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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )
                                )
SI 2Way, Inc.                   )            File  No.  EB-04-NY-
181
Licensee of Radio Station WPYX216            )    
Staten Island, NY               )            NOV No. V20043238022



                       NOTICE OF VIOLATION

                                             Released:  July 23, 
2004

By the District Director, New York Office, Northeast Region, 
Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to Section 1.89 of  the Commission's Rules,1 to  SI 
     2Way, Inc., licensee of radio station WPYX216.

  2.      On July 16, 2004, an agent of the Commission's New York 
     Office inspected radio station,  WPYX216, located at  Staten 
     Island, New York, and observed the following violation:

          47 C.F.R.  §1.903(a): ``Stations  in the  Wireless 
          Radio Services must be  used and operated only  in 
          accordance with  the  rules  applicable  to  their 
          particular service as set forth in this title  and 
          with  a   valid  authorization   granted  by   the 
          Commission under  the provisions  of this  part.''  
          In this connection, licensees shall exercise  such 
          direction  and  control  as  to  assure  that  the 
          transmitter is  being  operated in  a  permissible 
          manner.  The station failed to operate within  the 
          required emission mask as  specified in 47  C.F.R. 
          §90.210(d)(3). 

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, SI  2Way,  Inc.,  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 the owner with  personal 
     knowledge of the matter.  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
                 New York Office
                 201 Varick Street, Suite 1151
                 New York, NY 10014


  4.      This Notice  shall  be  sent  to  SI  2Way,  Inc.,  439 
     Castleton Avenue, Staten Island, NY 10301.

  5.      The Privacy Act  of 19743 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.4


                                FEDERAL COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office



_________________________

1 47 C.F.R. § 1.89.

2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).

4 18 U.S.C. § 1001 et seq.