Notice of Debarment; Schools and Libraries Universal Service Support Mechanism, 8694-8696 [E8-2812]
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8694
Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Notices
debar.17 If the Bureau decides to debar you,
its decision will become effective upon the
earlier of your receipt of a debarment notice
or publication of the decision in the Federal
Register.18
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.19 The Bureau may, if necessary to
protect the public interest, extend the
debarment period.20
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 email 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,
Hillary S. DeNigro
Chief, Investigations and Hearings Division
Enforcement Bureau.
cc: Kristy Carroll, Esq., Universal Service
Administrative Company (via e-mail)
Aaron M. Danzig, Esq., Assistant United
States Attorney.
[FR Doc. E8–2800 Filed 2–13–08; 8:45 am]
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BILLING CODE 6712–01–P
17 See id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR
54.521(e)(5).
18 Id. The Commission may reverse a debarment,
or may limit the scope or period of debarment upon
a finding of extraordinary circumstances, following
the filing of a petition by you or an interested party
or upon motion by the Commission. 47 CFR
54.521(f).
19 Second Report and Order, 18 FCC Rcd at 9225,
¶ 67; 47 CFR 54.521(d), 54.521(g).
20 Id.
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16:49 Feb 13, 2008
Jkt 214001
FEDERAL COMMUNICATIONS
COMMISSION
[DA 08–50]
Federal Communications Commission.
Trent B. Harkrader,
Deputy Chief, Investigations and Hearings
Division, Enforcement Bureau.
Notice of Debarment; Schools and
Libraries Universal Service Support
Mechanism
The debarment letter, which attached
the suspension letter, follows:
Federal Communications
Commission.
ACTION: Notice.
DA 08–50
AGENCY:
SUMMARY: The Enforcement Bureau (the
‘‘Bureau’’) debars Mr. Arthur R. Scott
from the schools and libraries universal
service support mechanism (or ‘‘E-Rate
Program’’) for a period of three years
based on his conviction of conspiracy to
defraud the United States and bribery in
connection with his participation in the
program. The Bureau takes this action to
protect the E-Rate Program from waste,
fraud and abuse.
DATES: Debarment commences on the
date Mr. Arthur R. Scott receives the
debarment letter or February 14, 2008,
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
Bureau debarred Mr. Arthur R. Scott
from the schools and libraries universal
service support mechanism for a period
of three years pursuant to 47 CFR 54.521
and 47 CFR 0.111(a)(14). Attached is the
debarment letter, DA 08–50, which was
mailed to Mrs./Mr. Arthur R. Scott and
released on January 9, 2008. The
complete text of the notice of debarment
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 inspection and copying
during regular business hours at the
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.
PO 00000
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January 9, 2008
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED AND
FACSIMILE (404–872–1622)
Mr. Arthur R. Scott,
c/o Seth D. Kirschenbaum, Esq.,
Davis Zipperman Kirschenbaum & Lotito,
918 Ponce de Leon Avenue, NE.,
Atlanta, GA 30306–4212,
E-Mail: skirschenbaum@dzkl.com.
Re: Notice of Debarment, File No. EB–07–IH–
7304
Dear Mr. Scott:
Pursuant to section 54.521 of the rules of
the Federal Communications Commission
(the ‘‘Commission’’), by this Notice of
Debarment you are debarred from the schools
and libraries universal service support
mechanism (or ‘‘E-Rate program’’) for a
period of three years.1
On October 18, 2007, the Enforcement
Bureau (the ‘‘Bureau’’) sent you a Notice of
Suspension and Initiation of Debarment
Proceedings (the ‘‘Notice of Suspension’’).2
That Notice of Suspension was published in
the Federal Register on November 6, 2007.3
The Notice of Suspension suspended you
from the schools and libraries universal
service support mechanism and described
the basis for initiation of debarment
proceedings against you, 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,
you pled guilty to and were convicted of
conspiracy to defraud the United States and
bribery, in violation of 18 U.S.C. 371 and
666(a)(1)(B), for activities in connection with
your participation in the E-Rate program
involving the Atlanta Public Schools
(‘‘APS’’).6 You conspired with others,
1 See
47 CFR 0.111(a)(14), 54.521.
from Hillary S. DeNigro, Chief,
Investigations and Hearings Division, Enforcement
Bureau, Federal Communications Commission, to
Mr. Arthur R. Scott, Notice of Suspension and
Initiation of Debarment Proceedings, 22 FCC Rcd
18617 (Inv. & Hearings Div., Enf. Bur. 2007)
(Attachment 1).
