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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   BNSF Railway Co. ) File No. EB-FIELDSCR-13-00008722 Owner of Antenna
   Structure No. 1011997 ) NOV No. V201332500048

   )

   Moore, Oklahoma )

                              NOTICE OF VIOLATION

   Released: June 10, 2013

   By the District Director, Dallas Office, South Central Region, Enforcement
   Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to BNSF Railway Co. , owner of
       antenna structure number 1011997, in Moore, Oklahoma. Pursuant to
       Section 1.89(a) of the Rules, issuance of this NOV does not preclude
       the Enforcement Bureau from further action if warranted, including
       issuing a Notice of Apparent Liability for Forfeiture for the
       violation(s) noted herein.^

    2. On May 13, 2013, an agent of the Commission's Dallas Office inspected
       antenna structure number 1011997, located in Moore, Oklahoma, and
       observed the following violation(s):

     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. Material 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." The antenna structure is surrounded by a perimeter
        property fence. The Antenna Structure Registration Number was not
        posted at the gate of the perimeter property fence and any signage at
        the base of the antenna structure was not visible from the perimeter
        fence gate.

    3. Pursuant to Section 403 of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore BNSF Railway Co. must submit a written statement concerning
       this matter within twenty (20) days of release of this Notice. The
       response (i) must fully explain each violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct each violation and preclude
       recurrence, and (iii) must include a time line for completion of any
       pending corrective action(s). The response must be complete in itself
       and must not be abbreviated by reference to other communications or
       answers to other notices.^

    4. In accordance with Section 1.16 of the Rules, we direct BNSF Railway
       Co. to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of BNSF Railway Co. with personal knowledge of the
       representations provided in BNSF Railway Co.`s response, verifying the
       truth and accuracy of the information therein,^ and confirming that
       all of the information requested by this Notice which is in the
       company's possession, custody, control, or knowledge has been
       produced. To knowingly and willfully make any false statement or
       conceal any material fact in reply to this Notice is punishable by
       fine or imprisonment under Title 18 of the U.S. Code.^

    5. 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

   Dallas Office

   9330 LBJ Freeway, Suite 1170

   Dallas, Texas, 75243

    6. This Notice shall be sent BNSF Railway Co. at its address of record.

    7. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   James D. Wells

   District Director

   Dallas District Office

   South Central Region

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ 47 U.S.C. S 403.

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

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

                       Federal Communications Commission

   2

                       Federal Communications Commission