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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-08-NY-0140
Peter J. Esposito, Inc. )
DBA Communications Advantage ) Citation No.: C200832380037
Hillside, NJ 07205 )
CITATION
Released: April 18, 2008
By the District Director, New York District Office, Northeast Region,
Enforcement Bureau:
1. This is an Official Citation issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended ("Act"), to Peter J.
Esposito, Inc. ("Esposito"), for violation of Section 90.427(b) of the
Commission's Rules.
2. An investigation by the Enforcement Bureau's New York District Office
on April 10, 2008, indicated that Esposito had programmed transmitters
with frequencies for which the licensee, Sims Metal East, Inc.
("Sims"), was not authorized by its licenses.
3. Section 90.427(b) states "[e]xcept for frequencies used in accordance
with
S: 90.417, no person shall program into a transmitter frequencies for
which the licensee using the transmitter is not authorized." By
programming radios with frequencies for which Sims was not authorized,
Esposito violated this section.
4. Violations of the Act or the Commission's Rules may subject the
violator to substantial monetary forfeitures, seizure of equipment
through in rem forfeiture action, and criminal sanctions, including
imprisonment.
5. Esposito may request an interview at the closest FCC Office, which is
Federal Communications Commission, New York Office, 201 Varick Street,
Suite 1151, New York, NY 10014. You may contact this office by
telephone, (XXX) XXXX-XXXXto schedule this interview, which must take
place within 14 days of this Citation. Esposito may also submit a
written statement to the above address within 14 days of the date of
this Citation. Any written statements should specify what actions have
been taken to correct the violation outlined above. Please reference
file number EB-08-NY-0140 when corresponding with the Commission.
6. Any statement or information provided by you may be used by the
Commission to determine if further enforcement action is required. Any
knowingly or willfully false statement made in reply to this Citation
is punishable by fine or imprisonment.
7. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to Peter
J. Esposito, Inc., at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 C.F.R. S: 90.427(b).
47 C.F.R. S: 90.427(b).
47 C.F.R. S: 1.80(b)(3).
47 U.S.C. S:S: 401, 501, 503, 510.
47 U.S.C. S: 503(b)(5).
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission