Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

BNSF Railway Company, Licensee of Various Autorizations in the Wireless Radio Services

Download Options

Released: December 14, 2009

Federal Communications Commission

DA 09-2584

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
) File No. EB-08-IH-5318
) File No. EB-09-IH-1703

BNSF Railway Company

)
)
NAL Acct. No. 201032080013
Licensee of Various Authorizations in the
)
Wireless Radio Services
) FRN No. 0004772877

ORDER

Adopted: December 14, 2009

Released: December 14, 2009

By the Chief, Enforcement Bureau:
1.
In this Order, we adopt the attached Consent Decree entered into between the
Enforcement Bureau and BNSF Railway Company (“BNSF”). The Consent Decree terminates an
investigation by the Bureau of BNSF’s compliance with Section 310(d) of the Communications Act of
1934, as amended,1 relating to assignments of licenses, and Section 1.17 of the Commission’s Rules,2
relating to truthful statements to the Commission.
2.
The Bureau and BNSF have negotiated the terms of the Consent Decree that resolve this
matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
3.
After reviewing the terms of the Consent Decree and evaluating the facts before us, we
find that the public interest would be served by adopting the Consent Decree and terminating the
investigation.
4.
In the absence of material new evidence relating to this matter, we conclude that our
investigation raises no substantial or material questions of fact as to whether BNSF possesses the basic
qualifications, including those related to character, to hold or obtain any Commission license or
authorization.
5.
Accordingly,

IT IS ORDERED

that, pursuant to Section 4(i) of the Act,3 and Sections
0.111 and 0.311 of the Commission’s Rules,4 the Consent Decree attached to this Order

IS ADOPTED

.
6.

IT IS FURTHER ORDERED

that the above-captioned investigation

IS

TERMINATED

.


1 47 U.S.C. § 310(d)
2 47 C.F.R. § 1.17
3 47 U.S.C. § 154(i)
4 47 C.F.R. §§ 0.111, 0.311

Federal Communications Commission

DA 09-2584

7.

IT IS FURTHER ORDERED

that a copy of this Order and Consent Decree shall be
sent by First Class United States Mail to Jack Richards, Esq., Keller & Heckman LLP, 1001 G Street,
N.W., Suite 500 West, Washington, DC 20001.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
2

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.