3 72 FR 62647 (November 6, 2007).
4 See Notice of Suspension, 22 FCC Rcd at 18618–
19.
5 See 47 CFR 54.521(e)(3) and (4). That date
occurred no later than December 6, 2007. See supra
note 3.
6 See Notice of Suspension, 22 FCC Rcd at 18618.
2 Letter
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Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Notices
including your wife Evelyn Myers Scott, to
enter into an E-Rate contract on behalf of
APS in return for personal payoffs.7 In
addition, you admitted to taking bribes
intending to be influenced and rewarded in
connection with the APS E-Rate project.8
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.9
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.10
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.’’ 11
Sincerely,
Hillary S. DeNigro,
Chief, Investigations and Hearings Division,
Enforcement Bureau.
cc: Aaron M. Danzig, Esq., Assistant United
States Attorney.
Kristy Carroll, Esq., Universal Service
Administrative Company (via e-mail).
October 18, 2007
DA 07–4336
VIA CERTIFIED MAIL
rwilkins on PROD1PC63 with NOTICES
RETURN RECEIPT REQUESTED AND
FACSIMILE (404–872–1622)
Mr. Arthur R. Scott,
c/o Seth D. Kirschenbaum, Esq.,
Davis Zipperman Kirschenbaum & Lotito,
918 Ponce de Leon Avenue, NE.,
Atlanta, GA 30306–4212,
E-Mail: skirschenbaum@dzkl.com.
Re: Notice of Suspension and Initiation of
Debarment Proceedings, File No. EB–07–
IH–7304
Dear Mr. Scott:
The Federal Communications Commission
(‘‘FCC’’ or ‘‘Commission’’) has received
notice of your conviction for conspiracy to
defraud the United States and bribery in
violation of 18 U.S.C. 371 and 666(a)(1)(B) in
connection with your participation in the
schools and libraries universal service
support mechanism (‘‘E-Rate program’’).1
7 See id. The Bureau also debars Mrs. Evelyn
Myers Scott from the E-Rate program. See Letter
from Hillary S. DeNigro, Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal
Communications Commission, to Mrs. Evelyn
Myers Scott, Notice of Debarment, DA 08–49 (Inv.
& Hearings Div., Enf. Bur. rel. Jan. 9, 2008).
8 See id.
9 Id. at 18618; 47 CFR 54.521(c).
10 See Notice of Suspension, 22 FCC Rcd at
18619.
11 See 47 CFR 54.521(a)(1), 54.521(a)(5),
54.521(d); Notice of Suspension, 22 FCC Rcd at
18619.
1 Any further reference in this letter to ‘‘your
conviction’’ refers to your May 2, 2007 guilty plea
and subsequent conviction of one count of
conspiracy to defraud the United States and one
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16:49 Feb 13, 2008
Jkt 214001
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
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 conspiracy to defraud the United
States and bribery for activities in connection
with your participation in the E-Rate
program.4 You admitted that while employed
as Director of Operational Technology of the
Atlanta Public Schools (‘‘APS’’), you
conspired with others, including your wife
Evelyn Myers Scott (‘‘Myers Scott’’), to enter
into an E-Rate contract on behalf of APS in
return for payments to the consulting firm
owned by you and Myers Scott from the
vendor.5 In addition, you admitted that you,
as agent of APS, corruptly solicited,
demanded, accepted and agreed to accept
$37,917 in order to be influenced and
rewarded in connection with APS’s
participation in the E-Rate program. The loss
and the restitution that you owed to the ERate program resulting from the criminal
offenses was $300,176.10.6
Pursuant to section 54.521(a)(4) of the
Commission’s rules,7 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
count of bribery. United States v. Arthur R. Scott,
Criminal Docket No. 1:07–CR–139–CC–01, Plea
Agreement (N.D.Ga. filed May 2, 2007 and entered
May 7, 2007) (‘‘Scott Plea Agreement’’); United
States v. Arthur R. Scott, 1:07–CR–139–CC–01,
Judgment (N.D.Ga. filed and entered Oct. 2, 2007)
(‘‘Scott 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 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. Arthur R. Scott
and Evelyn Myers Scott a/k/a Evelyn M. Myers,
Criminal Docket No. 1:07–CR–139, Information
(N.D.Ga.. filed Apr. 30, 2007 and entered May 3,
2007) (‘‘ Scott and Myers Scott Information’’); Scott
Plea Agreement at 1.
