Notice of Debarment, 40352-40354 [05-13748]

Download as PDF 40352 Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices Comments or a request for a public hearing must be submitted to the U.S. Environmental Protection Agency Region III, 1650 Arch Street, Philadelphia, PA 19103–2029. Comments only may be submitted electronically to Jason Gambatese at gambatese.jason@epa.gov. All documents relating to this determination are available for inspection between the hours of 8 a.m. and 4:30 p.m., Monday through Friday, at the following offices: • Drinking Water Branch, Water Protection Division, U.S. Environmental Protection Agency Region III, 1650 Arch Street, Philadelphia, PA 19103–2029. • Pennsylvania Department of Environmental Protection, Bureau of Water Supply and Wastewater Management, 11th Floor, Rachel Carson State Office Building Harrisburg, 400 Market Street, Harrisburg, PA 17105– 8467. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Jason Gambatese, Drinking Water Branch at the Philadelphia address given above; telephone (215) 814–5759 or fax (215) 814–2318. All interested parties are invited to submit written comments on this determination and may request a public hearing. All comments will be considered, and, if necessary, EPA will issue a response. Frivolous or insubstantial requests for a hearing may be denied by the Regional Administrator. However, if a substantial request for a public hearing is made by August 12, 2005, a public hearing will be held. A request for public hearing shall include the following: (1) The name, address, and telephone number of the individual, organization, or other entity requesting a hearing; (2) a brief statement of the requesting person’s interest in the Regional Administrator’s determination and of information that the requesting person intends to submit at such a hearing; and (3) the signature of the individual making the request; or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity. SUPPLEMENTARY INFORMATION: FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD FEDERAL COMMUNICATIONS COMMISSION Notice of Public Hearing and Publication of Accounting Standard [DA 05–1727] Board Action: Pursuant to 31 U.S.C. 3511(d), the Federal Advisory Committee Act (Pub. L. No. 92–463), as amended, and the FASAB Rules Of Procedure, as amended in 2004, notice is hereby given that the Federal Accounting Standards Advisory Board (FASAB) will hold a public hearing in conjunction with its August 17–18, 2005 Board Meeting to hear comments on a recently published exposure draft— Accounting for Fiduciary Activities. The public hearing will also permit the Board to ask questions about information and points of view submitted by respondents. Those interested in testifying should contact Eileen Parlow, Assistant Director, no later than two weeks prior to the hearing and provide a short biography and written copies of prepared testimony. Ms. Parlow can be reached at 202–512– 7356 or via e-mail at parlowe@fasab.gov. The ED is available on the FASAB Web site https://www.fasab.gov under Exposure Drafts. Any interested person may attend the meeting as an observer. Building security requires advance notice of your attendance. Please call 202–512–7350 at least one day prior to the meeting. Board Action: Pursuant to 31 U.S.C. 3511(d), the Federal Advisory Committee Act (Pub. L. No. 92–463), as amended, and the FASAB Rules Of Procedure, as amended in 2004, notice is hereby given that the FASAB has issued Statement of Federal Financial Accounting Standards (SFFAS) 29, Heritage Assets and Stewardship Land. The statement is available on the FASAB Web site at https:// www.fasab.gov/standards.html. FOR FURTHER INFORMATION, CONTACT: Wendy M. Comes, Executive Director, 441 G St., NW., Mail Stop 6K17V, Washington, DC 20548, or call (202) 512–7350. Authority: Federal Advisory Committee Act. Pub. L. No. 92–463. Dated: July 6, 2005. Donald S. Welsh, Regional Administrator, EPA, Region III. [FR Doc. 05–13785 Filed 7–12–05; 8:45 am] Dated: July 7, 2005. Charles Jackson, Federal Register Liaison Officer. [FR Doc. 05–13758 Filed 7–12–05; 8:45 am] BILLING CODE 6560–50–P BILLING CODE 1610–01–M VerDate jul<14>2003 17:40 Jul 12, 2005 Jkt 205001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 Notice of Debarment Federal Communications Commission. AGENCY: ACTION: Notice. SUMMARY: The Enforcement Bureau (‘‘Bureau’’) debars Mr. John Henry Weaver from the schools and libraries universal service support mechanism (or ‘‘E-Rate program’’) for a period of three years. Debarment commences on the date Mr. Weaver receives the debarment letter or July 13, 2005, whichever date come first, for a period of three years. DATES: 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. The Bureau has debarred