Notice of Suspension and of Proposed Debarment Proceedings; Schools and Libraries Universal Service Support Mechanism, 57574-57576 [E7-19922]
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57574
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Notices
Competition Policy
Division, Wireline Competition Bureau,
Federal Communications Commission,
The Portals II, 445 12th Street, SW.,
Suite 5–C162, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Deborah Blue, Special Assistant to the
Designated Federal Officer (DFO) at
(202) 418–1466 or
Deborah.Blue@fcc.gov. The fax number
is: (202) 418–2345. The TTY number is:
(202) 418–0484.
SUPPLEMENTARY INFORMATION: Released
October 2, 2007.
The GSA has renewed the charter of
the North American Numbering Council
(Council) through September 27, 2009.
The Council will continue to advise the
Federal Communications Commission
(Commission) on rapidly evolving and
competitively significant numbering
issues facing the telecommunications
industry.
In October 1995, the Commission
established the North American
Numbering Council, a federal advisory
committee created pursuant to the
Federal Advisory Committee Act, 5
U.S.C., App. 2 (1988), to advise the
Commission on issues related to North
American Numbering Plan (NANP)
administration in the United States,
including local number portability
administration issues. The original
charter of the Council was effective on
October 5, 1995, establishing an initial
two-year term. Amended charters were
filed on October 5, 1997, October 5,
1999, October 5, 2001, October 5, 2003,
and September 26, 2005 each renewing
the term of the charter for an additional
two years.
Since the last charter renewal, the
Council has provided the Commission
with critically important
recommendations regarding number
administration, such as the
development and recommendation of
interim and permanent guidelines for
pseudo Automatic Number
Identification administration. In
addition, the Council developed and
recommended technical requirements
for a request for proposals associated
with a new Pooling Administrator (PA)
contract. The Council also provided
detailed evaluations of the North
American Numbering Plan
Administrator (NANPA) and the PA.
The Council will continue to evaluate
the NANPA’s and the PA’s
performances annually.
Moreover, the Council is presently
considering and formulating
recommendations on other important
numbering-related issues that will
require work beyond the term of the
present charter. The term of the
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ADDRESSES:
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Council’s renewed charter begins
September 27, 2007 and runs through
September 27, 2009.
The value of this federal advisory
committee to the telecommunications
industry and to the American public
cannot be overstated. Numbers are the
means by which consumers gain access
to, and reap the benefits of, the public
switched telephone network. The
Council’s recommendations to the
Commission will facilitate fair and
efficient number administration in the
United States, and will ensure that
numbering resources are available to all
telecommunications service providers
on a fair and equitable basis, consistent
with the requirements of the
Telecommunications Act of 1996.
Federal Communications Commission.
Marilyn Jones,
Attorney, Competition Policy Division,
Wireline Competition Bureau.
[FR Doc. E7–19939 Filed 10–9–07; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[DA 07–4036]
Notice of Suspension and of Proposed
Debarment Proceedings; Schools and
Libraries Universal Service Support
Mechanism
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: The Federal Communications
Commission (the ‘‘Commission’’) debars
Mr. Brown from the schools and
libraries universal service support
mechanism for a period of three years
because of violation of 18 U.S.C. 1341.
Therefore, the Enforcement Bureau is
commencing debarment proceedings
against him.
DATES: Debarment commences on the
date Mr. Richard E. Brown receives the
debarment letter or October 10, 2007,
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. If
Ms. Lee is unavailable, you may contact
Ms. Vickie Robinson, Assistant Chief,
Investigations and Hearings Division, by
telephone at (202) 418–1420 and by
e-mail at vickie.robinson@fcc.gov.
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The
Commission debarred Mr. Brown from
the schools and libraries universal
service support mechanism for a period
of three years pursuant to 47 CFR 521
and 47 CFR 0.111(a)(14). Attached is the
debarment letter, Notice of Suspension
and Initiation of Debarment
Proceedings, DA 07–4036, which was
mailed to Mr. Brown and released on
September 25, 2007. The complete text
of the notice of suspension and
initiation of debarment proceedings, 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:
Federal Communications Commission.
Hillary S. DeNigro,
Chief, Investigations and Hearings Division,
Enforcement Bureau.
The suspension letter follows:
September 25, 2007.
[DA 07–4036]
Via Certified Mail—Return Receipt
Requested and E-Mail.
Mr. Richard E. Brown, c/o Douglas McNabb,
Esq., McNabb Associates PC, JP Morgan
Chase Tower, 600 Travis Street, Suite 7070,
Houston, TX 77002.
