**FEDERAL COMMUNICATIONS COMMISSION**

![](media/image1.png){width="0.84375in" height="0.84375in"}**ENFORCEMENT
BUREAU**

NORTHEAST REGION

**New York Office**

201 Varick Street

New York, NY 10014

June 21, 2006

Sitt Asset Management, LLC.

New York, NY

**NOTICE OF UNLICENSED OPERATION**

Case Number: EB-06-NY-081

Document Number: W20063238032

The New York Office received a complaint of interference from a FCC
licensed user affecting the frequency 840 MHz. On May 1, 2006, agents
from this office confirmed by direction finding techniques that radio
signals on frequency 840 MHz were emanating from 1 Penn Plaza, New York,
NY 10119. Upon further investigation, the interference was found to be
coming from a bi- directional amplifier located in your office on the
34^th^ floor at 1 Penn Plaza, New York, NY 10119. The Commission's
records show that no license was issued for operation of a
bi-directional amplifier on the frequency 840 MHz at this location.

In view of the above, your attention is directed to the Communications
Act of 1934, as amended, and the Commission\'s Rules and Regulations
which governs the operation of radio transmitting equipment, see 47
U.S.C. § 301. Section 301 prohibits any radio frequency transmissions
without first obtaining a license or other form of authorization (this
would include any waivers). Operation of a radio station without proper
Commission authorization is a violation of Section 301 of the
Communications Act of 1934, as amended. Radio stations must be licensed
by the FCC pursuant to 47 U.S.C. § 301. The only exception to this
licensing requirement is for certain transmitters using or operating at
a power level or mode of operation that complies with the standards
established in Part 15 of the Commission's rules, 47 C.F.R. §§  15.1 *et
seq*.

A valid FCC radio station license for your radio transmissions on 840
MHz was not in evidence at the time of the inspection.

You are hereby warned that operation of radio transmitting equipment
without a valid radio station authorization constitutes a violation of
the Federal laws cited above and could subject the operator to severe
penalties, including, but not limited to, substantial monetary fines,
*in rem* arrest action against the offending radio equipment, and
criminal sanctions including imprisonment. (*see* 47 U.S.C. §§ 401, 501,
503 and 510).

Further, unlicensed operation may subject the operator to serious
penalties provided for in the Communications Act, including for a first
offense a maximum fine of \$10,000 or one year imprisonment, or both and
for subsequent offenses a fine of \$10,000 or two years imprisonment, or
both. Because unlicensed operation creates a definite danger of
interference to important radio communications services and may subject
the operator to the penalties provided for in the Communications Act,
the importance of complying strictly with the legal requirements
mentioned above is emphasized.

**UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED
IMMEDIATELY**.

You have ten (10) days from the date of this notice to respond with any
evidence that you have authority to operate granted by the FCC. Your
response should be sent to the address in the letterhead and reference
the listed case and document number. Under the Privacy Act of 1974, 5
U.S.C. § 552a(e)(3), we are informing you that the Commission's staff
will use all relevant material information before it to determine what,
if any, enforcement action is required to ensure your compliance with
FCC Rules. This will include any information that you disclose in your
reply.

You may contact this office if you have any questions.

Daniel W. Noel

District Director

New York Office

Attachments:

Excerpts from the Communications Act of 1934, As Amended

Enforcement Bureau, \"Inspection Fact Sheet\", July 2003