Mr. Weaver from the schools and libraries universal service support mechanism for a period of three year pursuant to 47 CFR 521 and 47 CFR 0.111(a)(14). The Commission previously suspended Mr. Weaver from the schools and libraries mechanism, pending debarment proceedings. See 70 FR 12883, March 16, 2005. Attached is the debarment letter, Notice of Debarment, DA 05– 1727, which was mailed to Mr. Weaver and released on June 23, 2005, that in turn attached the suspension letter, Notice of Suspension and of Proposed Debarment, DA 05–607. The complete text of the debarment letter, including attachment 1 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, 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. SUPPLEMENTARY INFORMATION: E:\FR\FM\13JYN1.SGM 13JYN1 Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices Federal Communications Commission. William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau. The notice of debarment and suspension letters follows: June 23, 2005. Via certified mail, return receipt requested John Henry Weaver, 146 Weldon Drive, York, PA 17404. Re: Notice of Debarment, File No. EB–03–IH– 0684 Dear Mr. Weaver: Pursuant to section 54.521 of the rules of the Federal Communications Commission (the ‘‘Commission’’), by this Notice of Debarment you are hereby debarred from the schools and libraries universal service support mechanism (or ‘‘E-Rate program’’) for a period of three years.1 On March 8, 2005, the Enforcement Bureau (the ‘‘Bureau’’) sent you a Notice of Suspension and Proposed Debarment (the ‘‘Notice of Suspension’’).2 That Notice of Suspension was published in the Federal Register on March 16, 2005.3 The Notice of Suspension suspended you from the schools and libraries universal service support mechanism and described the basis for your proposed debarment, the applicable debarment procedures, and the effect of debarment.4 Pursuant to the Commission’s rules, any opposition to your suspension or its scope or to your proposed debarment or its scope had to be filed with the Commission no later than thirty (30) calendar days from the earlier date of your receipt of the Notice of Suspension or publication of the Notice of Suspension in the Federal Register.5 The Commission did not receive any such opposition. As discussed in the Notice of Suspension, on or about March 1, 2005, you were convicted of participating in a conspiracy that involves receiving $1.9 million in kickback payments from Ronald R. Morrett of EMO Communications, Inc., while you were responsible for certifying that the company had performed work specified in a contract that is 80 percent funded by the E-Rate program, and concealing those payments by causing some of the payments to be funneled through various bank accounts belonging to third parties.6 Such conduct constitutes the basis for your debarment, and your conviction falls within the categories of causes for debarment under section 54.521(c) of the Commission’s rules.7 For the foregoing 1 See 47 CFR 0.111(a)(14), 54.521. from William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to John Henry Weaver, Notice of Suspension and Proposed Debarment, 20 FCC Rcd 5130 (Inv. & Hearings Div., Enf. Bur. 2005) (Attachment 1). 3 70 FR 12883 (Mar. 16, 2005). 4 See Notice of Suspension, 20 FCC Rcd at 5130– 32. 5 See 47 CFR 54.521(e)(3) and (4). That date occurred no later than April 15, 2005. See supra note 3. 6 Notice of Suspension, 20 FCC Rcd at 5131. 7 Id. at 5132; 47 CFR 54.521(c). 2 Letter VerDate jul<14>2003 17:40 Jul 12, 2005 Jkt 205001 reasons, you are hereby debarred for a period of three years from the debarment date, i.e., the earlier date of your receipt of this Notice of Debarment or its publication date in the Federal Register.8 Debarment excludes you, for the debarment period, from 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.’’ 9 Sincerely, William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau. cc: Gerald Lord, Esq., Miller, Poole & Lord, LLP; Kristy Carroll, Esq., USAC (E-mail); Marty Carlson, Esq., Assistant United States Attorney, Middle District of Pennsylvania (Email). Attachment 1 March 8, 2005. [DA 05–607] Via Certified Mail Return Receipt Requested John Henry Weaver, 146 Weldon Drive, York, PA 17404. Re: Notice of Suspension and of Proposed Debarment; File No. EB–03–IH–0684 Dear Mr. Weaver: The Federal Communications Commission (‘‘FCC’’ or ‘‘Commission’’) has received notice of your March 1, 2005 conviction pursuant to 18 U.S.C. 371 and 666 for conspiracy to engage in bribery in a federally funded program.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. 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 8 See Notice of Suspension, 20 FCC Rcd at 5131– 32. 9 See 47 CFR 54.521(a)(1), 54.521(a)(5), 54.521(d); Notice of Suspension, 20 FCC Rcd at 5132. 