Notice of Suspension and of Proposed Debarment Proceedings; Schools and Libraries Universal Service Support Mechanism, 9647-9649 [05-3801]

Download as PDF Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Notices 9647 TABLE 2.—REGISTRANTS REQUESTING TERMINATION OF USES AND AMENDMENTS—Continued EPA Company No. Company name and address 11678 Makhteshim Agan of North America, Inc. 551 Fifth Ave., Suite 1100 New York, NY 10176 IV. What is the Agency’s Authority for Taking this Action? ENVIRONMENTAL PROTECTION AGENCY Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register. Thereafter, following the public comment period, the Administrator may approve such a request. [FRL–7878–1] V. Provisions for Disposition of Existing Stocks Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. In any order issued in response to these requests for amendments to terminate uses, the Agency proposes to include the following provisions for the treatment of any existing stocks of the products identified or referenced in Table 1 of Unit III. In accordance with the MOA, the sale, distribution, and use of existing stocks of these products in the United States are permitted until August 31, 2005. If the request for use termination is granted, the Agency intends to publish the cancellation order in the Federal Register. List of Subjects Environmental protection, Pesticides and pests. Dated: February 22, 2005. Peter Caulkins, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. 05–3733 Filed 2–25–05; 8:45 am] BILLING CODE 6560–50–S VerDate jul<14>2003 16:34 Feb 25, 2005 Jkt 205001 Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990–2003 Environmental Protection Agency (EPA). ACTION: Notice of document availability and request for comments. AGENCY: SUMMARY: The Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990–2003 is available for public review. Annual U.S. emissions for the period of time from 1990–2003 are summarized and presented by source category and sector. The inventory contains estimates of carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), Hydrofluorocarbons (HFC), perflourocarbons (PFC), and sulfur hexaflouride (SF6) emissions. The inventory also includes estimates of carbon sequestration in U.S. forests. The technical approach used in this report to estimate emissions and sinks for greenhouse gases is consistent with the methodologies recommended by the Intergovernmental Panel on Climate Change (IPCC) and reported in a format consistent with the United Nations Framework Convention on Climate Change (UNFCCC) reporting guidelines. The Inventory of U.S. Greenhouse Gas Emissions and Sinks is the latest in a series of annual U.S. submissions to the Secretariat of the UNFCCC. DATES: To ensure your comments are considered for the final version of the document, please submit your comments on or before March 30, 2005. However, comments received after that date will still be welcomed and be considered for the next edition of this report. Comments should be submitted to Mr. Leif Hockstad at: Environmental Protection Agency, Clean Air Markets Division (6207J), 1200 Pennsylvania Ave., NW., Washington, DC 20460, Fax: (202) 343– 2358. You are welcome and encouraged to send an email with your comments to hockstad.leif@epa.gov. FOR FURTHER INFORMATION CONTACT: Mr. Leif Hockstad, Environmental Protection Agency, Office of Air and ADDRESSES: PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 Radiation, Office of Atmospheric Programs, Climate Change Division, (202) 343–9432, hockstad.leif@epa.gov. SUPPLEMENTARY INFORMATION: The draft report can be obtained by visiting the U.S. EPA’s global warming site at http:/ /www.epa.gov/globalwarming/ publications/emissions/. Dated: February 18, 2005. Jeff Holmstead, Assistant Administrator, Office of Air and Radiation. [FR Doc. 05–3794 Filed 2–25–05; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION [DA 05–422] Notice of Suspension and of Proposed Debarment Proceedings; Schools and Libraries