Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

The Burlington Northern and Santa Fe Railway Company, Conrad, MT

Download Options

Released: September 13, 2012

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
The Burlington Northern and
) File No. EB-FIELDWR-12-00004042
Santa Fe Railway Company
)
Antenna Structure Registrant
)
ASR # 1013290
)
NOV No. V201232800060
Conrad, MT 59425
)

NOTICE OF VIOLATION

Released:

September 13, 2012
By the District Director, Denver District 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 and Santa Fe Railway Company (BNSF), registrant of
antenna structure # 1013290 in Conrad, MT. Pursuant to Section 1.89(a) of the Commission’s 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 noted herein.2
2.
On August 9, 2012, an agent of the Enforcement Bureau’s Denver District Office
inspected ASR 1013290 located by South Front Street and 4th Avenue, SW, in Conrad, MT, and
observed the following violation:
a.
47 C.F.R. § 17.4(g): “Except as described in paragraph (h) of this section, 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.” The agent observed that the antenna structure registration
number was not displayed at the time of the inspection on August 9, 2012.
3.
Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section
1.89 of the Commission's Rules, we seek additional information concerning the violations and any
remedial actions taken. Therefore, BNSF 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


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. § 403.

Federal Communications Commission

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
4.
In accordance with Section 1.16 of the Commission’s Rules, we direct BNSF 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 with personal knowledge of the representations provided in BNSF’s
response, verifying the truth and accuracy of the information therein,5 and confirming that all of the
information requested by this Notice which is in the licensee’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.6
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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
6.
This Notice shall be sent to The Burlington Northern and Santa Fe Railway Company at
its address of record.


4 47 C.F.R. § 1.89(c).
5 Section 1.16 of the Commission’s 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. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
2

Federal Communications Commission

7.
The Privacy Act of 19747 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
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau


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

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.