1 Any further reference in this letter to ‘‘your conviction’’ refers to your March 1, 2005 conviction based on your December 8, 2003 guilty plea to this count because you ‘‘did knowingly combine, conspire, confederate and agree with persons * * * to corruptly give, offer and agree to give things of value to another person with the intent to influence an agent of the Harrisburg School District.’’ See United States v. Weaver, Criminal Docket No. 03– 337, Information at 4 (M.D.Pa. filed December 8, 2003) (‘‘Weaver Information’’); United States v. Weaver, Criminal Docket No. 03–337, Plea Agreement at 1–2 (M.D.Pa. filed December 8, 2003) (‘‘Weaver Plea Agreement’’); United States v. Weaver, Judgment (M.D.Pa. filed on March 1, 2005 and entered on March 4, 2005) (‘‘Weaver Judgment’’). 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 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 40353 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 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 Commission rules establish 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 On March 1, 2005, you were convicted based on a December 8, 2003 plea of guilty to participating in a conspiracy with Ronald R. Morrett, Jr. (‘‘Morrett’’) of EMO Communications, Inc. (‘‘EMO’’).11 You admitted to the following acts: (1) Receiving $1.9 million in kickback payments from Morrett while you were responsible for certifying Morrett and EMO had performed work specified in a contract that is 80% funded by the federal E-rate program; and (2) concealing those payments by causing some of the payments to be funneled through various bank accounts belonging to third parties.12 These actions constitute the 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 See Second Report and Order, 18 FCC Rcd at 9226, ¶ 70; 47 CFR 54.521(e)(4). 7 Second Report and Order, 18 FCC Red at 9226, ¶ 70. 8 47 CFR 54.521(f). 9 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 Weaver Judgment at 1; Weaver Plea Agreement at 1–2. 12 Weaver Information 2–3, 6–7; Weaver Plea Agreement at 1–2. E:\FR\FM\13JYN1.SGM 13JYN1 40354 Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices 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 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 its 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. VerDate jul<14>2003 17:40 Jul 12, 2005 Jkt 205001 delivery (e.g., Federal Express, DHL, etc.), please send your 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– 1420 or by e-mail at diana.lee@fcc.gov. If Ms. Lee is unavailable, you may contact Hillary DeNigro by telephone at (202) 418–1420 and by e-mail at hillary.denigro@fcc.gov. Sincerely yours, William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau. cc: Gerald Lord, Miller, Poole & Lord, LLP, Kristy Carroll, USAC (E-mail), Marty Carlson, United States Attorney, Middle District of Pennsylvania (E-mail). [FR Doc. 05–13748 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 for Extension Under Delegated Authority 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 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 Paperwork Reduction (PRA) comments should be submitted on or before September 12, 2005. If you anticipate that you will be submitting PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 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 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: 3060–0309. Title: Section 74.1281, Station Records. Form Number: Not applicable. Type of Review: Extension of a currently approved collection. Respondents: Business or other forprofit entities; Not for profit institutions; State, local or tribal government. Number of Respondents: 3,800. Estimated Time per Response: 1 hour. Frequency of Response: Recordkeeping requirement. Total Annual Burden: 3,800 hours. Total Annual Cost: None. Privacy Act Impact Assessment: No impact(s). Needs and Uses: Section 74.1281 requires licensees of FM translator stations to maintain adequate station records. These records include the current instrument of authorization, official correspondence with FCC, maintenance records, contracts, permission for rebroadcasts and other pertinent documents. They also include entries concerning any extinguishment or improper operation of tower lights. Data is used by FCC staff in investigations to assure that licensee is operating in accordance with FCC rules and regulations and its station authorization. FOR FURTHER INFORMATION CONTACT: Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 05–13479 Filed 7–12–05; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget June 17, 2005. SUMMARY: The Federal Communications Commission, as part of its continuing E:\FR\FM\13JYN1.SGM 13JYN1