Universal Service Support Mechanism Federal Communications Commission. ACTION: Notice. AGENCY: SUMMARY: The Enforcement Bureau (Bureau) gives notice of Mr. Qasim Bokhari (a/k/a Syed Qasim Ali Bokhari, a/k/a Kasim Bokhari) suspension from the schools and libraries universal service support mechanism. In addition, the Bureau gives notice that debarment proceedings are commencing against Mr. Qasim Bokhari. DATES: Opposition request must be received by March 18, 2005. An opposition request by the party to be suspended must be received 30 days from the receipt of the suspension letter or by March 18, 2005. The Bureau will decide any opposition request for reversal or modification of suspension within 90 days of its receipt of such requests. FOR FURTHER INFORMATION CONTACT: Diana Lee, Federal Communications Commission, Enforcement Bureau, Investigations and Hearings Division, Room 4–C330, 445 12th Street, SW., Washington DC 20554. Diana Lee may be contacted by phone at (202) 418– 0843 or e-mail at Diana.Lee@fcc.gov. SUPPLEMENTARY INFORMATION: The Bureau has suspension and debarment E:\FR\FM\28FEN1.SGM 28FEN1 9648 Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Notices authority under 47 CFR 54.521 and 47 CFR 0.111(a)(14). Suspension will help ensure that the party to be suspended cannot continue to benefit from the schools and libraries mechanism pending resolution of the debarment process. Attached is the suspension letter, Notice of Suspension and of Proposed Debarment Proceeding, DA 05–422, which was mailed to Mr. Haider Bokhari and released on February 16, 2005. The letter (1) gives notice of the suspension and proposed debarment; (2) gives the reasons for the proposed debarment; (3) explains the debarment procedure; and (4) describes the potential effect of the debarment. The complete text of the suspension letter is available for public inspections and copying during regular business hours at the FCC Reference Information Center, Portal II, 445 12th Street, SW., Room CY–A257, Washington DC 20554. In addition, the complete text is available on the FCC’s Web site at http:/ /www.fcc.gov. The text may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY–B402, Washington DC 20554, telephone (202) 488–5300 or (800) 378–3160, facsimile (202) 488– 5563, or via e-mail https:// www.bcpiweb.com. Federal Communications Commission. Hillary DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau. The suspension letter follows: February 16, 2005 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Qasim Bokhari, (a/k/a Syed Qasim Ali Bokhari, a/k/a Kasim Bokhari), c/o Michael J. Steinle, Esquire, Steinle Law Offices, 2600 N Mayfair Rd-Suite 700, Milwaukee, WI 53226. Re: Notice of Suspension and of Proposed Debarment, File No. EB–04–IH–0388 Dear Mr. Qasim Bokhari: The Federal Communications Commission (‘‘FCC’’ or ‘‘Commission’’) has received notice of your January 28, 2005 conviction for mail fraud in violation of 18 U.S.C. §§ 371 and 1341, and for money laundering in violation of the 18 U.S.C. § 1956(a) and (h).1 Consequently, pursuant to 47 CFR § 54.521, this letter constitutes official notice of your suspension from the schools and libraries universal service support mechanism (‘‘E-Rate program’’). In addition, the Enforcement Bureau (‘‘Bureau’’) hereby notifies you that 1 United States v. Bokhari et al, Case No. 04–CR– 0056–RTR, Plea Agreement (E.D.WI filed and entered October 22, 2004) (‘‘Qasim Bokhari Plea Agreement’’); United States v. Qasim Bokhari, Case No. 04–CR–0056–RTR, Judgment (E.D.WI filed January 28, 2005 and entered February 3, 2005). VerDate jul<14>2003 16:34 Feb 25, 2005 Jkt 205001 we are commencing debarment proceedings against you.2 I. Notice of Suspension Pursuant to section 54.521(a)(4) of the Commission’s rules,3 Your conviction requires the Bureau to suspend you from participating in any activities associated with or related to the schools and libraries fund mechanism, including the receipt of funds or discounted