Re: Notice of Suspension and Initiation of
Debarment Proceedings, File No. EB–07–
IH–5369.
Dear Mr. Brown: The Federal
Communications Commission (‘‘FCC’’ or
‘‘Commission’’) has received notice of your
conviction for mail fraud in violation of 18
U.S.C. 1341 in connection with your
participation in the schools and libraries
universal service support mechanism (‘‘ERate program’’).1 Consequently, pursuant to
47 CFR 54.521, this letter constitutes official
notice of your suspension from the 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 February 13, 2007 guilty
plea and subsequent conviction of three counts of
mail fraud. United States v. Richard E. Brown,
Criminal Docket No. 3:07–CR–29 (RNC), Plea
Agreement (D.Conn. filed Feb. 13, 2007 and entered
Feb. 14, 2007) (‘‘Brown Plea Agreement’’); United
States v. Richard E. Brown, 3:07–CR–29 (RNC),
Judgment (D.Conn. filed Sept. 6, 2007 and entered
Sept. 7, 2007) (‘‘Brown Judgment’’).
2 47 CFR 54.521; 47 CFR 0.111(a)(14) (delegating
to the Enforcement Bureau authority to resolve
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Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Notices
rwilkins on PROD1PC63 with NOTICES
I. Notice of Suspension
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.3 You pled
guilty to three counts of mail fraud for
activities in connection with your
participation in the E-Rate program involving
telecommunications upgrade projects in four
Connecticut school districts.4 While
employed at Southwestern Bell
Communications (‘‘SBC’’), the prime
contractor servicing these school districts,
you recommended subcontractors to perform
telecommunications upgrades in four
Connecticut school districts. You also
reviewed invoices submitted by the
subcontractors to SBC for payment that SBC
then submitted to the Universal Service
Administrative Company (‘‘USAC’’) for
reimbursement from the E-Rate fund.5 You
admitted to participating in schemes to
defraud the E-Rate program where fictitious
bills for upgrades that were never performed
were submitted to USAC for reimbursement
from the E-Rate fund.6 In another fraudulent
scheme in which you admitted to being a
participant, engineering services for upgrade
projects were billed at inflated rates and the
associated invoices were also submitted to
USAC for E-Rate reimbursement.7 In sum,
these schemes generated approximately
$1,564,768 in fictitious expenses and
approximately $956,203 of these expenses
ultimately were submitted to the USAC for
reimbursement from E-Rate fund.8
Pursuant to section 54.521(a)(4) of the
Commission’s rules,9 your conviction
requires the Bureau to suspend you from
participating in any activities associated with
or related to the schools and libraries fund
universal service suspension and debarment
proceedings pursuant to 47 CFR 54.521).
3 See Schools and Libraries Universal Service
Support Mechanism, Second Report and Order and
Further Notice of Proposed Rulemaking, 18 FCC
Rcd 9202, 9225, ¶ 66 (2003) (‘‘Second Report and
Order’’). 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).
4 See generally United States v. Richard E. Brown,
Criminal Docket No. 3:07–CR–29 (RNC),
Information (D.Conn. filed and entered Jul. 28,
2006) (‘‘Information’’); Brown Plea Agreement at 1;
Brown Judgment at 1.
5 See Information at 2–3.
6 See Information at 1–8.
7 See Information at 8–10.
8 See Information at 3, 5, 8; https://www.usdoj.gov/
usao/ct/Press2007/20070829–3.html (Department of
Justice Press Release dated August 29, 2007) (last
accessed September 12, 2007) (‘‘DOJ August 29
Press Release’’). See also Letter from Hillary S.
DeNigro, Chief, Investigations and Hearings
Division, Enforcement Bureau, Federal
Communications Commission, to Scott A.
Federowicz, c/o Paul H.D. Stoughton, Conway &
Stoughton, LLP, Notice of Suspension and Initiation
of Debarment Proceedings, File No. EB–07–IH–
5171, (rel. June 27, 2007) (‘‘Federowicz Suspension
Letter’’); 72 FR 39425 (Jul. 18, 2007).
9 47 CFR 54.521(a)(4). See Second Report and
Order, 18 FCC Rcd at 9225–9227, ¶¶ 67–74 (2003).
