 1029350 specifies 
                    that the tower must have a medium 
                    intensity flashing white obstruction 
                    light mounted at the top level, in 
                    accordance with FAA Circular 70/7460-
                    1J/, chapters 4, 6 and 13. During the 
                    inspection, the agent observed that the 
                    medium intensity flashing white 
                    obstruction light was not functioning.  
                    The agent also determined that the 
                    malfunction had not been reported to 
                    the Federal Aviation Administration, as 
                    required under 47 C.F.R.  17.48.

     3.   Pursuant to Section 403 of the Communications Act of 
          1934, as amended,2 and Section 1.89 of the Commission's 
          Rules, Norfolk Southern Corp., 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 Norfolk Southern 
          Corp.  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 

                 Federal Communications Commission
                 Buffalo Office
                 1307 Federal Building
                 111 W. Huron Street
                 Buffalo, New York 14202

     4.   This Notice shall be sent to Norfolk Southern Corp 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 

                                David A. Viglione
                                Resident Agent
                                Buffalo Office
                                Northeast Region
                                Enforcement Bureau


147 C.F.R.  1.89.

247 U.S.C.  403.

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

4 18 U.S.C.  1001 et seq.