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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 )


                                                     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
       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

    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.


   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


                       Federal Communications Commission