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17:08 Oct 09, 2007
Jkt 214001
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.10 Your
suspension becomes effective upon the
earlier of your receipt of this letter or
publication of notice in the Federal
Register.11
Suspension is immediate pending the
Bureau’s final debarment determination. In
accordance with the Commission’s
debarment rules, 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.12
Such requests, however, will not ordinarily
be granted.13 The Bureau may reverse or
limit the scope of suspension only upon a
finding of extraordinary circumstances.14
Absent extraordinary circumstances, the
Bureau will decide any request for reversal
or modification of suspension within 90 days
of its receipt of such request.15
II. Initiation of Debarment Proceedings
Your guilty plea to criminal conduct in
connection with the E-Rate program, in
addition to serving as a basis for immediate
suspension from the program, also serves as
a basis for the initiation of debarment
proceedings against you. Your conviction
falls within the categories of causes for
debarment defined in section 54.521(c) of the
Commission’s rules.16 Therefore, pursuant to
section 54.521(a)(4) of the Commission’s
rules, your conviction requires the Bureau to
commence debarment proceedings against
you.
As with your suspension, 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
10 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).
11 Second Report and Order, 18 FCC Rcd at 9226,
¶ 69; 47 CFR 54.521(e)(1).
12 Second Report and Order, 18 FCC Rcd at 9226,
¶ 70; 47 CFR 54.521(e)(4).
13 Second Report and Order, 18 FCC Rcd at 9226,
¶ 70.
14 47 CFR 54.521(e)(5).
15 See Second Report and Order, 18 FCC Rcd at
9226, ¶ 70; 47 CFR 54.521(e)(5), 54.521(f).
16 ‘‘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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57575
or of publication in the Federal Register.17
Absent extraordinary circumstances, the
Bureau will debar you.18 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.19 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.20
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 three years from the date of
debarment.21 The Bureau may, if necessary to
protect the public interest, extend the
debarment period.22
Please direct any response, if by messenger
or hand delivery, to Marlene H. Dortch,
Secretary, Federal Communications
Commission, 236 Massachusetts Avenue,
NE., Suite 110, Washington, DC 20002, to the
attention of Diana Lee, Attorney Advisor,
Investigations and Hearings Division,
Enforcement Bureau, Room 4–C330, with a
copy to Vickie Robinson, Assistant Chief,
Investigations and Hearings Division,
Enforcement Bureau, Room 4–C330, Federal
Communications Commission. If sent by
commercial overnight mail (other than U.S.
Postal Service Express Mail and Priority
Mail), the response should be sent to the
Federal Communications Commission, 9300
East Hampton Drive, Capitol Heights,
Maryland 20743. If sent by first-class,
Express, or Priority mail, the response should
be sent to Diana Lee, Attorney Advisor,
Investigations and Hearings Division,
Enforcement Bureau, Federal
Communications Commission, 445 12th
Street, SW., Room 4–C330, Washington, DC
20554, with a copy to Vickie Robinson,
Assistant Chief, Investigations and Hearings
Division, Enforcement Bureau, Federal
Communications Commission, 445 12th
Street, SW., Room 4–C330, Washington, DC
20554. You shall also transmit a copy of the
response via e-mail to diana.lee@fcc.gov and
to vickie.robinson@fcc.gov.
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 Ms.
Vickie Robinson, Assistant Chief,
Investigations and Hearings Division, by
telephone at (202) 418–1420 and by e-mail at
vickie.robinson@fcc.gov.
Sincerely yours,
17 See Second Report and Order, 18 FCC Rcd at
9226, ¶ 70; 47 CFR 54.521(e)(2)(i), 54.521(e)(3).
18 Second Report and Order, 18 FCC Rcd at 9227,
¶ 74.
19 See id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR
54.521(e)(5).
20 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).
21 Second Report and Order, 18 FCC Rcd at 9225,
¶ 67; 47 CFR 54.521(d), 54.521(g).
22 Id.
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57576
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Notices
Hillary S. DeNigro,
Chief, Investigations and Hearings Division,
Enforcement Bureau.
cc: Calvin B. Kurimai, Esq., Assistant United
States Attorney.
Kristy Carroll, Esq., Universal Service
Administrative Company (via e-mail).
[FR Doc. E7–19922 Filed 10–9–07; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL RESERVE SYSTEM
rwilkins on PROD1PC63 with NOTICES
Change in Bank Control Notices;
Acquisition of Shares of Bank or Bank
Holding Companies
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire a bank or bank
holding company. The factors that are
considered in acting on the notices are
set forth in paragraph 7 of the Act (12
U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the office of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than October
24, 2007.
