-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, R1b9tv0+GTfe0Sk6TkyuWh3IEvOZPNmNyKyys+ytt7lMR1PanN1txK54aAM1ZGGF 21I6AynknLq+ULe+8usxnw== 0001144204-07-052183.txt : 20071001 0001144204-07-052183.hdr.sgml : 20071001 20071001171604 ACCESSION NUMBER: 0001144204-07-052183 CONFORMED SUBMISSION TYPE: NT 10-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20070630 FILED AS OF DATE: 20071001 DATE AS OF CHANGE: 20071001 EFFECTIVENESS DATE: 20071001 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BERLINER COMMUNICATIONS INC CENTRAL INDEX KEY: 0000826773 STANDARD INDUSTRIAL CLASSIFICATION: RADIO TELEPHONE COMMUNICATIONS [4812] IRS NUMBER: 752233445 STATE OF INCORPORATION: DE FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: NT 10-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-28579 FILM NUMBER: 071146788 BUSINESS ADDRESS: STREET 1: 20 BUSHES LANE CITY: ELMWOOD PARK STATE: NJ ZIP: 07407 BUSINESS PHONE: 201.791.3200 MAIL ADDRESS: STREET 1: 20 BUSHES LANE CITY: ELMWOOD PARK STATE: NJ ZIP: 07407 FORMER COMPANY: FORMER CONFORMED NAME: NOVO NETWORKS INC DATE OF NAME CHANGE: 20010104 FORMER COMPANY: FORMER CONFORMED NAME: EVENTURES GROUP INC DATE OF NAME CHANGE: 19990902 FORMER COMPANY: FORMER CONFORMED NAME: ADINA INC DATE OF NAME CHANGE: 19920703 NT 10-K 1 v089052_nt10k.txt U.S. SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 0-28579 SEC FILE NUMBER NOTIFICATION OF LATE FILING [X] Form 10-K and Form 10-KSB [_] Form 20-F [_] Form 11-K [_] Form 10-Q and Form 10-QSB [_] Form N-SAR For Period Ended: June 30, 2007 [_] Transition Report on Form 10-K [_] Transition Report on Form 20-F [_] Transition Report on Form 11-K [_] Transition Report on Form 10-Q [_] Transition Report on Form N-SAR For the Transition Period Ended: Nothing in this form shall be construed to imply that the Commission has verified any information contained herein. If the notification relates to a portion of the filing checked above, identify the Item(s) to which the notification relates: Part I - Registrant Information Full Name of Registrant: Berliner Communications, Inc. Former Name if Applicable: Not Applicable Address of Principal Executive Office: 20 Bushes Lane, Elmwood Park, New Jersey 07407 Part II - Rules 12b-25(b) and (c) If the subject report could not be filed without unreasonable effort or expense and the registrant seeks relief pursuant to Rule 12b-25(b), the following should be completed. (Check box if appropriate) [X](a) The reasons described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense; [X](b) The subject annual report, semi-annual report, transition report on Form 10-K, Form 20-F, 11-K or Form N-SAR, or portion thereof will be filed on or before the fifteenth calendar day following the prescribed due date; or the subject quarterly report or transition report on Form 10-Q, or portion thereof will be filed on or before the fifth calendar day following the prescribed due date; and 1 [_](c) The accountant's statement or other exhibit required by Rule 12b-25 is attached. Part III - Narrative We were unable to file the annual report on Form 10-K for the year ended June 30, 2007, within the prescribed time period because certain tax information required to be included in the Form 10-K is not currently available and the Form 10-K is still being reviewed. The Company expects to file the Form 10-K within the time period prescribed by Rule 12b-25(b)(2)(ii) under the Securities and Exchange Act of 1934. Part IV - Other Information (1) Name and telephone number of person to contact in regard to this notification Al Gencarella, Chief Financial Officer, (201)791-3200. (2) Have all other periodic reports required under section 13 or 15(d) of the Securities Exchange Act of 1934 or section 30 of the Investment Company Act of 1940 during the preceding 12 months or for such shorter period that the registrant was required to file such report(s) been filed? If the answer is no, identify report(s). [X] Yes [_] No (3) Is it anticipated that any significant change in result of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion thereof? [X] Yes [_] No If so, attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons why a reasonable estimate of the results cannot be made. See Attachment IV 2 Registrant has caused this notification to be signed on its behalf thereunto duly authorized. Date: September 28, 2007 Berliner Communications, Inc. By:/s/ Rich B. Berliner -------------------- Rich B. Berliner, Chief Executive Officer and President 3 Attachment IV Revenue for Berliner Communications, Inc. (the "Company") for the year ended June 30, 2007 was $55.1 million, as compared with $39.3 million for the year ended June 30, 2006. Revenue for the quarter ended June 30, 2007 was $18.2 million, as compared with $15.4 million for the quarter ended March 31, 2007 and $11.0 million for the quarter ended June 30, 2006. Net income allocable to common shareholders was $1.2 million, or $0.07 per basic and diluted share for the year, as compared to net loss allocable to common shareholders of $18.7 million, or $1.38 per basic and diluted share for the prior year. Net income allocable to common shareholders was $297 thousand, or $0.02 per basic share and $0.01 per diluted share in the three months ended June 30, 2007, as compared to net income allocable to common shareholders of $361 thousand, or $0.02 per basic and diluted share, for the three month period ended March 31, 2007. These preliminary revenue and net loss amounts for the year ended June 30, 2007 are subject to adjustment based on Management's on-going review for the year. 4 -----END PRIVACY-ENHANCED MESSAGE-----