Notice of Suspension and of Proposed Debarment Proceedings; Schools and Libraries Universal Service Support Mechanism, 11972-11974 [05-4723]

Download as PDF 11972 Federal Register / Vol. 70, No. 46 / Thursday, March 10, 2005 / Notices effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, Public Law 104–13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written comments should be submitted on or before May 9, 2005. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all comments to Judith B. Herman, Federal Communications Commission, Room 1– C804, 445 12th Street, SW., Washington, DC 20554 or via the Internet to JudithB.Herman@fcc.gov. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), contact Judith B. Herman at 202–418–0214 or via the Internet at Judith-B.Herman@fcc.gov. SUPPLEMENTARY INFORMATION: OMB Control No.: 3060–XXXX. Title: Accounting and Separations Information from Incumbent Local Exchange Carriers that Receive Interstate Access Revenues on a Cost Basis. Form No.: N/A. Type of Review: New collection. Respondents: Business or other forprofit; Not-for-profit institutions. Number of Respondents: 900. Estimated Time per Response: 20 hours. Frequency of Response: One time reporting requirement. Total Annual Burden: 18,000 hours. Total Annual Cost: N/A. Privacy Act Impact Assessment: N/A. VerDate jul<14>2003 18:28 Mar 09, 2005 Jkt 205001 Needs and Uses: This is a one-time data collection designed to assist the Commission in evaluating whether to modify its rules pertaining to jurisdictional separations, specifically, the Part 36 category relationships and jurisdictional cost allocation factors. Jurisdictional separations are the process by which incumbent local exchange carriers apportion regulated costs between the intrastate and interstate jurisdictions. In 2001, the Commission adopted the recommendation of the Federal-State Joint Board on Separations and took action to freeze, on an interim basis, the Part 36 jurisdictional separations rules, in order to stabilize and simplify the separations process while the Commission continued to work on comprehensive separations reform. Specifically, the Commission froze all of the Part 36 category relationships and allocation factors for price cap carriers, and froze all allocation factors for rateof-return carriers. This freeze was to last for five years or until the Commission completed comprehensive separations reform, whichever came first. The freeze is scheduled to lapse on June 30, 2006. The requested data is necessary to enable the Federal-State Joint Board on Separations and the Commission to determine whether to extend the separations freeze, and, if not, whether and how to modify the jurisdictional separations process. To assist the Federal-State Joint Board on Separations and the Commission in this regard, carriers will be requested to identify and explain the way in which specific categories of costs and revenues are recorded for accounting and jurisdictional purposes. Among other things, the data will allow the FederalState Joint Board and the Commission to study the impact of the Internet and the growth in local minutes during the interim freeze. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 05–4724 Filed 3–9–05; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [DA 05–421] Notice of Suspension and of Proposed Debarment Proceedings; Schools and Libraries Universal Service Support Mechanism Federal Communications Commission. ACTION: Notice. AGENCY: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 SUMMARY: The Enforcement Bureau (Bureau) gives notice of Mr. Haider Bokhari (a/k/a Syed Haider Ali Bokhari) suspension from the schools and libraries universal service support mechanism. In addition, the Bureau gives notice that debarment proceedings are commencing against Mr. Haider 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 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 05–421, 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 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. William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau. The suspension letter follows: E:\FR\FM\10MRN1.SGM 10MRN1 Federal Register / Vol. 70, No. 46 / Thursday, March 10, 2005 / Notices February 16, 2005. Via Certified Mail, Return Receipt Requested Mr. Haider Bokhari, (a/k/a Syed Haider Ali Bokhari), c/o Patrick C. Brennan, Esquire, Brennan & Ramirez LLP, 324 E Wisconsin Ave—Suite 1010, Milwaukee, WI 53202– 4309. Re: Notice of Suspension and of Proposed Debarment, File No. EB–05–IH–0107. Dear Mr. Haider 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 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 1 United States v. Bokhari et al, Case No. 04–CR– 0056–RTR, Superceding Indictment (E.D.WI filed September 24, 2004 and entered October 4, 2004) (‘‘Bokhari Superceding Indictment’’); United States v. Haider Bokhari, Case No. 04–CR–0056–RTR, Judgment (E.D.WI filed January 28, 2005 and entered February 3, 2005). 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. VerDate jul<14>2003 18:28 Mar 09, 2005 Jkt 205001 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 Based on your October 22, 2004 guilty plea, you were convicted, on or about January 28, 2005, of mail fraud and money laundering offenses involving your participation, through a Virginia-based consulting company owned by your brother, Qasim Bokhari, in the E-Rate program with certain schools in Wisconsin and Illinois.11 In connection with the mail fraud offenses, you admitted to conspiring and carrying out, along with Qasim Bokhari and other co-conspirators, the following acts: (1) Illegally inducing certain Wisconsin and Illinois schools to select the 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 ERate program; (2) taking over the schools’ role in completing and submitting E-Rate applications, and causing those schools to enter into unnecessarily large contracts for infrastructure enhancements under the ERate 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 the consulting company had provided to the schools. In connection with the money laundering offenses, you admitted to conspiring and carrying out, with Qasim Bokhari and other co-conspirators, the 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 CFR 54.521(e)(5). 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). 11 See Bokhari Superceding Indictment at 5–13. 12 See Bokhari Superceding Indictment at 16–19, 21. PO 00000 8 47 9 See Frm 00046 Fmt 4703 Sfmt 4703 11973 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 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 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). 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. E:\FR\FM\10MRN1.SGM 10MRN1 11974 Federal Register / Vol. 70, No. 46 / Thursday, March 10, 2005 / Notices 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. 05–4723 Filed 3–9–05; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [Report No. AUC–05–81–B (Auction No. 81); DA 05–505] Applicants for Low Power Television Construction Permits To Be Awarded in Auction No. 81 Must Submit Supplemental Information by March 18, 2005 Federal Communications Commission. ACTION: Notice. AGENCY: SUMMARY: This document notifies applicants in the upcoming auction of construction permits for certain low power television (LPTV), television translator and Class A Television broadcast stations (Auction No. 81) that they must provide to the Commission their FCC Registration Number (FRN) by March 18, 2005 in order to participate in the auction. Auction No. 81 is scheduled to commence on September 14, 2005. DATES: FCC Registration Number (FRN) must be submitted by March 18, 2005. ADDRESSES: FRN may be sent by electronic mail to the following address: auction81@fcc.gov. In the alternative, an applicant may send an FRN by facsimile to Kathryn Garland at (717) 338–2850. FOR FURTHER INFORMATION CONTACT: FCC Technical Support at 1–877–480–3201 option 9, (202) 414–1250, or (202) 414– 1255 (TTY). Hours of service: Monday through Friday 8 a.m. to 6 p.m. e.t. For legal questions: Lynne Milne at (202) 418–0660. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Public Notice released February 28, 2005, Auction No. 81 Supplemental Public Notice. The complete text of the Auction No. 81 Supplemental Public Notice, is available for public inspection and copying during regular business hours VerDate jul<14>2003 18:28 Mar 09, 2005 Jkt 205001 at the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY–A257, Washington, DC 20554. The Auction No. 81 Supplemental Public Notice and related Commission documents may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone (202) 488–5300, facsimile (202) 488–5563, or you may contact BCPI at its Web site: https:// www.BCPIWEB.com. When ordering documents from BCPI, please provide the appropriate FCC document number (for example, DA 05–505 for the Auction No. 81 Supplemental Public Notice). The Auction No. 81 Supplemental Public Notice and related documents are also available on the Internet at the Commission’s Web site: https://wireless.fcc.gov/auctions/81/. I. General Information 1. On June 23, 2000, the Mass Media Bureau and Wireless Telecommunications Bureau (the ‘‘Bureaus’’) announced a limited auction filing window for certain low power television (LPTV), television translator, and Class A television broadcast stations. See Notice and Filing Requirements Regarding July 31 through August 4, 2000 Limited Low Power Television/Television Translator/Class A Television Auction Filing Window, Public Notice, 65 FR 46713 (July 31, 2000), 65 FR 39619 (June 27, 2000). Following the close of that filing window, the Federal Communications Commission (‘‘FCC’’) adopted a rule requiring all persons and entities doing business with the FCC to acquire a unique identifying number called the FCC Registration Number (FRN) and to provide it with all applications or feeable filings, as well as other transactions involving payment of money. This requirement became effective on December 3, 2001. Use of an FRN is mandatory for all applicants for Auction No. 81 so that they may log on to the FCC Auctions 175 Application & Search system and continue to participate in the auction process. 2. If an Auction No. 81 applicant does not submit its FRN pursuant to this public notice, the Commission will not review its short-form application (FCC Form 175). A separate Public Notice released February 28, 2005, Low Power Television Auction No. 81 Scheduled for September 14, 2005; Auction No. 81 Applicants Must Provide Supplemental Information by March 18, 2005; Comment Sought On Reserve Prices or Minimum Opening Bids and Other Procedures, DA 05–506, (‘‘Auction No. PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 81 Comment Public Notice’’) announces that the bidding for Auction No. 81 will start on September 14, 2005. That Public Notice also lists in Attachment A the applicants that are required to submit an FRN pursuant to the procedures set forth in this public notice no later than 5 p.m. eastern time (e.t.), Friday, March 18, 2005. 3. To submit an FRN for association with a pending application, each listed applicant must provide its precise applicant name and FRN in an e-mail to auction81@fcc.gov or fax this information to Kathryn Garland at (717) 338–2850. Note that, in some cases, an entity may have obtained multiple FRNs; however, each applicant must submit only the particular FRN that is associated with the Taxpayer Identification Number (TIN) that it used in connection with the initial submission of its short-form application (FCC Form 175) in June of 2000. 4. Applicants for Auction No. 81 must submit this information to the Commission no later than 5 p.m. e.t., Friday, March 18, 2005, in order to maintain status to participate in this auction. Any applicant that is listed in Attachment A of the Auction No. 81 Comment Public Notice (DA 05–506) which fails to submit its FRN exactly as prescribed by this public notice by the March 18th deadline will have its pending engineering proposals dismissed and will be ineligible to participate in Auction No. 81. 5. Applicants that do not have an FRN must obtain one by registering using the FCC’s Commission Registration System (CORES). To access CORES, point your Web browser to the FCC Auctions page at https://wireless.fcc.gov/auctions/ and click the CORES link under Related Sites. Next, follow the directions provided to register and receive your FRN. Be sure to retain this number and password and keep such information strictly confidential. Federal Communications Commission. Gary D. Michaels, Deputy Chief, Auction and Spectrum Access Division, WTB. [FR Doc. 05–4726 Filed 3–9–05; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\10MRN1.SGM 10MRN1

Agencies

[Federal Register Volume 70, Number 46 (Thursday, March 10, 2005)]
[Notices]
[Pages 11972-11974]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4723]


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

FEDERAL COMMUNICATIONS COMMISSION

[DA 05-421]


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. Haider 
Bokhari (a/k/a Syed Haider Ali Bokhari) suspension from the schools and 
libraries universal service support mechanism. In addition, the Bureau 
gives notice that debarment proceedings are commencing against Mr. 
Haider 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 
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 05-421, 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 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.
William H. Davenport,
Chief, Investigations and Hearings Division, Enforcement Bureau.

    The suspension letter follows:

[[Page 11973]]

February 16, 2005.
Via Certified Mail, Return Receipt Requested
Mr. Haider Bokhari, (a/k/a Syed Haider Ali Bokhari), c/o Patrick C. 
Brennan, Esquire, Brennan & Ramirez LLP, 324 E Wisconsin Ave--Suite 
1010, Milwaukee, WI 53202-4309.

Re: Notice of Suspension and of Proposed Debarment, File No. EB-05-
IH-0107.

    Dear Mr. Haider 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 we are commencing debarment proceedings against you.\2\
---------------------------------------------------------------------------

    \1\ United States v. Bokhari et al, Case No. 04-CR-0056-RTR, 
Superceding Indictment (E.D.WI filed September 24, 2004 and entered 
October 4, 2004) (``Bokhari Superceding Indictment''); United States 
v. Haider Bokhari, Case No. 04-CR-0056-RTR, Judgment (E.D.WI filed 
January 28, 2005 and entered February 3, 2005).
    \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).
---------------------------------------------------------------------------

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 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).
---------------------------------------------------------------------------

    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 
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).
---------------------------------------------------------------------------

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\ Based on your October 22, 2004 guilty plea, you were 
convicted, on or about January 28, 2005, of mail fraud and money 
laundering offenses involving your participation, through a 
Virginia-based consulting company owned by your brother, Qasim 
Bokhari, in the E-Rate program with certain schools in Wisconsin and 
Illinois.\11\ In connection with the mail fraud offenses, you 
admitted to conspiring and carrying out, along with Qasim Bokhari 
and other co-conspirators, the following acts: (1) Illegally 
inducing certain Wisconsin and Illinois schools to select the 
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 the 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 the 
consulting company had provided to the schools. In connection with 
the money laundering offenses, you admitted to conspiring and 
carrying out, with Qasim Bokhari and other co-conspirators, the 
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. 54.521(a)(6).
    \11\ See Bokhari Superceding Indictment at 5-13.
    \12\ See Bokhari Superceding Indictment at 16-19, 21.
    \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).
---------------------------------------------------------------------------

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 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 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).
---------------------------------------------------------------------------

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 
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

[[Page 11974]]

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. 05-4723 Filed 3-9-05; 8:45 am]
BILLING CODE 6712-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.