A. Federal Reserve Bank of Chicago
(Burl Thornton, Assistant Vice
President) 230 South LaSalle Street,
Chicago, Illinois 60690–1414:
1. James P. Stein; Mary Ann
Bramhall–Lambert; Thomas L. Lambert;
Velma M. Lambert; as a family acting in
concert; and William M. Parks,
individually and in concert with Ann F.
Parks, all of Muscatine, Iowa, to acquire
voting shares of Central Bancshares,
Inc., and thereby indirectly Central State
Bank, both of Muscatine, Iowa; Farmers
and Mechanics Bank, Galesburg,
Illinois; Freedom Security Bank,
Coralville, Iowa; and West Chester
Savings Bank, Washington, Iowa.
B. Federal Reserve Bank of Kansas
City (Todd Offenbacker, Assistant Vice
President) 925 Grand Avenue, Kansas
City, Missouri 64198–0001:
1. The Regnier Trust (Ann Regnier,
trustee), as general partner of the Robert
D. and Ann Regnier Family Limited
Partnership, Leawood, Kansas; Victor A.
Regnier, Los Angeles, California;
Catherine M. Regnier, Mission, Kansas;
Ranch Mart Hardware (Robert D.
Regnier, president); Regnier
Investments, both of Shawnee Mission,
Kansas; and Regnier Management LLC
(Robert D. Regnier, managing member),
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17:08 Oct 09, 2007
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as general partner of the Regnier Family
Limited Partnership; Regnier Family
Limited Partnership II; and the Regnier
Family Limited Partnership III, all of
Shawnee Mission, Kansas, as members
of the Regnier Family Group; to retain
voting shares of Blue Valley Ban Corp.,
and thereby indirectly retain voting
shares of Bank of Blue Valley, both in
Overland Park, Kansas.
Board of Governors of the Federal Reserve
System, October 4, 2007.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E7–19919 Filed 10–9–07; 8:45 am]
BILLING CODE 6210–01–S
FEDERAL RESERVE SYSTEM
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR Part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The application also will be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Additional information on all bank
holding companies may be obtained
from the National Information Center
website at www.ffiec.gov/nic/.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than November 5,
2007.
A. Federal Reserve Bank of Chicago
(Burl Thornton, Assistant Vice
President) 230 South LaSalle Street,
Chicago, Illinois 60690–1414:
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Fmt 4703
Sfmt 4703
1. Greenfield Bancorporation, Ltd., to
become a bank holding company by
acquiring 100 percent of the voting
shares of Union State Bank, both of
Greenfield, Iowa.
B. Federal Reserve Bank of
Minneapolis (Jacqueline G. King,
Community Affairs Officer) 90
Hennepin Avenue, Minneapolis,
Minnesota 55480–0291:
1. Dairyland Bancorp Inc., Bruce,
Wisconsin; to merge with Gilman
Corporation, and thereby indirectly
acquire State Bank of Gilman, both of
Gilman, Wisconsin.
Board of Governors of the Federal Reserve
System, October 4, 2007.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E7–19920 Filed 10–9–07; 8:45 am]
BILLING CODE 6210–01–S
FEDERAL RESERVE SYSTEM
Notice of Proposals to Engage in
Permissible Nonbanking Activities or
to Acquire Companies that are
Engaged in Permissible Nonbanking
Activities
The companies listed in this notice
have given notice under section 4 of the
Bank Holding Company Act (12 U.S.C.
1843) (BHC Act) and Regulation Y (12
CFR Part 225) to engage de novo, or to
acquire or control voting securities or
assets of a company, including the
companies listed below, that engages
either directly or through a subsidiary or
other company, in a nonbanking activity
that is listed in § 225.28 of Regulation Y
(12 CFR 225.28) or that the Board has
determined by Order to be closely
related to banking and permissible for
bank holding companies. Unless
otherwise noted, these activities will be
conducted throughout the United States.
Each notice is available for inspection
at the Federal Reserve Bank indicated.
The notice also will be available for
inspection at the offices of the Board of
Governors. Interested persons may
express their views in writing on the
question whether the proposal complies
with the standards of section 4 of the
BHC Act. Additional information on all
bank holding companies may be
obtained from the National Information
Center website at www.ffiec.gov/nic/.
Unless otherwise noted, comments
regarding the applications must be
received at the Reserve Bank indicated
or the offices of the Board of Governors
not later than October 24, 2007.
