Notice of Debarment; Schools and Libraries Universal Service Support Mechanism, 14527-14529 [E6-4138]

Download as PDF Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Notices that BOCs provide the information specified. The criteria will serve to ease the petition process on BOCs by providing guidelines that will serve to narrow the scope of their petitions to the issues and facts that the Commission is primarily concerned with. In addition, the request will also expedite the petition review process by ensuring that petitioners will provide all the information the Commission needs to properly review the petitions. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 06–2772 Filed 3–21–06; 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 cprice-sewell on PROD1PC70 with NOTICES March 13, 2006. 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 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. Persons wishing to comment on this information collection should submit comments May 22, 2006. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by DATES: VerDate Aug<31>2005 14:47 Mar 21, 2006 Jkt 208001 this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit your Paperwork Reduction Act (PRA) comments by e-mail or U.S. postal mail. To submit your comments by e-mail send them to: PRA@fcc.gov. To submit your comments by U.S. mail, mark it to the attention of Leslie F. Smith, Federal Communications Commission, 445 12th Street, SW., Room 1–A804, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s) send an e-mail to PRA@fcc.gov or contact Leslie F. Smith at (202) 418–0217. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0737. Title: Disclosure Requirements for Information Services Provided under a Pre-subscription or Comparable Arrangement. Form Number: N/A. Type of Review: Extension of a currently approved collection. Respondents: Business and other forprofit entities. Number of Respondents: 1,000. Estimated Time per Response: 5 hours. Frequency of Response: On occasion reporting requirements; Third party disclosure. Total Annual Burden: 5,000 hours. Total Annual Costs: None. Privacy Impact Assessment: No impact(s). Needs and Uses: 47 CFR 64.1501(b) imposes disclosure requirements on information providers that offer ‘‘presubscribed’’ information services. The requirements are intended to ensure that consumers receive information regarding the terms and conditions associated with these services before they enter into a contract to subscribe to them. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6–4140 Filed 3–21–06; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [DA 06–489] Notice of Debarment; Schools and Libraries Universal Service Support Mechanism Federal Communications Commission. ACTION: Notice. AGENCY: SUMMARY: The Federal Communications Commission (‘‘FCC’’ or ‘‘Commission’’) PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 14527 has received notice of the conviction of Premio, Inc., f/k/a Premio Computers, Inc. (‘‘Premio’’) for conspiracy to suppress and eliminate competition in violation of the Sherman Antitrust Act, 15 U.S.C. 1, and for mail fraud and aiding and abetting in violation of 18 U.S.C. 1341 and 2. Consequently, pursuant to 47 CFR 54.521, this letter constitutes official notice of Premio’s suspension from the schools and libraries universal service support mechanism (‘‘E-rate program’’). In addition, the Enforcement Bureau (‘‘Bureau’’) hereby notifies Premio that we are commencing debarment proceedings against it. DATES: Within 90 days of receipt of any opposition to Premio’s suspension and proposed debarment, the Bureau, in the absence of extraordinary circumstances, will provide Premio with notice of its decision to debar. If the Bureau decides to debar Premio, its decision will become effective upon the earlier of Premio’s receipt of a debarment notice or publication of the decision in the Federal Register. March 22, 2006, Premio’s request must be received within 30 days after it receives this letter or after notice is published in the Federal Register, whichever comes first. 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. If Ms. Lee is unavailable, you may contact Eric Bash by phone at (202) 418–1188 or e-mail at eric.bash@fcc.gov. SUPPLEMENTARY INFORMATION: These actions constitute the conduct or transactions upon which this debarment proceeding is based. Moreover, Premio’s 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. Therefore, pursuant to § 54.521(a)(4) of the Commission’s rules, Premio’s conviction requires the Bureau to commence debarment proceedings against it. The complete text of the suspension letter is available for public inspections and copying during regular business hours at the FCC Reference Information Center, Portal II, 445 12th Street, SW., Room CY–A257, Washington, DC 20554. In addition, the complete text is available on the FCC’s Web site at https://www.fcc.gov. The text may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY–B402, E:\FR\FM\22MRN1.SGM 22MRN1 14528 Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Notices 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 notice of suspension and of proposed debarment letter follows: February 28, 2006. [DA 06–489] Via Certified Mail Return Receipt Requested Mr. Tom Tsao, Vice President, Premio, Inc., 918 Radecki Court, City of Industry, CA 91748. Re: Notice of Suspension and of Proposed Debarment, File No. EB–06–IH–0853 Dear Mr. Tsao: The Federal Communications Commission (‘‘FCC’’ or ‘‘Commission’’) has received notice of the conviction of Premio, Inc., f/k/a Premio Computers, Inc. (‘‘Premio’’) for conspiracy to suppress and eliminate competition in violation of the Sherman Antitrust Act, 15 U.S.C. 1, and for mail fraud and aiding and abetting in violation of 18 U.S.C. 1341 and 2.1 Consequently, pursuant to 47 CFR 54.521, this letter constitutes official notice of Premio’s suspension from the schools and libraries universal service support mechanism (‘‘E-rate program’’). In addition, the Enforcement Bureau (‘‘Bureau’’) hereby notifies Premio that we are commencing debarment proceedings against it.2 cprice-sewell on PROD1PC70 with NOTICES Notice of Suspension Pursuant to section 54.521(a)(4) of the Commission’s rules,3 Premio’s conviction requires the Bureau to suspend it 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 Premio’s suspension becomes effective upon the earlier of its receipt of this letter or 1 Any further reference in this letter to ‘‘your conviction’’ refers to Premio’s February 22, 2006 guilty plea and conviction of these counts. United States v. Premio, Inc., Criminal Docket No. 3:06– CR–06–0086 MMC, Plea Agreement (N.D.Cal. filed Feb. 22, 2006) (‘‘Premio Plea Agreement’’). The Order accepting this plea agreement was signed by the Court on February 22, 2006 and entered on February 23, 2006, and the Plea Agreement was entered on February 24, 2006. 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). VerDate Aug<31>2005 14:47 Mar 21, 2006 Jkt 208001 publication of notice in the Federal Register.5 Suspension is immediate pending the Bureau’s final debarment determination. Premio may contest this suspension or the scope of this suspension by filing arguments in opposition to the suspension, with any relevant documentation. Premio’s 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 I. 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 Premio pled guilty to antitrust, mail fraud and aiding and abetting charges for activities in connection with its participation in the E-rate program with two school districts in California. In connection with the antitrust crime charged against Premio, the company admitted that it conspired with one or more vendors of equipment and services related to telecommunications, Internet access and/or internal connections to suppress and eliminate competition for E-rate projects in the West Fresno Elementary School District by allocating contracts and submitting fraudulent and non-competitive bids. More specifically, the company discussed prospective bids for the E-rate project with its co-conspirators, agreed with them who would serve as lead contractor and subcontractor on the project, and worked with consultants who awarded, or influenced the award of, contracts to the conspirators, and disqualified bids from nonconspirators.11 In connection with the mail fraud charged against Premio, the company admitted that it sought payment of more than $1 million in E-rate funding for telecommunications servers and related installation and maintenance it was purportedly going to provide to the Highland Park School District in California, when in 5 Second Report and Order, 18 FCC Rcd at 9226, ¶ 69; 47 CFR 54.521(e)(1) 6 Second Report and Order, 18 FCC Rcd at 9226, ¶ 70; 47 CFR 54.521(e)(4). 7 Second Report and Order, 18 FCC Rcd at 9226, ¶ 70. 8 47 CFR 54.521(e)(5). 9 See Second Report and Order, 18 FCC Rcd at 9226, ¶ 70; 47 CFR 54.521(e)(5), 54.521(f). 10 Second Report and Order, 18 FCC Rcd at 9225, ¶ 66. The Commission’s debarment rules define a ‘‘person’’ as ‘‘[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however, organized.’’ 47 CFR 54.521(a)(6). 11 See Premio Plea Agreement at 5. PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 fact it actually delivered ineligible video conferencing equipment.12 These actions constitute the conduct or transactions upon which this debarment proceeding is based.13 Moreover, Premio’s 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, Premio’s conviction requires the Bureau to commence debarment proceedings against it. B. Debarment Procedures Premio 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 Premio.16 Within 90 days of receipt of any opposition to Premio’s suspension and proposed debarment, the Bureau, in the absence of extraordinary circumstances, will provide Premio with notice of its decision to debar.17 If the Bureau decides to debar Premio, its decision will become effective upon the earlier of Premio’s receipt of a debarment notice or publication of the decision in the Federal Register.18 C. Effect of Debarment If and when Premio’s debarment becomes effective, it will be prohibited from participating in activities associated with or related to the schools and libraries support mechanism for some period of time.19 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. 12 See Premio Plea Agreement at 5–7. 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). 13 Second E:\FR\FM\22MRN1.SGM 22MRN1 Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Notices If Premio submits its 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 Premio has 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) 418–1188 and by e-mail at eric.bash@fcc.gov. Sincerely yours, William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau. cc: Paul J. Loh, Esq., Willenken Wilson Loh & Lieb, LLP. Michael F. Wood, Esq., United States Department of Justice, Antitrust Division. Sara Winslow, Esq., Assistant United States Attorney. Alicia Bentley, Esq., United States Department of Justice, Civil Division. Kristy Carroll, Esq., USAC. [FR Doc. E6–4138 Filed 3–21–06; 8:45 am] BILLING CODE 6712–01–P 14529 FEDERAL COMMUNICATIONS COMMISSION Sunshine Act Meeting; Open Commission Meeting Friday, March 17, 2006 March 10, 2006. The Federal Communications Commission will hold an open meeting on the subjects listed below on Friday, March 17, 2006, which is scheduled to commence at 9:30 a.m. in Room TW– C305, at 445 12th Street, SW., Washington, DC. Bureau Subject 1 Media .............................................................. 2 Wireless Telecommunications ....................... 3 cprice-sewell on PROD1PC70 with NOTICES Item No. Office of Managing Director ........................... Title: Children’s Television Obligations of Digital Television Broadcasters (MM Docket No. 00–167). Summary: The Commission will consider a Second Further Notice of Proposed Rulemaking concerning the Joint Proposal of Industry and Advocates on Reconsideration of Children’s Television Rules. Title: The Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communications Requirements Through the Year 2010 (WT Docket No. 96–86). Summary: The Commission will consider an Eighth Notice of Proposed Rulemaking seeking comment on public safety communications needs in the 700 MHz band (746–776 MHz and 794–806 MHz). Title: Establishment of the Public Safety and Homeland Security Bureau. Summary: The Commission will consider an Order creating a Public Safety and Homeland Security Bureau and amending the rules to reflect the function of this Bureau. Open captioning will be provided for this event. Other reasonable accommodations for people with disabilities are available upon request. Include a description of the accommodation you will need including as much detail as you can. Also include a way we can contact you if we need more information. Make your request as early as possible; please allow at least 5 days advance notice. Last minute requests will be accepted, but may be impossible to fill. Send an e-mail to: fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202– 418–0530 (voice), 202–418–0432 (TTY). Additional information concerning this meeting may be obtained from Audrey Spivack or David Fiske, Office of Media Relations, (202) 418–0500; TTY 1–888–835–5322. Audio/Video coverage of the meeting will be broadcast live with open captioning over the Internet from the FCC’s Audio/ Video Events Web page at https:// www.fcc.gov/realaudio. For a fee this meeting can be viewed live over George Mason University’s Capitol Connection. The Capitol Connection also will carry the meeting live via the Internet. To purchase these services call (703) 993–3100 or go to https://www.capitolconnection.gmu.edu. Copies of materials adopted at this meeting can be purchased from the VerDate Aug<31>2005 14:47 Mar 21, 2006 Jkt 208001 FCC’s duplicating contractor, Best Copy and Printing, Inc. (202) 488–5300; Fax (202) 488–5563; TTY (202) 488–5562. These copies are available in paper format and alternative media, including large print/type; digital disk; and audio and video tape. Best Copy and Printing, Inc. may be reached by e-mail at FCC@BCPIWEB.com. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 06–2826 Filed 3–20–06; 1:50 pm] BILLING CODE 6712–01–P FEDERAL MARITIME COMMISSION Notice of Agreements Filed The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on an agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the Federal Register. Copies of agreements are available through the Commission’s Office of Agreements (202–523–5793 or tradeanalysis@fmc.gov). Agreement No.: 011887–003. Title: Zim/CCNI Space Charter Agreement. PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 Parties: Zim Integrated Shipping Services, Ltd. (‘‘Zim’’) and Compania Chilena de Navegacion Interoceanica (‘‘CCNI’’). Filing Party: Wayne R. Rohde, Esq.; Sher & Blackwell; 1850 M Street, NW.; Suite 900; Washington, DC 20036. Synopsis: The amendment deletes the specific space allocation in the Jamaica/ U.S. West Coast trade and provides for CCNI to charter space from Zim on a used basis only, subject to space availability on each sailing in that trade. Agreement No.: 011898–002. Title: APS Joint Service Agreement. Parties: BBC Chartering & Logistic GmbH & Co. KG (‘‘BBC’’), Clipper Elite Carriers Ltd. (‘‘Clipper’’) and Asia Project Services Ltd. (‘‘APS’’). Filing Party: Matthew Thomas, Esq.; Troutman Sanders LLP; 401 9th Street, NW.; Suite 1000; Washington, DC 20004–2134. Synopsis: The amendment expands the geographic coverage to include the Indian Subcontinent, the Middle East, and Africa. Agreement No.: 011950. Title: HSDG/FOML Agreement. Parties: Hamburg-Sud and FESCO Ocean Management Limited. Filing Party: Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW., Suite 900; Washington, DC 20036. E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Notices]
[Pages 14527-14529]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4138]


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

FEDERAL COMMUNICATIONS COMMISSION

[DA 06-489]


Notice of Debarment; Schools and Libraries Universal Service 
Support Mechanism

AGENCY: Federal Communications Commission.

ACTION: Notice.

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

SUMMARY: The Federal Communications Commission (``FCC'' or 
``Commission'') has received notice of the conviction of Premio, Inc., 
f/k/a Premio Computers, Inc. (``Premio'') for conspiracy to suppress 
and eliminate competition in violation of the Sherman Antitrust Act, 15 
U.S.C. 1, and for mail fraud and aiding and abetting in violation of 18 
U.S.C. 1341 and 2. Consequently, pursuant to 47 CFR 54.521, this letter 
constitutes official notice of Premio's suspension from the schools and 
libraries universal service support mechanism (``E-rate program''). In 
addition, the Enforcement Bureau (``Bureau'') hereby notifies Premio 
that we are commencing debarment proceedings against it.

DATES: Within 90 days of receipt of any opposition to Premio's 
suspension and proposed debarment, the Bureau, in the absence of 
extraordinary circumstances, will provide Premio with notice of its 
decision to debar. If the Bureau decides to debar Premio, its decision 
will become effective upon the earlier of Premio's receipt of a 
debarment notice or publication of the decision in the Federal 
Register. March 22, 2006, Premio's request must be received within 30 
days after it receives this letter or after notice is published in the 
Federal Register, whichever comes first.

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. 
If Ms. Lee is unavailable, you may contact Eric Bash by phone at (202) 
418-1188 or e-mail at eric.bash@fcc.gov.

SUPPLEMENTARY INFORMATION: These actions constitute the conduct or 
transactions upon which this debarment proceeding is based. Moreover, 
Premio's 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. Therefore, pursuant to Sec.  54.521(a)(4) of the 
Commission's rules, Premio's conviction requires the Bureau to commence 
debarment proceedings against it. The complete text of the suspension 
letter is available for public inspections and copying during regular 
business hours at the FCC Reference Information Center, Portal II, 445 
12th Street, SW., Room CY-A257, Washington, DC 20554. In addition, the 
complete text is available on the FCC's Web site at https://www.fcc.gov. 
The text may also be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, 
SW., Room CY-B402,

[[Page 14528]]

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 notice of suspension and of proposed debarment letter follows:

    February 28, 2006.

    [DA 06-489]

Via Certified Mail

Return Receipt Requested

Mr. Tom Tsao, Vice President, Premio, Inc., 918 Radecki Court, City 
of Industry, CA 91748.
    Re: Notice of Suspension and of Proposed Debarment, File No. EB-
06-IH-0853
    Dear Mr. Tsao: The Federal Communications Commission (``FCC'' or 
``Commission'') has received notice of the conviction of Premio, 
Inc., f/k/a Premio Computers, Inc. (``Premio'') for conspiracy to 
suppress and eliminate competition in violation of the Sherman 
Antitrust Act, 15 U.S.C. 1, and for mail fraud and aiding and 
abetting in violation of 18 U.S.C. 1341 and 2.\1\ Consequently, 
pursuant to 47 CFR 54.521, this letter constitutes official notice 
of Premio's suspension from the schools and libraries universal 
service support mechanism (``E-rate program''). In addition, the 
Enforcement Bureau (``Bureau'') hereby notifies Premio that we are 
commencing debarment proceedings against it.\2\
---------------------------------------------------------------------------

    \1\ Any further reference in this letter to ``your conviction'' 
refers to Premio's February 22, 2006 guilty plea and conviction of 
these counts. United States v. Premio, Inc., Criminal Docket No. 
3:06-CR-06-0086 MMC, Plea Agreement (N.D.Cal. filed Feb. 22, 2006) 
(``Premio Plea Agreement''). The Order accepting this plea agreement 
was signed by the Court on February 22, 2006 and entered on February 
23, 2006, and the Plea Agreement was entered on February 24, 2006.
    \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).
---------------------------------------------------------------------------

Notice of Suspension

    Pursuant to section 54.521(a)(4) of the Commission's rules,\3\ 
Premio's conviction requires the Bureau to suspend it 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\ Premio's suspension becomes effective upon the earlier 
of its 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. Premio may contest this suspension or the scope of 
this suspension by filing arguments in opposition to the suspension, 
with any relevant documentation. Premio's 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).
---------------------------------------------------------------------------

I. 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\ Premio pled guilty to antitrust, mail fraud and aiding 
and abetting charges for activities in connection with its 
participation in the E-rate program with two school districts in 
California.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    In connection with the antitrust crime charged against Premio, 
the company admitted that it conspired with one or more vendors of 
equipment and services related to telecommunications, Internet 
access and/or internal connections to suppress and eliminate 
competition for E-rate projects in the West Fresno Elementary School 
District by allocating contracts and submitting fraudulent and non-
competitive bids. More specifically, the company discussed 
prospective bids for the E-rate project with its co-conspirators, 
agreed with them who would serve as lead contractor and 
subcontractor on the project, and worked with consultants who 
awarded, or influenced the award of, contracts to the conspirators, 
and disqualified bids from non-conspirators.\11\ In connection with 
the mail fraud charged against Premio, the company admitted that it 
sought payment of more than $1 million in E-rate funding for 
telecommunications servers and related installation and maintenance 
it was purportedly going to provide to the Highland Park School 
District in California, when in fact it actually delivered 
ineligible video conferencing equipment.\12\
---------------------------------------------------------------------------

    \11\ See Premio Plea Agreement at 5.
    \12\ See Premio Plea Agreement at 5-7.
---------------------------------------------------------------------------

    These actions constitute the conduct or transactions upon which 
this debarment proceeding is based.\13\ Moreover, Premio's 
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, Premio's conviction requires the Bureau 
to commence debarment proceedings against it.
---------------------------------------------------------------------------

    \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] Sec.  54.500 et seq.).'' 47 CFR 
54.521(a)(1).
---------------------------------------------------------------------------

B. Debarment Procedures

    Premio 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 Premio.\16\ Within 90 days of 
receipt of any opposition to Premio's suspension and proposed 
debarment, the Bureau, in the absence of extraordinary 
circumstances, will provide Premio with notice of its decision to 
debar.\17\ If the Bureau decides to debar Premio, its decision will 
become effective upon the earlier of Premio's 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 Premio's debarment becomes effective, it will be 
prohibited from participating in activities associated with or 
related to the schools and libraries support mechanism for some 
period of time.\19\
---------------------------------------------------------------------------

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

    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.

[[Page 14529]]

    If Premio submits its response via hand-delivery or non-United 
States Postal Service delivery (e.g., Federal Express, DHL, etc.), 
please send the response to Ms. Lee at the following address: 
Federal Communications Commission, 9300 East Hampton Drive, Capitol 
Heights, MD 20743.
    If Premio has 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) 418-1188 and by e-mail at eric.bash@fcc.gov.

 Sincerely yours,

William H. Davenport,

Chief, Investigations and Hearings Division, Enforcement Bureau.

cc: Paul J. Loh, Esq., Willenken Wilson Loh & Lieb, LLP.
Michael F. Wood, Esq., United States Department of Justice, 
Antitrust Division.
Sara Winslow, Esq., Assistant United States Attorney.
Alicia Bentley, Esq., United States Department of Justice, Civil 
Division.
Kristy Carroll, Esq., USAC.

 [FR Doc. E6-4138 Filed 3-21-06; 8:45 am]
BILLING CODE 6712-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.