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


In the Matter of                )
                                )
Goldman Sachs and Company       )            File  No.  EB-04-NY-
293
Licensee of Radio Station WPYD896            )    
New York, NY                    )            NOV No. V20043238014



                       NOTICE OF VIOLATION

                                             Released:  November 
19, 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 
     Goldman  Sachs  and  Company,  licensee  of  radio   station 
     WPYD896.

  2.      On November 17, 2004, an agent of the Commission's  New 
     York Office inspected radio station, WPYD896, located at  30 
     Hudson Street, Jersey City,  NJ, 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.  At  the time  of the  inspection, it  was 
          determined that  the  station was  transmitting  a 
          continuous unmodulated carrier on an  unauthorized 
          frequency of 468.295 MHz.

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, Goldman  Sachs and  Company,  must submit  a  written 
     statement concerning this matter within twenty (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 
     licensee 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 Goldman Sachs and Company, 
     85 Broad Street, New York, NY 10004.

  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
                                Northeast Region
                                Enforcement Bureau
_________________________

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.