services through the schools and libraries fund mechanism, or consulting with, assisting, or advising applicants or service providers regarding the schools and libraries support mechanism.4 Your suspension becomes effective upon the earlier of your receipt of this letter or publication of notice in the Federal Register.5 Suspension is immediate pending the Bureau’s final debarment determination. You may contest this suspension or the scope of this suspension by filing arguments in opposition to the suspension, with any relevant documentation. Your request must be received within 30 days after it receives this letter or after notice is published in the Federal Register, whichever comes first.6 Such requests, however, will not ordinarily be granted.7 The Bureau may reverse or limit the scope of suspension only upon a finding of extraordinary circumstances.8 Absent extraordinary circumstances, the Bureau will decide any request for reversal or modification of suspension within 90 days of its receipt of such request.9 II. Notice of Proposed Debarment A. Reasons for and Cause of Debarment The Commission has established procedures to prevent persons who have ‘‘defrauded the government or engaged in similar acts through activities associated with or related to the schools and libraries support mechanism’’ from receiving the benefits associated with that program.10 As provided by the October 22, 2004 plea agreement upon which your conviction is based, you pled guilty to mail fraud and money laundering offenses for activities in connection with 2 47 CFR § 54.521; 47 CFR § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 CFR § 54.521). 3 47 CFR § 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225–9227, ¶¶ 67– 74 (2003) (‘‘Second Report and Order’’). 4 Second Report and Order, 18 FCC Rcd at 9225, ¶ 67; 47 U.S.C. § 254; 47 CFR §§ 54.502–54.503; 47 CFR § 54.521(a)(4). 5 Second Report and Order, 18 FCC Rcd at 9226, ¶ 69; 47 CFR § 54.521(e)(1). 6 Second Report and Order, 18 FCC Rcd at 9226, ¶ 70; 47 CFR § 54.521(e)(4). 7 Second Report and Order, 18 FCC Rcd at 9226, ¶ 70. 8 47 CFR § 54.521(e)(5). 9 See Second Report and Order, 18 FCC Rcd at 9226, ¶ 70; 47 CFR §§ 54.521(e)(5), 54.521(f). 10 Second Report and Order, 18 FCC Rcd at 9225, ¶ 66. The Commission’s debarment rules define a ‘‘person’’ as ‘‘[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however, organized.’’ 47 CFR § 54.521(a)(6). PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 your participation, through your Virginiabased consulting company, in the E-Rate program with certain schools in Wisconsin and Illinois. In connection with the mail fraud offenses, you admitted to conspiring and carrying out, with other co-conspirators, the following acts: (1) illegally inducing certain Wisconsin and Illinois schools to select your consulting company as the schools’ E-Rate service provider by promising school officials that their school would not have to pay their undiscounted share of the cost under the E-Rate program; (2) taking over those schools’ role in completing and submitting E-Rate applications, and causing those schools to enter into unnecessarily large contracts for infrastructure enhancements under the E-Rate program; (3) submitting materially false and fraudulent invoices and other documents to the E-Rate program claiming that the schools have been billed for their undiscounted share; (4) submitting materially false and fraudulent invoices and other documents to the E-Rate program claiming that certain work had been performed and goods supplied to the schools; and (5) receiving payment from the E-Rate program for goods and services that you fraudulently claimed your consulting company had provided to the schools.11 In connection with the money laundering offenses, you admitted to conspiring and carrying out, with other co-conspirators, an unlawful scheme to transfer the fraudulently obtained E-Rate payments from the United States to Pakistan through the unknowing