5 Scott and Myers Scott Information at 1–9. See
also Letter from Hillary S. DeNigro, Chief,
Investigations and Hearings Division, Enforcement
Bureau, to Evelyn M. Scott, DA 07–4335, dated
October 18, 2007.
6 See Scott Judgment at 5; see also Scott Plea
Agreement at 4.
7 47 CFR 54.521(a)(4). See Second Report and
Order, 18 FCC Rcd at 9225–9227, ¶¶ 67–74 (2003).
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8695
with, assisting, or advising applicants or
service providers regarding the schools and
libraries support mechanism.8 Your
suspension becomes effective upon the
earlier of your receipt of this letter or
publication of notice in the Federal
Register.9
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.10
Such requests, however, will not ordinarily
be granted.11 The Bureau may reverse or
limit the scope of suspension only upon a
finding of extraordinary circumstances.12
Absent extraordinary circumstances, the
Bureau will decide any request for reversal
or modification of suspension within 90 days
of its receipt of such request.13
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.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.
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.15
8 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).
9 Second Report and Order, 18 FCC Rcd at 9226,
¶ 69; 47 CFR 54.521(e)(1).
10 Second Report and Order, 18 FCC Rcd at 9226,
¶ 70; 47 CFR 54.521(e)(4).
11 Second Report and Order, 18 FCC Rcd at 9226,
¶ 70.
12 47 CFR 54.521(e)(5).
13 See Second Report and Order, 18 FCC Rcd at
9226, ¶ 70; 47 CFR 54.521(e)(5), 54.521(f).
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).
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8696
Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Notices
rwilkins on PROD1PC63 with NOTICES
Absent extraordinary circumstances, the
Bureau will debar you.16 Within 90 days of
receipt of any opposition to your suspension
and proposed debarment, the Bureau, in the
absence of extraordinary circumstances, will
provide you with notice of its decision to
debar.17 If the Bureau decides to debar you,
its decision will become effective upon the
earlier of your receipt of a debarment notice
or publication of the decision in the Federal
Register.18
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.19 The Bureau may, if necessary to
protect the public interest, extend the
debarment period.20
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,
Hillary S. DeNigro,
Chief, Investigations and Hearings Division,
Enforcement Bureau.
cc: Kristy Carroll, Esq., Universal Service
Administrative Company (via e-mail), Aaron
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 54.521(f).
19 Second Report and Order, 18 FCC Rcd at 9225,
¶ 67; 47 CFR 54.521(d), 54.521(g).
20 Id.
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M. Danzig, Esq., Assistant United States
Attorney.
[FR Doc. E8–2812 Filed 2–13–08; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL ELECTION COMMISSION
Sunshine Act Notices
DATE & TIME: Wednesday, February 20,
2008 at 10 a.m.
PLACE: 999 E Street, NW., Washington,
DC.
STATUS: This meeting will be closed to
the public.
ITEMS TO BE DISCUSSED: Compliance
matters pursuant to 2 U.S.C. 437g.
Audits conducted pursuant to 2 U.S.C.
437g, Section 438(b), and Title 26,
U.S.C. Matters concerning participation
in civil actions or proceedings or
arbitration. Internal personnel rules and
procedures or matters affecting a
particular employee.
*
*
*
*
*
PREVIOUSLY SCHEDULED OPEN MEETING:
Thursday, February 21, 2008. This
meeting has been cancelled.
