X0303 4 2010-01-04 0 0000826773 BERLINER COMMUNICATIONS INC BERL.OB 0001327217 Waye Thom C/O SIGMA CAPITAL ADVISORS, LLC 800 THIRD AVENUE, SUITE 1701 NEW YORK NY 10022 1 0 1 0 0001327130 Sigma Capital Advisors, LLC 800 THIRD AVENUE NEW YORK NY 10022 0 0 1 0 0001327128 Sigma Capital Partners, LLC 800 THIRD AVENUE NEW YORK NY 10022 0 0 1 0 0001291480 Sigma Opportunity Fund LLC 800 THIRD AVENUE NEW YORK NY 10022 0 0 1 0 Common Stock 2010-01-04 4 A 0 29166 0 A 6788858 I See Footnote Acquired from Issuer in payment of directors' fees. Of these securities, (i) 25,000 shares are owned directly by Mr. Waye, (ii) 103,656 shares are owned directly by Sigma Capital Advisors, LLC ("Sigma Advisors"), of which Mr. Waye is the Manager, (iii) 2,170,407 shares are owned directly by Sigma Berliner, LLC ("Sigma Berliner"), of which Sigma Advisors is the managing member and (iv) 4,489,795 shares are owned directly by Sigma Opportunity Fund, LLC ("Sigma Fund"), of which Sigma Advisors is the managing member. Mr. Waye disclaims beneficial ownership of the shares owned by Sigma Advisors, Sigma Berliner and Sigma Fund except to the extent of his pecuniary interest therein. /s/ Kevin W. Waite, Power of Attorney 2010-01-06 Sigma Capital Advisors, LLC, By: /s/ Kevin W. Waite, Authorized Representative 2010-01-06 Sigma Capital Partners, LLC, By: /s/ Kevin W. Waite, Authorized Representative 2010-01-06 Sigma Opportunity Fund, LLC, By: /s/ Kevin W. Waite, Authorized Representative 2010-01-06