services of other individuals designed, in whole or in part, to conceal and disguise the nature, location, source, ownership, and control of these monies.12 These actions constitute the conduct or transactions upon which this debarment proceeding is based.13 Moreover, your conviction on the basis of these acts falls within the categories of causes for debarment defined in section 54.521(c) of the Commission’s rules.14 Therefore, pursuant to section 54.521(a)(4) of the Commission’s rules, your conviction requires the Bureau to commence debarment proceedings against you. B. Debarment Procedures You may contest debarment or the scope of the proposed debarment by filing arguments and any relevant documentation within 30 calendar days of the earlier of the receipt of this letter or of publication in the Federal 11 See Qasim Bokhari Plea Agreement at 1–5. Qasim Bokhari Plea Agreement at 1, 6–9. 13 Second Report and Order, 18 FCC Rcd at 9226, ¶ 70; 47 CFR § 54.521(e)(2)(i). 14 ‘‘Causes for suspension and debarment are the conviction of or civil judgment for attempt or commission of criminal fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice and other fraud or criminal offense arising out of activities associated with or related to the schools and libraries support mechanism.’’ 47 CFR § 54.521(c). Such activities ‘‘include the receipt of funds or discounted services through the schools and libraries support mechanism, or consulting with, assisting, or advising applicants or service providers regarding schools and libraries support mechanism described in this section ([47 CFR] § 54.500 et seq.).’’ 47 CFR § 54.521(a)(1). 12 See E:\FR\FM\28FEN1.SGM 28FEN1 Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Notices Register.15 Absent extraordinary circumstances, the Bureau will debar you.16 Within 90 days of receipt of any opposition to your suspension and proposed debarment, the Bureau, in the absence of extraordinary circumstances, will provide you with notice of its decision to debar.17 If the Bureau decides to debar you, its decision will become effective upon the earlier of your receipt of a debarment notice or publication of the decision in the Federal Register.18 C. Effect of Debarment If and when your debarment becomes effective, you will be prohibited from participating in activities associated with or related to the schools and libraries support mechanism for at least three years from the date of debarment.19 The Bureau may, if necessary to protect the public interest, extend the debarment period.20 Please direct any responses to the following address: Diana Lee, Federal Communications Commission, Enforcement Bureau, Investigations and Hearings Division, Room 4–C443, 445 12th Street, SW., Washington, DC 20554. If you submit your response via handdelivery or non-United States Postal Service delivery (e.g., Federal Express, DHL, etc.), please send the response to Ms. Lee at the following address: Federal Communications Commission, 9300 East Hampton Drive, Capitol Heights, MD 20743. If you have any questions, please contact Ms. Lee via mail, by telephone at (202) 418– 0843 or by e-mail at diana.lee@fcc.gov. Sincerely yours, William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau. cc: Carla Stern, Assistant United States Attorney, DOJ (E-mail), Kristy Carroll, Esq., USAC (E-mail) [FR Doc. 05–3801 Filed 2–25–05; 8:45 am] BILLING CODE 6712–01–P SUPPLEMENTARY INFORMATION: FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities: Submission for OMB Review; Comment Request Federal Deposit Insurance Corporation (FDIC). ACTION: Notice and request for comment. AGENCY: 15 See Second Report and Order, 18 FCC Rcd at 9226, ¶ 70; 47 CFR §§ 54.521(e)(2)(i), 54.521(e)(3). 16 Second Report and Order, 18 FCC Rcd at 9227, ¶ 74. 17 See id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR § 54.521(e)(5). 18 Id. The Commission may reverse a debarment, or may limit the scope or period of debarment upon a finding of extraordinary circumstances, following the filing of a petition by you or an interested party or upon motion by the Commission. 