PERSON TO CONTACT FOR INFORMATION:
Mr. Robert Biersack, Press Officer,
Telephone: (202) 694–1220.
Mary W. Dove,
Secretary of the Commission.
[FR Doc. 08–736 Filed 2–12–08; 8:45 am]
BILLING CODE 6715–01–M
FEDERAL ELECTION COMMISSION
[Notice 2008–4]
Price Index Increases for Expenditure
Limitations
Federal Election Commission.
Notice of expenditure limitation
increases.
AGENCY:
ACTION:
SUMMARY: As mandated by provisions of
the Bipartisan Campaign Reform Act of
2002 (‘‘BCRA’’), the Federal Election
Commission (‘‘FEC’’ or ‘‘the
Commission’’) is adjusting certain
expenditure limitations set forth in the
Federal Election Campaign Act of 1971,
as amended (‘‘FECA’’ or ‘‘the Act’’), to
account for increases in the consumer
price index. Additional details appear
in the supplemental information that
follows.
EFFECTIVE DATE:
January 1, 2008.
Mr.
Kevin R. Salley, Information Division,
999 E Street, NW., Washington, DC
20463; (202) 694–1100 or (800) 424–
9530.
FOR FURTHER INFORMATION CONTACT:
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Under the
Federal Election Campaign Act of 1971,
2 U.S.C. 431 et seq., as amended by the
Bipartisan Campaign Reform Act of
2002 1, coordinated party expenditure
limits (2 U.S.C. 441a(d)(2), (3)(A) and
(B)) are adjusted annually by the
increase in the consumer price index.
See 2 U.S.C. 441a(c)(1), 11 CFR 109.32
and 11 CFR 110.17. The Commission is
publishing this notice to announce these
limits for 2008.
SUPPLEMENTARY INFORMATION:
Coordinated Party Expenditure Limits
for 2008
Under 2 U.S.C. 441a(c), the
Commission must adjust the
expenditure limitations established by 2
U.S.C. 441a(d) (the limits on
expenditures by national party
committees, state party committees, or
their subordinate committees in
connection with the general election
campaign of candidates for Federal
office) annually to account for inflation.
This expenditure limitation is increased
by the percent difference between the
price index, as certified to the
Commission by the Secretary of Labor,
for the 12 months preceding the
beginning of the calendar year and the
price index for the base period (calendar
year 1974).
1. Expenditure Limitation for House of
Representatives in States with More
Than One Congressional District.
Both the national and state party
committees have an expenditure
limitation for each general election held
to fill a seat in the House of
Representatives in States with more
than one congressional district. This
limitation also applies to those States
that elect individuals to the office of
Delegate or Resident Commissioner.2
The formula used to calculate the
expenditure limitation in such States
multiplies the base figure of $10,000 by
the price index (4.205), rounding to the
nearest $100. See 2 U.S.C. 441a(d)(3)(B)
and 11 CFR 109.32(b). Based upon this
formula, the expenditure limitation for
2008 general elections for House
candidates in these States is $42,100.
1 Public Law No. 107–155, 116 Stat. 81 (Mar. 27,
2002).
2 Currently, these States include the District of
Columbia, the Commonwealth of Puerto Rico, and
the territories of American Samoa, Guam, and the
United States Virgin Islands. See https://
www.house.gov/house/
MemberWWW_by_State.shtml and https://
about.dc.gov/statehood.asp.
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Agencies
[Federal Register Volume 73, Number 31 (Thursday, February 14, 2008)]
[Notices]
[Pages 8694-8696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2812]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[DA 08-50]
Notice of Debarment; Schools and Libraries Universal Service
Support Mechanism
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Enforcement Bureau (the ``Bureau'') debars Mr. Arthur R.
Scott from the schools and libraries universal service support
mechanism (or ``E-Rate Program'') for a period of three years based on
his conviction of conspiracy to defraud the United States and bribery
in connection with his participation in the program. The Bureau takes
this action to protect the E-Rate Program from waste, fraud and abuse.