Agencies

[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Notices]
[Pages 40352-40354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13748]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 05-1727]


Notice of Debarment

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (``Bureau'') debars Mr. John Henry 
Weaver from the schools and libraries universal service support 
mechanism (or ``E-Rate program'') for a period of three years.

DATES: Debarment commences on the date Mr. Weaver receives the 
debarment letter or July 13, 2005, whichever date come first, for a 
period of three years.

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 debarred Mr. Weaver from the 
schools and libraries universal service support mechanism for a period 
of three year pursuant to 47 CFR 521 and 47 CFR 0.111(a)(14). The 
Commission previously suspended Mr. Weaver from the schools and 
libraries mechanism, pending debarment proceedings. See 70 FR 12883, 
March 16, 2005. Attached is the debarment letter, Notice of Debarment, 
DA 05-1727, which was mailed to Mr. Weaver and released on June 23, 
2005, that in turn attached the suspension letter, Notice of Suspension 
and of Proposed Debarment, DA 05-607. The complete text of the 
debarment letter, including attachment 1 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, 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.


[[Page 40353]]


Federal Communications Commission.
William H. Davenport,
Chief, Investigations and Hearings Division, Enforcement Bureau.

    The notice of debarment and suspension letters follows:

June 23, 2005.

Via certified mail, return receipt requested

John Henry Weaver, 146 Weldon Drive, York, PA 17404.

Re: Notice of Debarment, File No. EB-03-IH-0684

    Dear Mr. Weaver: Pursuant to section 54.521 of the rules of the 
Federal Communications Commission (the ``Commission''), by this 
Notice of Debarment you are hereby debarred from the schools and 
libraries universal service support mechanism (or ``E-Rate 
program'') for a period of three years.\1\
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    \1\ See 47 CFR 0.111(a)(14), 54.521.
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    On March 8, 2005, the Enforcement Bureau (the ``Bureau'') sent 
you a Notice of Suspension and Proposed Debarment (the ``Notice of 
Suspension'').\2\ That Notice of Suspension was published in the 
Federal Register on March 16, 2005.\3\ The Notice of Suspension 
suspended you from the schools and libraries universal service 
support mechanism and described the basis for your proposed 
debarment, the applicable debarment procedures, and the effect of 
debarment.\4\
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    \2\ Letter from William H. Davenport, Chief, Investigations and 
Hearings Division, Enforcement Bureau, Federal Communications 
Commission, to John Henry Weaver, Notice of Suspension and Proposed 
Debarment, 20 FCC Rcd 5130 (Inv. & Hearings Div., Enf. Bur. 2005) 
(Attachment 1).
    \3\ 70 FR 12883 (Mar. 16, 2005).
    \4\ See Notice of Suspension, 20 FCC Rcd at 5130-32.
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    Pursuant to the Commission's rules, any opposition to your 
suspension or its scope or to your proposed debarment or its scope 
had to be filed with the Commission no later than thirty (30) 
calendar days from the earlier date of your receipt of the Notice of 
Suspension or publication of the Notice of Suspension in the Federal 
Register.\5\ The Commission did not receive any such opposition.
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    \5\ See 47 CFR 54.521(e)(3) and (4). That date occurred no later 
than April 15, 2005. See supra note 3.
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    As discussed in the Notice of Suspension, on or about March 1, 
2005, you were convicted of participating in a conspiracy that 
involves receiving $1.9 million in kickback payments from Ronald R. 
Morrett of EMO Communications, Inc., while you were responsible for 
certifying that the company had performed work specified in a 
contract that is 80 percent funded by the E-Rate program, and 
concealing those payments by causing some of the payments to be 
funneled through various bank accounts belonging to third 
parties.\6\ Such conduct constitutes the basis for your debarment, 
and your conviction falls within the categories of causes for 
debarment under section 54.521(c) of the Commission's rules.\7\ For 
the foregoing reasons, you are hereby debarred for a period of three 
years from the debarment date, i.e., the earlier date of your 
receipt of this Notice of Debarment or its publication date in the 
Federal Register.\8\ Debarment excludes you, for the debarment 
period, from 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.'' \9\
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    \6\ Notice of Suspension, 20 FCC Rcd at 5131.
    \7\ Id. at 5132; 47 CFR 54.521(c).
    \8\ See Notice of Suspension, 20 FCC Rcd at 5131-32.
    \9\ See 47 CFR 54.521(a)(1), 54.521(a)(5), 54.521(d); Notice of 
Suspension, 20 FCC Rcd at 5132.
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    Sincerely,