47 CFR § 54.521(f). 19 Second Report and Order, 18 FCC Rcd at 9225, ¶ 67; 47 CFR §§ 54.521(d), 54.521(g). 20 Id. VerDate jul<14>2003 16:34 Feb 25, 2005 Jkt 205001 SUMMARY: The FDIC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). Currently, the FDIC is soliciting comments concerning an information collection titled ‘‘Flood Insurance.’’ DATES: Comments must be submitted on or before April 29, 2005. ADDRESSES: Interested parties are invited to submit written comments to Gary A. Kuiper, Counsel, (202) 942– 3824, Legal Division, Federal Deposit Insurance Corporation, 550 17th Street, NW., PA1730–3000, Washington, DC 20429. All comments should refer to ‘‘Flood Insurance.’’ Comments may be hand-delivered to the guard station at the rear of the 550 17th Street Building (located on F Street), on business days between 7 a.m. and 5 p.m. [FAX number (202) 898–3838; Internet address: comments@fdic.gov]. Comments may be inspected and photocopied in the FDIC Public Information Center, 801 17th Street, NW., Room 100, Washington, DC between 9 a.m. and 4:30 p.m. on business days. A copy of the comments may also be submitted to the OMB desk officer for the FDIC: Mark Menchik, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 3208, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Gary A. Kuiper, at the address identified above. Proposal to renew the following currently approved collection of information: Title: Flood Insurance. OMB Number: 3064–0120. Frequency of Response: On occasion. Affected Public: Any depository institution that makes one or more loans to be secured by a building located on property in a special flood hazard area. Estimated Number of Respondents/ Recordkeepers: 5,272. Estimated Number of Transactions: 180,000. Estimated Reporting Hours: .05 hours × 180,000 = 9,000. Estimated Recordkeeping Hours: 5,272 hours. Estimated Total Annual Reporting and Recordkeeping Burden Hours: 5,272 + 9,000 = 14,272 hours. General Description of Collection: Each supervised lending institution is currently required to provide a notice of PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 9649 special flood hazards to each borrower with a loan secured by a building or mobile home located or to be located in an area identified by the Director of the Federal Emergency Management Administration as being subject to special flood hazards. The Riegle Community Development Act requires that each institution must also provide a copy of the notice to the servicer of the loan (if different from the originating lender). Request for Comment Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the FDIC’s functions, including whether the information has practical utility; (b) the accuracy of the estimates of the burden of the information collection, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. At the end of the comment period, the comments and recommendations received will be analyzed to determine the extent to which the collection should be modified prior to submission to OMB for review and approval. Comments submitted in response to this notice also will be summarized or included in the FDIC’s requests to OMB for renewal of this collection. All comments will become a matter of public record. Dated at Washington, DC, this 22nd day of February, 2005. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. 05–3770 Filed 2–25–05; 8:45 am] BILLING CODE 6714–01–P FEDERAL RESERVE SYSTEM Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB Board of Governors of the Federal Reserve System SUMMARY: Background. Notice is hereby given of the final approval of proposed information collection(s) by the Board of Governors of the Federal Reserve System (Board) under OMB delegated authority, as per 5 CFR 1320.16 (OMB Regulations on Controlling Paperwork Burdens on the Public). Board– AGENCY: E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