DATES: Debarment commences on the date Mr. Arthur R. Scott receives the
debarment letter or February 14, 2008, 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 Bureau debarred Mr. Arthur R. Scott from
the schools and libraries universal service support mechanism for a
period of three years pursuant to 47 CFR 54.521 and 47 CFR
0.111(a)(14). Attached is the debarment letter, DA 08-50, which was
mailed to Mrs./Mr. Arthur R. Scott and released on January 9, 2008. The
complete text of the notice of debarment 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 inspection and copying
during regular business hours at the 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.
Trent B. Harkrader,
Deputy Chief, Investigations and Hearings Division, Enforcement Bureau.
The debarment letter, which attached the suspension letter,
follows:
January 9, 2008
DA 08-50
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED AND FACSIMILE (404-872-1622)
Mr. Arthur R. Scott,
c/o Seth D. Kirschenbaum, Esq.,
Davis Zipperman Kirschenbaum & Lotito,
918 Ponce de Leon Avenue, NE.,
Atlanta, GA 30306-4212,
E-Mail: skirschenbaum@dzkl.com.
Re: Notice of Debarment, File No. EB-07-IH-7304
Dear Mr. Scott:
Pursuant to section 54.521 of the rules of the Federal
Communications Commission (the ``Commission''), by this Notice of
Debarment you are 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 October 18, 2007, the Enforcement Bureau (the ``Bureau'')
sent you a Notice of Suspension and Initiation of Debarment
Proceedings (the ``Notice of Suspension'').\2\ That Notice of
Suspension was published in the Federal Register on November 6,
2007.\3\ The Notice of Suspension suspended you from the schools and
libraries universal service support mechanism and described the
basis for initiation of debarment proceedings against you, the
applicable debarment procedures, and the effect of debarment.\4\
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\2\ Letter from Hillary S. DeNigro, Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications
Commission, to Mr. Arthur R. Scott, Notice of Suspension and
Initiation of Debarment Proceedings, 22 FCC Rcd 18617 (Inv. &
Hearings Div., Enf. Bur. 2007) (Attachment 1).
\3\ 72 FR 62647 (November 6, 2007).
\4\ See Notice of Suspension, 22 FCC Rcd at 18618-19.
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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 December 6, 2007. See supra note 3.
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As discussed in the Notice of Suspension, you pled guilty to and
were convicted of conspiracy to defraud the United States and
bribery, in violation of 18 U.S.C. 371 and 666(a)(1)(B), for
activities in connection with your participation in the E-Rate
program involving the Atlanta Public Schools (``APS'').\6\ You
conspired with others,
[[Page 8695]]
including your wife Evelyn Myers Scott, to enter into an E-Rate
contract on behalf of APS in return for personal payoffs.\7\ In
addition, you admitted to taking bribes intending to be influenced
and rewarded in connection with the APS E-Rate project.\8\ 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.\9\ 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.\10\ 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.''
\11\
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\6\ See Notice of Suspension, 22 FCC Rcd at 18618.
\7\ See id. The Bureau also debars Mrs. Evelyn Myers Scott from
the E-Rate program. See Letter from Hillary S. DeNigro, Chief,
Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, to Mrs. Evelyn Myers Scott, Notice of
Debarment, DA 08-49 (Inv. & Hearings Div., Enf. Bur. rel. Jan. 9,
2008).
\8\ See id.
\9\ Id. at 18618; 47 CFR 54.521(c).
\10\ See Notice of Suspension, 22 FCC Rcd at 18619.
\11\ See 47 CFR 54.521(a)(1), 54.521(a)(5), 54.521(d); Notice of
Suspension, 22 FCC Rcd at 18619.
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Sincerely,
Hillary S. DeNigro,
Chief, Investigations and Hearings Division, Enforcement Bureau.
cc: Aaron M. Danzig, Esq., Assistant United States Attorney.
Kristy Carroll, Esq., Universal Service Administrative Company
(via e-mail).
October 18, 2007
DA 07-4336
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED AND FACSIMILE (404-872-1622)
Mr. Arthur R. Scott,
c/o Seth D. Kirschenbaum, Esq.,
Davis Zipperman Kirschenbaum & Lotito,
918 Ponce de Leon Avenue, NE.,
Atlanta, GA 30306-4212,
E-Mail: skirschenbaum@dzkl.com.
