Federal Communications Commission DA 26-981 September 15, 2026 BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, FIRST CLASS MAIL, AND UPS FLGSP 2513-2523 Newkirk Ave LLC c/o Summit Malls Management, LLC 1350 Avenue of the Americas New York, New York 10019-4702 Nieuw Amsterdam Property Management 310 West 22nd Street New York, New York 10011 NOTICE OF ILLEGAL PIRATE RADIO BROADCASTING Case Number: EB-FIELDNER-26-00040104 The New York Office of the Federal Communications Commission’s (FCC) Enforcement Bureau is investigating a complaint about an unlicensed FM broadcast station operating on frequency 91.7 MHz. On January 21, 2026, agents from the New York Office confirmed by direction finding techniques that radio signals on frequency 91.7 MHz were emanating from the property at 2513 Newkirk Avenue, Brooklyn, New York 11226 (Property). Publicly available records identify FLGSP 2513-2523 Newkirk Ave LLC as the owner of the Property, New York City Department of Finance, Property Information Portal, https://propertyinformationportal.nyc.gov/parcels/parcel/3052120019 (last visited Sept. 4, 2026). and on-site notices identify Nieuw Amsterdam Property Management as the site’s property manager. The FCC’s records show no license issued for operation of a radio broadcast station on 91.7 MHz at this location. Radio broadcast stations operating on certain frequencies, 47 CFR § 73.201. including 91.7 MHz, must be licensed by the FCC pursuant to the Communications Act of 1934, as amended (Act). 47 U.S.C. § 301. Although the FCC’s rules create exceptions for certain extremely low-powered devices, we have determined that those exceptions do not apply to the transmissions observed as originating from the Property. Accordingly, the station operating on the Property may be violating the Act. See, e.g., id. § 511. Under section 511(a) of the Act, persons or entities found to willfully and knowingly suffer (i.e., permit) a third party to engage in so-called “pirate radio” broadcasting on their property can face significant financial penalties. Id. § 511(a). Accordingly, you are hereby notified and warned that the FCC may issue a fine of up to $2,453,218 if, following the response period set forth below, we determine that you have continued to permit any individual or entity to engage in pirate radio broadcasting from the property that you own or manage. See 47 CFR § 1.80(b)(6); Amendment of Section 1.80(b) of the Commission’s Rules, Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, DA 25-5, 2025 WL 100529, *7 at Table 5 to Paragraph (b)(12)(ii) (EB Jan. 3, 2025); see also Annual Adjustment of Civil Monetary Penalties to Reflect Inflation, 90 Fed. Reg. 3710 (Jan. 15, 2025) (setting January 15, 2025, as the effective date for the increases). Enforcement Bureau Affirms Cancellation of Adjustments of Civil Monetary Penalties for Inflation, Public Notice, DA 26-600, 2026 WL 1907655 (EB June 17, 2026). If you do not respond to this Notice, the FCC may nonetheless determine that, as a legal matter, you have sufficient knowledge of the above-referenced pirate radio activity to support enforcement action against you. Service of this Notice to you or your agent establishes the foundation, along with other evidence, that could lead to significant financial penalties. You have ten (10) business days from the date of this Notice to respond by providing evidence that you are no longer permitting pirate radio broadcasting to occur at the Property. In addition, we request that you identify the individual(s) engaged in pirate radio broadcasting on the property that you own or manage. Your response should be sent to the address in the letterhead and reference the listed case number. Under the Privacy Act of 1974, 5 U.S.C. § 552a(e)(3). we are informing you that the FCC’s staff will use all relevant material information before it to determine what, if any, enforcement action is required to ensure your compliance with the FCC’s rules. This will include any information that you disclose in your reply. You may contact this office if you have any questions. David C. Dombrowski Regional Director, Region One FCC Enforcement Bureau Enclosures: Excerpts from the Communications Act of 1934, As Amended Enforcement Bureau, "Inspection Fact Sheet", March 2005