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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
) File No. EB-08-SF-0095
Union Pacific Railroad Company )
)
Registrant of Antenna Structure )
ASR # 1013313 ) NOV No. V200832960007
Traver, California )
)
NOTICE OF VIOLATION
Released: June 23, 2008
By the District Director, San Francisco Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Union Pacific Railroad Company
registrant of antenna structure # 1013313 in Traver, California.
2. On April 16, 2008, an agent of the Enforcement Bureau's San Francisco
Office inspected registered antenna structure # 1013313 located
northeast of the intersection of Highway 99 and County J36/Merritt
Drive in Traver, California, and observed the following violations:
a. 47 C.F.R. S: 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." At the time of the
inspection, no Antenna Structure Registration Number was posted or
visible on the fence surrounding the antenna structure, or on the
structure or ancillary buildings contained by the fence.
b. 47 C.F.R. S: 17.4(a): The owner of an antenna structure that requires
notice of proposed construction to the Federal Aviation
Administration must register the structure with the Commission.
Information provided to the Commission must be accurate. The FCC
registration for antenna structure #1013313 states the latitude and
longitude of the structure as 36-o27'14.8" north latitude and
119-o29'17.4" west longitude and in the city of Traver, California.
The FAA study number 2008-AWP-2718-OE associated with the FCC
registration number reflects the same location. At the time of the
inspection, the San Francisco agent observed the actual location of
the structure to be approximately 36-o27' 13.3" north latitude and
119-o29' 20.2" west longitude.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Union Pacific Railroad
Company, 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 Union Pacific Railroad Company. 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
San Francisco Office
5653 Stoneridge Drive, Ste 105
Pleasanton, CA, 94588-8453
4. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to Union Pacific Railroad Company at its address of
record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Thomas N. Van Stavern
District Director
San Francisco District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.17.
47 U.S.C. S: 403.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission