Notice of Suspension and of Proposed Debarment, 40360-40362 [05-13744]
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40360
Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices
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 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 § 54.521(c) of the
Commission’s rules.14 Therefore, pursuant to
§ 54.521(a)(4) of the Commission’s rules, your
conviction requires the Bureau to commence
debarment proceedings against you.
government or legal entity, however, organized.’’ 47
CFR 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 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).
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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
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. 05–13745 Filed 7–12–05; 8:45 am]
BILLING CODE 6712–01–P
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.
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FEDERAL COMMUNICATIONS
COMMISSION
[DA 05–1729]
Notice of Suspension and of Proposed
Debarment
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: The Enforcement Bureau
(Bureau) gives notice of Mr. Ronald R.
Morrett, Jr. suspension from the schools
and libraries universal service support
mechanism. In addition, the Bureau
gives notice that debarment proceedings
are commencing against Mr. Ronald R.
Morrett, Jr.
DATES: Opposition request must be
received by August 12, 2005. An
opposition request by the party to be
suspended must be received 30 days
from the receipt of the suspension letter
or by August 12, 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 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, DA 05–1729,
which was sent by certified mail to Mr.
Ronald R. Morrett, Jr. and released on
June 23, 2005. The letter (1) Gives notice
of the suspension; (2) gives notice of
proposed debarment; (3) gives the
reasons for and cause of debarment; (4)
explains the debarment procedures; and
(5) describes the potential the effect of
the debarment. The complete text of the
suspension letter is available for public
inspection 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., Portal II,
E:\FR\FM\13JYN1.SGM
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Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices
445 12th Street, SW., Room CY–B420,
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:
June 23, 2005
Via certified mail, return receipt requested
Mr. Ronald R. Morrett, Jr., 1809 Holly Drive,
Harrisburg, PA 17110.
Re: Notice of Suspension and of Proposed
Debarment File No. EB–03–IH–0615
Dear Mr. Morrett: The Federal
Communications Commission (‘‘FCC’’ or
‘‘Commission’’) has received notice of your
May 16, 2005 conviction for conspiracy to
engage in bribery in a federally funded
program, in violation of 18 U.S.C. 371.1
Consequently, pursuant to 47 CFR 54.521,
this letter constitutes official notice of your
suspension from the schools and libraries
universal service support mechanism (or ‘‘ERate 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 support
mechanism, including 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 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
1 Any further reference in this letter to ‘‘your
conviction’’ refers to your December 8, 2003 guilty
plea for conspiracy and conviction therefor. See
United States v. Morrett, Criminal Docket No. 03–
337, Information at 4 (M.D.Pa. filed December 8,
2003) (‘‘Morrett Information’’); United States v.
Morrett, Criminal Docket No. 03–337, Plea
Agreement at 1–2 (M.D.Pa. filed Dec. 8, 2003)
(‘‘Morrett Plea Agreement’’); United States v.
Morrett, Criminal Docket No. 03–337, Judgment
(M.D.Pa. filed May 16, 2005 and entered May 18,
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).
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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 you receive
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 your December 8, 2003 plea agreement
upon which your conviction is based, you
pleaded guilty to a felony information
charging you with conspiracy in violation of
18 U.S.C. 371.11 The felony information
alleges that in 2000, the Harrisburg
(Pennsylvania) School District awarded a
multi-million dollar E-Rate contract to you
and EMO Communications, Inc. (‘‘EMO’’) for
the development and installation of an
educational technology system for the school
district; that a grant from the E-Rate program
funded a substantial portion of the cost of
this contract; that you and EMO received
payments from the E-Rate program only after
John Weaver, Information Technology
Director for the school district, certified that
you and EMO had performed specified work
under the contract; and that you agreed to
make kickback payments of more than $1.9
million to Weaver while he processed
certifications that were essential to you in
obtaining E-Rate funded payments on the
contract.12 The felony information charges
you, Weaver, and others with conspiring to
corruptly give, offer, and agree to give things
of value with the intent to influence an agent
of the Harrisburg School District and in
furtherance of that conspiracy, causing more
than $1.9 million in payments to be made to
Weaver.13 Pursuant to your plea agreement,
you have pleaded guilty to the charge of
conspiracy set forth in the felony
information. These actions constitute the
conduct or transactions upon which this
debarment proceeding is based.14 Moreover,
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(f).
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.
11 See Morrett Plea Agreement at 1.
12 Morrett Information at 2–3.
13 Morrett Information at 4–5.
14 Second Report and Order, 18 FCC Rcd at 9226,
¶ 70; 47 CFR 54.521(e)(2)(i).
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40361
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.15 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.16 Absent extraordinary
circumstances, the Bureau will debar you.17
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.18 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.19
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.20 The Bureau may, if
necessary to protect the public interest,
extend the debarment period.21
Please direct any responses to the
following address: Diana Lee, Federal
Communications Commission, Enforcement
Bureau, Investigations and Hearings Division,
Room 4C–330, 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
15 ‘‘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).
16 See Second Report and Order, 18 FCC Rcd at
9226, ¶ 70; 47 CFR 54.521(e)(2(i), 54.521(e)(3).
17 Second Report and Order, 18 FCC Rcd at 9227,
¶ 74.
18 See Id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR
54.521(e)(5).
19 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).
20 Second Report and Order, 18 FCC Rcd at 9225,
¶ 67; 47 CFR 54.521(d), 54.521(g).
21 Id.
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40362
Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices
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–
1420 or by e-mail at diana.lee@fcc.gov. If Ms.
Lee is unavailable, you may contact Eric Bash
by telephone at (202) 418–1420 and by e-mail
at eric.bash@fcc.gov.
Sincerely yours,
William H. Davenport,
Chief, Investigations and Hearings Division,
Enforcement Bureau.
cc: Brian Perry, Esq., Nealson & Gover; Kristy
Carroll, Esq., USAC (E-mail); Marty
Carlson, Esq., Assistant United States
Attorney, Middle District of Pennsylvania
(E-mail).
[FR Doc. 05–13744 Filed 7–12–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission,
Comments Requested
June 30, 2005.
SUMMARY: The Federal Communications
Commission, as part of its continuing
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 (PRA) of 1995, Public Law No. 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
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 Paperwork Reduction
Act (PRA) comments should be
submitted on or before September 12,
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 Paperwork
Reduction Act (PRA) comments to
Cathy Williams, Federal
Communications Commission, Room 1–
C823, 445 12th Street, SW., Washington,
DC 20554 or via the Internet to
Cathy.Williams@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection(s), contact Cathy
Williams at (202) 418–2918 or via the
Internet at Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: OMB
Control Number: 3060–0126.
Title: Section 73.1820, Station Log.
Form Number: Not applicable.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities; Not-for-profit
institutions.
Number of Respondents: 15,200.
Estimated Time per Response: 0.017–
0.5 hours.
Frequency of Response:
Recordkeeping requirement.
Total Annual Burden: 15,095 hours.
Total Annual Cost: None.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: Needs: 47 CFR
73.1820 requires that each licensee of an
AM, FM or TV broadcast station
maintain a station log. Each entry must
accurately reflect the station’s operation.
This log should reflect adjustments to
operating parameters for AM stations
with directional antennas without an
approved sampling system, for all
stations the actual time of any
observation of extinguishment or
improper operation of tower lights, and
entry of each test of the Emergency Alert
System (EAS) for commercial stations.
The data is used by FCC staff in field
investigations to assure that the licensee
is operating in accordance with the
technical requirements as specified in
the FCC Rules and with the station
authorization, and is taking reasonable
measures to preclude interference to
other stations. It is also used to verify
that the EAS is operating properly.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05–13478 Filed 7–12–05; 8:45 am]
BILLING CODE 6712–10–P
FEDERAL COMMUNICATIONS
COMMISSION
Sunshine Act Meeting, Open
Commission Meeting; Thursday, July
14, 2005
July 7, 2005.
The Federal Communications
Commission will hold an Open Meeting
on the subjects listed below on
Thursday, July 14, 2005, which is
scheduled to commence at 9:30 a.m. in
Room TW–C305, at 445 12th Street,
SW., Washington, DC.
Item
No.
Bureau
Subject
1 ....
Consumer & Governmental Affairs ................
2 ....
Consumer & Governmental Affairs ................
3 ....
Consumer & Governmental Affairs ................
Title: Telecommunications Relay Services and Speech-to-Speech Services for Individuals
with Hearing and Speech Disabilities (CC Docket No. 98–67 and CG Docket No. 3–
123).
Summary: The Commission will consider an Order concerning captioned telephone service and the compensation of two-line captioned telephone calls from the Interstate TRS
Fund.
Title: Telecommunications Relay Services and Speech-to-Speech Services for Individuals
with Hearing and Speech Disabilities (CG Docket No. 03–123 and CC Docket No. 98–
67).
Summary: The Commission will consider a Report and Order concerning the Commission’s rules governing the provision of Video Relay Service, including speed of answer,
hours of service, and VRS Mail.
Title: Telecommunications Relay Services and Speech-to-Speech Services for Individuals
with Hearing and Speech Disabilities (CC Docket No. 98–67 and CG Docket No. 03–
123).
Summary: The Commission will consider an Order on Reconsideration concerning the
compensation of Spanish translation Video Relay Service from the Interstate TRS Fund.
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]]>Agencies
[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Notices]
[Pages 40360-40362]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13744]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[DA 05-1729]
Notice of Suspension and of Proposed Debarment
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Enforcement Bureau (Bureau) gives notice of Mr. Ronald R.
Morrett, Jr. suspension from the schools and libraries universal
service support mechanism. In addition, the Bureau gives notice that
debarment proceedings are commencing against Mr. Ronald R. Morrett, Jr.
DATES: Opposition request must be received by August 12, 2005. An
opposition request by the party to be suspended must be received 30
days from the receipt of the suspension letter or by August 12, 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 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, DA 05-1729, which was sent by
certified mail to Mr. Ronald R. Morrett, Jr. and released on June 23,
2005. The letter (1) Gives notice of the suspension; (2) gives notice
of proposed debarment; (3) gives the reasons for and cause of
debarment; (4) explains the debarment procedures; and (5) describes the
potential the effect of the debarment. The complete text of the
suspension letter is available for public inspection 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.,
Portal II,
[[Page 40361]]
445 12th Street, SW., Room CY-B420, 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:
June 23, 2005
Via certified mail, return receipt requested
Mr. Ronald R. Morrett, Jr., 1809 Holly Drive, Harrisburg, PA 17110.
Re: Notice of Suspension and of Proposed Debarment File No. EB-03-IH-
0615
Dear Mr. Morrett: The Federal Communications Commission (``FCC''
or ``Commission'') has received notice of your May 16, 2005
conviction for conspiracy to engage in bribery in a federally funded
program, in violation of 18 U.S.C. 371.\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 (or ``E-Rate program''). In addition, the Enforcement
Bureau (``Bureau'') hereby notifies you that we are commencing
debarment proceedings against you.\2\
---------------------------------------------------------------------------
\1\ Any further reference in this letter to ``your conviction''
refers to your December 8, 2003 guilty plea for conspiracy and
conviction therefor. See United States v. Morrett, Criminal Docket
No. 03-337, Information at 4 (M.D.Pa. filed December 8, 2003)
(``Morrett Information''); United States v. Morrett, Criminal Docket
No. 03-337, Plea Agreement at 1-2 (M.D.Pa. filed Dec. 8, 2003)
(``Morrett Plea Agreement''); United States v. Morrett, Criminal
Docket No. 03-337, Judgment (M.D.Pa. filed May 16, 2005 and entered
May 18, 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 support mechanism, including 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 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\
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\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).
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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 you receive 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\
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\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(f).
\9\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47
CFR 54.521(e)(5), 54.521(f).
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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 your December 8, 2003 plea agreement
upon which your conviction is based, you pleaded guilty to a felony
information charging you with conspiracy in violation of 18 U.S.C.
371.\11\ The felony information alleges that in 2000, the Harrisburg
(Pennsylvania) School District awarded a multi-million dollar E-Rate
contract to you and EMO Communications, Inc. (``EMO'') for the
development and installation of an educational technology system for
the school district; that a grant from the E-Rate program funded a
substantial portion of the cost of this contract; that you and EMO
received payments from the E-Rate program only after John Weaver,
Information Technology Director for the school district, certified
that you and EMO had performed specified work under the contract;
and that you agreed to make kickback payments of more than $1.9
million to Weaver while he processed certifications that were
essential to you in obtaining E-Rate funded payments on the
contract.\12\ The felony information charges you, Weaver, and others
with conspiring to corruptly give, offer, and agree to give things
of value with the intent to influence an agent of the Harrisburg
School District and in furtherance of that conspiracy, causing more
than $1.9 million in payments to be made to Weaver.\13\ Pursuant to
your plea agreement, you have pleaded guilty to the charge of
conspiracy set forth in the felony information. These actions
constitute the conduct or transactions upon which this debarment
proceeding is based.\14\ 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.\15\
Therefore, pursuant to section 54.521(a)(4) of the Commission's
rules, your conviction requires the Bureau to commence debarment
proceedings against you.
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\10\ Second Report and Order, 18 FCC Rcd at 9225, ] 66.
\11\ See Morrett Plea Agreement at 1.
\12\ Morrett Information at 2-3.
\13\ Morrett Information at 4-5.
\14\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR
54.521(e)(2)(i).
\15\ ``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).
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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.\16\ Absent extraordinary
circumstances, the Bureau will debar you.\17\ 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.\18\ 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.\19\
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\16\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47
CFR 54.521(e)(2(i), 54.521(e)(3).
\17\ Second Report and Order, 18 FCC Rcd at 9227, ] 74.
\18\ See Id., 18 FCC Rcd at 9226, ] 70; 47 CFR 54.521(e)(5).
\19\ 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).
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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.\20\ The Bureau may, if
necessary to protect the public interest, extend the debarment
period.\21\
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\20\ Second Report and Order, 18 FCC Rcd at 9225, ] 67; 47 CFR
54.521(d), 54.521(g).
\21\ Id.
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Please direct any responses to the following address: Diana Lee,
Federal Communications Commission, Enforcement Bureau,
Investigations and Hearings Division, Room 4C-330, 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
[[Page 40362]]
Commission, 9300 East Hampton Drive, Capitol Heights, MD 20743.
If you have any questions, please contact Ms. Lee via mail, by
telephone at (202) 418-1420 or by e-mail at diana.lee@fcc.gov. If
Ms. Lee is unavailable, you may contact Eric Bash by telephone at
(202) 418-1420 and by e-mail at eric.bash@fcc.gov.
Sincerely yours,
William H. Davenport,
Chief, Investigations and Hearings Division, Enforcement Bureau.
cc: Brian Perry, Esq., Nealson & Gover; Kristy Carroll, Esq., USAC
(E-mail); Marty Carlson, Esq., Assistant United States Attorney,
Middle District of Pennsylvania (E-mail).
[FR Doc. 05-13744 Filed 7-12-05; 8:45 am]
BILLING CODE 6712-01-P