Re: Notice of Suspension and Initiation of Debarment Proceedings,
File No. EB-07-IH-7304
Dear Mr. Scott:
The Federal Communications Commission (``FCC'' or
``Commission'') has received notice of your conviction for
conspiracy to defraud the United States and bribery in violation of
18 U.S.C. 371 and 666(a)(1)(B) 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\
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\1\ Any further reference in this letter to ``your conviction''
refers to your May 2, 2007 guilty plea and subsequent conviction of
one count of conspiracy to defraud the United States and one count
of bribery. United States v. Arthur R. Scott, Criminal Docket No.
1:07-CR-139-CC-01, Plea Agreement (N.D.Ga. filed May 2, 2007 and
entered May 7, 2007) (``Scott Plea Agreement''); United States v.
Arthur R. Scott, 1:07-CR-139-CC-01, Judgment (N.D.Ga. filed and
entered Oct. 2, 2007) (``Scott 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
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 conspiracy to defraud the United
States and bribery for activities in connection with your
participation in the E-Rate program.\4\ You admitted that while
employed as Director of Operational Technology of the Atlanta Public
Schools (``APS''), you conspired with others, including your wife
Evelyn Myers Scott (``Myers Scott''), to enter into an E-Rate
contract on behalf of APS in return for payments to the consulting
firm owned by you and Myers Scott from the vendor.\5\ In addition,
you admitted that you, as agent of APS, corruptly solicited,
demanded, accepted and agreed to accept $37,917 in order to be
influenced and rewarded in connection with APS's participation in
the E-Rate program. The loss and the restitution that you owed to
the E-Rate program resulting from the criminal offenses was
$300,176.10.\6\
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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. Arthur R. Scott and Evelyn
Myers Scott a/k/a Evelyn M. Myers, Criminal Docket No. 1:07-CR-139,
Information (N.D.Ga.. filed Apr. 30, 2007 and entered May 3, 2007)
(`` Scott and Myers Scott Information''); Scott Plea Agreement at 1.
\5\ Scott and Myers Scott Information at 1-9. See also Letter
from Hillary S. DeNigro, Chief, Investigations and Hearings
Division, Enforcement Bureau, to Evelyn M. Scott, DA 07-4335, dated
October 18, 2007.
\6\ See Scott Judgment at 5; see also Scott Plea Agreement at 4.
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Pursuant to section 54.521(a)(4) of the Commission's rules,\7\
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.\8\ Your suspension becomes effective upon the earlier of
your receipt of this letter or publication of notice in the Federal
Register.\9\
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\7\ 47 CFR 54.521(a)(4). See Second Report and Order, 18 FCC Rcd
at 9225-9227, ]] 67-74 (2003).
\8\ 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).
\9\ 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.\10\ Such requests, however, will
not ordinarily be granted.\11\ The Bureau may reverse or limit the
scope of suspension only upon a finding of extraordinary
circumstances.\12\ Absent extraordinary circumstances, the Bureau
will decide any request for reversal or modification of suspension
within 90 days of its receipt of such request.\13\
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\10\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR
54.521(e)(4).
\11\ Second Report and Order, 18 FCC Rcd at 9226, ] 70.
\12\ 47 CFR 54.521(e)(5).
\13\ 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.\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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\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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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.\15\
[[Page 8696]]
Absent extraordinary circumstances, the Bureau will debar you.\16\
Within 90 days of receipt of any opposition to your suspension and
proposed debarment, the Bureau, in the absence of extraordinary
circumstances, will provide you with notice of its decision to
debar.\17\ If the Bureau decides to debar you, its decision will
become effective upon the earlier of your receipt of a debarment
notice or publication of the decision in the Federal Register.\18\
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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 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.\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 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,
Hillary S. DeNigro,
Chief, Investigations and Hearings Division, Enforcement Bureau.
cc: Kristy Carroll, Esq., Universal Service Administrative Company
(via e-mail), Aaron M. Danzig, Esq., Assistant United States
Attorney.
[FR Doc. E8-2812 Filed 2-13-08; 8:45 am]
BILLING CODE 6712-01-P