A. Federal Reserve Bank of New
York (Anne MacEwen, Bank
Applications Officer) 33 Liberty Street,
New York, New York 10045–0001:
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Agencies
[Federal Register Volume 72, Number 195 (Wednesday, October 10, 2007)]
[Notices]
[Pages 57574-57576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19922]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[DA 07-4036]
Notice of Suspension and of Proposed Debarment Proceedings;
Schools and Libraries Universal Service Support Mechanism
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (the ``Commission'')
debars Mr. Brown from the schools and libraries universal service
support mechanism for a period of three years because of violation of
18 U.S.C. 1341. Therefore, the Enforcement Bureau is commencing
debarment proceedings against him.
DATES: Debarment commences on the date Mr. Richard E. Brown receives
the debarment letter or October 10, 2007, 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.
If Ms. Lee is unavailable, you may contact Ms. Vickie Robinson,
Assistant Chief, Investigations and Hearings Division, by telephone at
(202) 418-1420 and by e-mail at vickie.robinson@fcc.gov.
SUPPLEMENTARY INFORMATION: The Commission debarred Mr. Brown from the
schools and libraries universal service support mechanism for a period
of three years pursuant to 47 CFR 521 and 47 CFR 0.111(a)(14). Attached
is the debarment letter, Notice of Suspension and Initiation of
Debarment Proceedings, DA 07-4036, which was mailed to Mr. Brown and
released on September 25, 2007. The complete text of the notice of
suspension and initiation of debarment proceedings, 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.
Federal Communications Commission.
Hillary S. DeNigro,
Chief, Investigations and Hearings Division, Enforcement Bureau.
The suspension letter follows:
September 25, 2007.
[DA 07-4036]
Via Certified Mail--Return Receipt Requested and E-Mail.
Mr. Richard E. Brown, c/o Douglas McNabb, Esq., McNabb Associates
PC, JP Morgan Chase Tower, 600 Travis Street, Suite 7070, Houston,
TX 77002.
Re: Notice of Suspension and Initiation of Debarment Proceedings,
File No. EB-07-IH-5369.
Dear Mr. Brown: The Federal Communications Commission (``FCC'' or
``Commission'') has received notice of your conviction for mail
fraud in violation of 18 U.S.C. 1341 in connection with your
participation in the schools and libraries universal service support
mechanism (``E-Rate program'').\1\ Consequently, pursuant to 47 CFR
54.521, this letter constitutes official notice of your suspension
from the 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 February 13, 2007 guilty plea and subsequent
conviction of three counts of mail fraud. United States v. Richard
E. Brown, Criminal Docket No. 3:07-CR-29 (RNC), Plea Agreement
(D.Conn. filed Feb. 13, 2007 and entered Feb. 14, 2007) (``Brown
Plea Agreement''); United States v. Richard E. Brown, 3:07-CR-29
(RNC), Judgment (D.Conn. filed Sept. 6, 2007 and entered Sept. 7,
2007) (``Brown 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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[[Page 57575]]
I. Notice of Suspension
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.\3\ You pled guilty to three counts of mail fraud for
activities in connection with your participation in the E-Rate
program involving telecommunications upgrade projects in four
Connecticut school districts.\4\ While employed at Southwestern Bell
Communications (``SBC''), the prime contractor servicing these
school districts, you recommended subcontractors to perform
telecommunications upgrades in four Connecticut school districts.
You also reviewed invoices submitted by the subcontractors to SBC
for payment that SBC then submitted to the Universal Service
Administrative Company (``USAC'') for reimbursement from the E-Rate
fund.\5\ You admitted to participating in schemes to defraud the E-
Rate program where fictitious bills for upgrades that were never
performed were submitted to USAC for reimbursement from the E-Rate
fund.\6\ In another fraudulent scheme in which you admitted to being
a participant, engineering services for upgrade projects were billed
at inflated rates and the associated invoices were also submitted to
USAC for E-Rate reimbursement.\7\ In sum, these schemes generated
approximately $1,564,768 in fictitious expenses and approximately
$956,203 of these expenses ultimately were submitted to the USAC for
reimbursement from E-Rate fund.\8\
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\3\ See Schools and Libraries Universal Service Support
Mechanism, Second Report and Order and Further Notice of Proposed
Rulemaking, 18 FCC Rcd 9202, 9225, ] 66 (2003) (``Second Report and
Order''). 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).
\4\ See generally United States v. Richard E. Brown, Criminal
Docket No. 3:07-CR-29 (RNC), Information (D.Conn. filed and entered
Jul. 28, 2006) (``Information''); Brown Plea Agreement at 1; Brown
Judgment at 1.
\5\ See Information at 2-3.
\6\ See Information at 1-8.
\7\ See Information at 8-10.