William H. Davenport,
Chief, Investigations and Hearings Division, Enforcement Bureau.

    cc: Gerald Lord, Esq., Miller, Poole & Lord, LLP; Kristy 
Carroll, Esq., USAC (E-mail); Marty Carlson, Esq., Assistant United 
States Attorney, Middle District of Pennsylvania (E-mail).

Attachment 1

March 8, 2005.
[DA 05-607]
Via Certified Mail
Return Receipt Requested
John Henry Weaver, 146 Weldon Drive, York, PA 17404.

Re: Notice of Suspension and of Proposed Debarment; File No. EB-03-IH-
0684

    Dear Mr. Weaver: The Federal Communications Commission (``FCC'' 
or ``Commission'') has received notice of your March 1, 2005 
conviction pursuant to 18 U.S.C. 371 and 666 for conspiracy to 
engage in bribery in a federally funded program.\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. In addition, the Enforcement Bureau (``Bureau'') 
hereby notifies you that we are commencing debarment proceedings 
against you.\2\
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    \1\ Any further reference in this letter to ``your conviction'' 
refers to your March 1, 2005 conviction based on your December 8, 
2003 guilty plea to this count because you ``did knowingly combine, 
conspire, confederate and agree with persons * * * to corruptly 
give, offer and agree to give things of value to another person with 
the intent to influence an agent of the Harrisburg School 
District.'' See United States v. Weaver, Criminal Docket No. 03-337, 
Information at 4 (M.D.Pa. filed December 8, 2003) (``Weaver 
Information''); United States v. Weaver, Criminal Docket No. 03-337, 
Plea Agreement at 1-2 (M.D.Pa. filed December 8, 2003) (``Weaver 
Plea Agreement''); United States v. Weaver, Judgment (M.D.Pa. filed 
on March 1, 2005 and entered on March 4, 2005) (``Weaver 
Judgment'').
    \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).
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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\
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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\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 
CFR 54.521(e)(4).
    \7\ Second Report and Order, 18 FCC Red at 9226, ] 70.
    \8\ 47 CFR 54.521(f).
    \9\ 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

    Commission rules establish 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\ On March 1, 2005, you were convicted based on a 
December 8, 2003 plea of guilty to participating in a conspiracy 
with Ronald R. Morrett, Jr. (``Morrett'') of EMO Communications, 
Inc. (``EMO'').\11\ You admitted to the following acts: (1) 
Receiving $1.9 million in kickback payments from Morrett while you 
were responsible for certifying Morrett and EMO had performed work 
specified in a contract that is 80% funded by the federal E-rate 
program; and (2) concealing those payments by causing some of the 
payments to be funneled through various bank accounts belonging to 
third parties.\12\ These actions constitute the

[[Page 40354]]

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.
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    \10\ Second Report and Order, 18 FCC Rcd at 9225, ] 66.
    \11\ Weaver Judgment at 1; Weaver Plea Agreement at 1-2.
    \12\ Weaver Information 2-3, 6-7; Weaver Plea Agreement at 1-2.
    \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 its 
decision in the Federal Register.\18\
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    \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\
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    \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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    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 your 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) 418-1420 or by e-mail at diana.lee@fcc.gov. If 
Ms. Lee is unavailable, you may contact Hillary DeNigro by telephone 
at (202) 418-1420 and by e-mail at hillary.denigro@fcc.gov.
    Sincerely yours,

William H. Davenport,
Chief,
Investigations and Hearings Division, Enforcement Bureau.

    cc: Gerald Lord, Miller, Poole & Lord, LLP, Kristy Carroll, USAC 
(E-mail), Marty Carlson, United States Attorney, Middle District of 
Pennsylvania (E-mail).

[FR Doc. 05-13748 Filed 7-12-05; 8:45 am]
BILLING CODE 6712-01-P
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