[Federal Register Volume 70, Number 38 (Monday, February 28, 2005)]
[Notices]
[Pages 9647-9649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3801]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[DA 05-422]


Notice of Suspension and of Proposed Debarment Proceedings; 
Schools and Libraries Universal Service Support Mechanism

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Enforcement Bureau (Bureau) gives notice of Mr. Qasim 
Bokhari (a/k/a Syed Qasim Ali Bokhari, a/k/a Kasim Bokhari) suspension 
from the schools and libraries universal service support mechanism. In 
addition, the Bureau gives notice that debarment proceedings are 
commencing against Mr. Qasim Bokhari.

DATES: Opposition request must be received by March 18, 2005. An 
opposition request by the party to be suspended must be received 30 
days from the receipt of the suspension letter or by March 18, 2005. 
The Bureau will decide any opposition request for reversal or 
modification of suspension within 90 days of its receipt of such 
requests.

FOR FURTHER INFORMATION CONTACT: Diana Lee, Federal Communications 
Commission, Enforcement Bureau, Investigations and Hearings Division, 
Room 4-C330, 445 12th Street, SW., Washington DC 20554. Diana Lee may 
be contacted by phone at (202) 418-0843 or e-mail at Diana.Lee@fcc.gov.

SUPPLEMENTARY INFORMATION: The Bureau has suspension and debarment

[[Page 9648]]

authority under 47 CFR 54.521 and 47 CFR 0.111(a)(14). Suspension will 
help ensure that the party to be suspended cannot continue to benefit 
from the schools and libraries mechanism pending resolution of the 
debarment process. Attached is the suspension letter, Notice of 
Suspension and of Proposed Debarment Proceeding, DA 05-422, which was 
mailed to Mr. Haider Bokhari and released on February 16, 2005. The 
letter (1) gives notice of the suspension and proposed debarment; (2) 
gives the reasons for the proposed debarment; (3) explains the 
debarment procedure; and (4) describes the potential effect of the 
debarment. The complete text of the suspension letter is available for 
public inspections and copying during regular business hours at the FCC 
Reference Information Center, Portal II, 445 12th Street, SW., Room CY-
A257, Washington DC 20554. In addition, the complete text is available 
on the FCC's Web site at https://www.fcc.gov. The text may also be 
purchased from the Commission's duplicating contractor, Best Copy and 
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington DC 20554, telephone (202) 488-5300 or (800) 378-3160, 
facsimile (202) 488-5563, or via e-mail https://www.bcpiweb.com.

Federal Communications Commission.
Hillary DeNigro,
Deputy Chief, Investigations and Hearings Division, Enforcement Bureau.

    The suspension letter follows:

February 16, 2005

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED

Mr. Qasim Bokhari, (a/k/a Syed Qasim Ali Bokhari, a/k/a Kasim 
Bokhari), c/o Michael J. Steinle, Esquire, Steinle Law Offices, 2600 
N Mayfair Rd-Suite 700, Milwaukee, WI 53226.

Re: Notice of Suspension and of Proposed Debarment, File No. EB-04-
IH-0388

    Dear Mr. Qasim Bokhari: The Federal Communications Commission 
(``FCC'' or ``Commission'') has received notice of your January 28, 
2005 conviction for mail fraud in violation of 18 U.S.C. Sec. Sec.  
371 and 1341, and for money laundering in violation of the 18 U.S.C. 
Sec.  1956(a) and (h).\1\ Consequently, pursuant to 47 CFR Sec.  
54.521, this letter constitutes official notice of your suspension 
from the schools and libraries universal service support mechanism 
(``E-Rate program''). In addition, the Enforcement Bureau 
(``Bureau'') hereby notifies you that we are commencing debarment 
proceedings against you.\2\
---------------------------------------------------------------------------

    \1\ United States v. Bokhari et al, Case No. 04-CR-0056-RTR, 
Plea Agreement (E.D.WI filed and entered October 22, 2004) (``Qasim 
Bokhari Plea Agreement''); United States v. Qasim Bokhari, Case No. 
04-CR-0056-RTR, Judgment (E.D.WI filed January 28, 2005 and entered 
February 3, 2005).
    \2\ 47 CFR Sec.  54.521; 47 CFR Sec.  0.111(a)(14) (delegating 
to the Enforcement Bureau authority to resolve universal service 
suspension and debarment proceedings pursuant to 47 CFR Sec.  
54.521).
---------------------------------------------------------------------------

I. Notice of Suspension

    Pursuant to section 54.521(a)(4) of the Commission's rules,\3\ 
Your conviction requires the Bureau to suspend you from 
participating in any activities associated with or related to the 
schools and libraries fund mechanism, including the receipt of funds 
or discounted services through the schools and libraries fund 
mechanism, or consulting with, assisting, or advising applicants or 
service providers regarding the schools and libraries support 
mechanism.\4\ Your suspension becomes effective upon the earlier of 
your receipt of this letter or publication of notice in the Federal 
Register.\5\
---------------------------------------------------------------------------

