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Union Pacific Railroad, Los Angeles, CA

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Released: May 9, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Union Pacific Railroad
) File No.: EB-FIELDWR-13-00008402
Antenna Structure Registrant
)
ASR No. 1280288
)
NOV No.: V201332900021
)
Los Angeles, California
)

NOTICE OF VIOLATION

Released

: May 9, 2013
By the District Director, Los Angeles Office, Western Region, Enforcement Bureau:
1.
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)1 to Union Pacific Railroad, registrant of antenna structure # 1280288 in Los
Angeles, California. Pursuant to Section 1.89(a) of the Rules, issuance of this Notice 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 April 26, 2013, an agent of the Enforcement Bureau’s Los Angeles Office inspected
antenna structure # 1280288 located in Los Angeles, California, and observed the following violation:
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." At the time of the inspection, no ASR number was
posted near the base of the antenna structure.
3.
Pursuant to 403 of the Communications Act of 1934, as amended,3 and Section 1.89 of
the Rules, we seek additional information concerning the violations and any remedial actions taken.
Therefore, Union Pacific Railroad 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


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. § 403.
4 47 C.F.R. § 1.89(c).

Federal Communications Commission

4.
In accordance with Section 1.16 of the Rules, we direct Union Pacific Railroad to support
its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Union Pacific Railroad with personal knowledge of the representations provided
in Union Pacific Railroad’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
Los Angeles District Office
18000 Studebaker Rd., Ste 660
Cerritos, CA 90703
6.
This Notice shall be sent to Union Pacific Railroad at its address of record.
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
Charles A. Cooper
District Director
Los Angeles Office
Western Region
Enforcement Bureau


5 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. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
2

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