\8\ See Information at 3, 5, 8; https://www.usdoj.gov/usao/ct/
Press2007/20070829-3.html (Department of Justice Press Release dated
August 29, 2007) (last accessed September 12, 2007) (``DOJ August 29
Press Release''). See also Letter from Hillary S. DeNigro, Chief,
Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, to Scott A. Federowicz, c/o Paul H.D.
Stoughton, Conway & Stoughton, LLP, Notice of Suspension and
Initiation of Debarment Proceedings, File No. EB-07-IH-5171, (rel.
June 27, 2007) (``Federowicz Suspension Letter''); 72 FR 39425 (Jul.
18, 2007).
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Pursuant to section 54.521(a)(4) of the Commission's rules,\9\
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.\10\ Your suspension becomes effective upon the earlier of
your receipt of this letter or publication of notice in the Federal
Register.\11\
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\9\ 47 CFR 54.521(a)(4). See Second Report and Order, 18 FCC Rcd
at 9225-9227, ]] 67-74 (2003).
\10\ 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).
\11\ 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. In accordance with the Commission's debarment rules,
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.\12\ Such requests, however, will
not ordinarily be granted.\13\ The Bureau may reverse or limit the
scope of suspension only upon a finding of extraordinary
circumstances.\14\ Absent extraordinary circumstances, the Bureau
will decide any request for reversal or modification of suspension
within 90 days of its receipt of such request.\15\
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\12\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR
54.521(e)(4).
\13\ Second Report and Order, 18 FCC Rcd at 9226, ] 70.
\14\ 47 CFR 54.521(e)(5).
\15\ 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. Initiation of Debarment Proceedings
Your guilty plea to criminal conduct in connection with the E-
Rate program, in addition to serving as a basis for immediate
suspension from the program, also serves as a basis for the
initiation of debarment proceedings against you. Your conviction
falls within the categories of causes for debarment defined in
section 54.521(c) of the Commission's rules.\16\ 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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\16\ ``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).
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As with your suspension, 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.\17\ Absent
extraordinary circumstances, the Bureau will debar you.\18\ 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.\19\ 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.\20\
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\17\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47
CFR 54.521(e)(2)(i), 54.521(e)(3).
\18\ Second Report and Order, 18 FCC Rcd at 9227, ] 74.
\19\ See id., 18 FCC Rcd at 9226, ] 70; 47 CFR 54.521(e)(5).
\20\ 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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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 three
years from the date of debarment.\21\ The Bureau may, if necessary
to protect the public interest, extend the debarment period.\22\
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\21\ Second Report and Order, 18 FCC Rcd at 9225, ] 67; 47 CFR
54.521(d), 54.521(g).
\22\ Id.
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Please direct any response, if by messenger or hand delivery, to
Marlene H. Dortch, Secretary, Federal Communications Commission, 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002, to the
attention of Diana Lee, Attorney Advisor, Investigations and
Hearings Division, Enforcement Bureau, Room 4-C330, with a copy to
Vickie Robinson, Assistant Chief, Investigations and Hearings
Division, Enforcement Bureau, Room 4-C330, Federal Communications
Commission. If sent by commercial overnight mail (other than U.S.
Postal Service Express Mail and Priority Mail), the response should
be sent to the Federal Communications Commission, 9300 East Hampton
Drive, Capitol Heights, Maryland 20743. If sent by first-class,
Express, or Priority mail, the response should be sent to Diana Lee,
Attorney Advisor, Investigations and Hearings Division, Enforcement
Bureau, Federal Communications Commission, 445 12th Street, SW.,
Room 4-C330, Washington, DC 20554, with a copy to Vickie Robinson,
Assistant Chief, Investigations and Hearings Division, Enforcement
Bureau, Federal Communications Commission, 445 12th Street, SW.,
Room 4-C330, Washington, DC 20554. You shall also transmit a copy of
the response via e-mail to diana.lee@fcc.gov and to
vickie.robinson@fcc.gov.
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 Ms. Vickie Robinson,
Assistant Chief, Investigations and Hearings Division, by telephone
at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov.
Sincerely yours,
[[Page 57576]]
Hillary S. DeNigro,
Chief, Investigations and Hearings Division, Enforcement Bureau.
cc: Calvin B. Kurimai, Esq., Assistant United States Attorney.
Kristy Carroll, Esq., Universal Service Administrative Company (via
e-mail).
[FR Doc. E7-19922 Filed 10-9-07; 8:45 am]
BILLING CODE 6712-01-P