    \3\ 47 CFR Sec.  54.521(a)(4). See Schools and Libraries 
Universal Service Support Mechanism, Second Report and Order and 
Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 
]] 67-74 (2003) (``Second Report and Order'').
    \4\ Second Report and Order, 18 FCC Rcd at 9225, ] 67; 47 U.S.C. 
Sec.  254; 47 CFR Sec. Sec.  54.502-54.503; 47 CFR Sec.  
54.521(a)(4).
    \5\ Second Report and Order, 18 FCC Rcd at 9226, ] 69; 47 CFR 
Sec.  54.521(e)(1).
---------------------------------------------------------------------------

    Suspension is immediate pending the Bureau's final debarment 
determination. You may contest this suspension or the scope of this 
suspension by filing arguments in opposition to the suspension, with 
any relevant documentation. Your request must be received within 30 
days after it receives this letter or after notice is published in 
the Federal Register, whichever comes first.\6\ Such requests, 
however, will not ordinarily be granted.\7\ The Bureau may reverse 
or limit the scope of suspension only upon a finding of 
extraordinary circumstances.\8\ Absent extraordinary circumstances, 
the Bureau will decide any request for reversal or modification of 
suspension within 90 days of its receipt of such request.\9\
---------------------------------------------------------------------------

    \6\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR 
Sec.  54.521(e)(4).
    \7\ Second Report and Order, 18 FCC Rcd at 9226, ] 70.
    \8\ 47 CFR Sec.  54.521(e)(5).
    \9\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 
CFR Sec. Sec.  54.521(e)(5), 54.521(f).
---------------------------------------------------------------------------

II. Notice of Proposed Debarment

A. Reasons for and Cause of Debarment

    The Commission has established procedures to prevent persons who 
have ``defrauded the government or engaged in similar acts through 
activities associated with or related to the schools and libraries 
support mechanism'' from receiving the benefits associated with that 
program.\10\ As provided by the October 22, 2004 plea agreement upon 
which your conviction is based, you pled guilty to mail fraud and 
money laundering offenses for activities in connection with your 
participation, through your Virginia-based consulting company, in 
the E-Rate program with certain schools in Wisconsin and Illinois. 
In connection with the mail fraud offenses, you admitted to 
conspiring and carrying out, with other co-conspirators, the 
following acts: (1) illegally inducing certain Wisconsin and 
Illinois schools to select your consulting company as the schools' 
E-Rate service provider by promising school officials that their 
school would not have to pay their undiscounted share of the cost 
under the E-Rate program; (2) taking over those schools' role in 
completing and submitting E-Rate applications, and causing those 
schools to enter into unnecessarily large contracts for 
infrastructure enhancements under the E-Rate program; (3) submitting 
materially false and fraudulent invoices and other documents to the 
E-Rate program claiming that the schools have been billed for their 
undiscounted share; (4) submitting materially false and fraudulent 
invoices and other documents to the E-Rate program claiming that 
certain work had been performed and goods supplied to the schools; 
and (5) receiving payment from the E-Rate program for goods and 
services that you fraudulently claimed your consulting company had 
provided to the schools.\11\ In connection with the money laundering 
offenses, you admitted to conspiring and carrying out, with other 
co-conspirators, an unlawful scheme to transfer the fraudulently 
obtained E-Rate payments from the United States to Pakistan through 
the unknowing services of other individuals designed, in whole or in 
part, to conceal and disguise the nature, location, source, 
ownership, and control of these monies.\12\ These actions constitute 
the conduct or transactions upon which this debarment proceeding is 
based.\13\ Moreover, your conviction on the basis of these acts 
falls within the categories of causes for debarment defined in 
section 54.521(c) of the Commission's rules.\14\ Therefore, pursuant 
to section 54.521(a)(4) of the Commission's rules, your conviction 
requires the Bureau to commence debarment proceedings against you.
---------------------------------------------------------------------------

    \10\ Second Report and Order, 18 FCC Rcd at 9225, ] 66. The 
Commission's debarment rules define a ``person'' as ``[a]ny 
individual, group of individuals, corporation, partnership, 
association, unit of government or legal entity, however, 
organized.'' 47 CFR Sec.  54.521(a)(6).
    \11\ See Qasim Bokhari Plea Agreement at 1-5.
    \12\ See Qasim Bokhari Plea Agreement at 1, 6-9.
    \13\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR 
Sec.  54.521(e)(2)(i).
    \14\ ``Causes for suspension and debarment are the conviction of 
or civil judgment for attempt or commission of criminal fraud, 
theft, embezzlement, forgery, bribery, falsification or destruction 
of records, making false statements, receiving stolen property, 
making false claims, obstruction of justice and other fraud or 
criminal offense arising out of activities associated with or 
related to the schools and libraries support mechanism.'' 47 CFR 
Sec.  54.521(c). Such activities ``include the receipt of funds or 
discounted services through the schools and libraries support 
mechanism, or consulting with, assisting, or advising applicants or 
service providers regarding schools and libraries support mechanism 
described in this section ([47 CFR] Sec.  54.500 et seq.).'' 47 CFR 
Sec.  54.521(a)(1).
---------------------------------------------------------------------------

B. Debarment Procedures

    You may contest debarment or the scope of the proposed debarment 
by filing arguments and any relevant documentation within 30 
calendar days of the earlier of the receipt of this letter or of 
publication in the Federal

[[Page 9649]]

Register.\15\ Absent extraordinary circumstances, the Bureau will 
debar you.\16\ Within 90 days of receipt of any opposition to your 
suspension and proposed debarment, the Bureau, in the absence of 
extraordinary circumstances, will provide you with notice of its 
decision to debar.\17\ If the Bureau decides to debar you, its 
decision will become effective upon the earlier of your receipt of a 
debarment notice or publication of the decision in the Federal 
Register.\18\
---------------------------------------------------------------------------

    \15\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 
CFR Sec. Sec.  54.521(e)(2)(i), 54.521(e)(3).
    \16\ Second Report and Order, 18 FCC Rcd at 9227, ] 74.
    \17\ See id., 18 FCC Rcd at 9226, ] 70; 47 CFR Sec.  
54.521(e)(5).
    \18\ Id. The Commission may reverse a debarment, or may limit 
the scope or period of debarment upon a finding of extraordinary 
circumstances, following the filing of a petition by you or an 
interested party or upon motion by the Commission. 47 CFR Sec.  
54.521(f).
---------------------------------------------------------------------------

C. Effect of Debarment

    If and when your debarment becomes effective, you will be 
prohibited from participating in activities associated with or 
related to the schools and libraries support mechanism for at least 
three years from the date of debarment.\19\ The Bureau may, if 
necessary to protect the public interest, extend the debarment 
period.\20\
---------------------------------------------------------------------------

    \19\ Second Report and Order, 18 FCC Rcd at 9225, ] 67; 47 CFR 
Sec. Sec.  54.521(d), 54.521(g).
    \20\ Id.
---------------------------------------------------------------------------

    Please direct any responses to the following address: Diana Lee, 
Federal Communications Commission, Enforcement Bureau, 
Investigations and Hearings Division, Room 4-C443, 445 12th Street, 
SW., Washington, DC 20554.
    If you submit your response via hand-delivery or non-United 
States Postal Service delivery (e.g., Federal Express, DHL, etc.), 
please send the response to Ms. Lee at the following address: 
Federal Communications Commission, 9300 East Hampton Drive, Capitol 
Heights, MD 20743.
    If you have any questions, please contact Ms. Lee via mail, by 
telephone at (202) 418-0843 or by e-mail at diana.lee@fcc.gov.
 Sincerely yours,

William H. Davenport,

Chief, Investigations and Hearings Division, Enforcement Bureau.

cc: Carla Stern, Assistant United States Attorney, DOJ (E-mail), 
Kristy Carroll, Esq., USAC (E-mail)

[FR Doc. 05-3801 Filed 2-25-05; 8:45 am]
BILLING CODE 6712-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.