Notice of Suspension and Initiation of Debarment Proceedings; Schools and Libraries Universal Service Support Mechanism, 24287-24289 [E8-9731]

Download as PDF Federal Register / Vol. 73, No. 86 / Friday, May 2, 2008 / Notices 47 CFR 73.1201(b)(3) requires that twice daily, the station identification for television stations must include a notice of the existence, location and accessibility of the station’s public file. The notice must state that the station’s public file is available for inspection and that consumers can view it at the station’s main studio and on its Web site. At least one of the announcements must occur between the hours of 6 p.m. and midnight. 47 CFR 74.783(e) permits any lowpower television (LPTV) station to request a four-letter call sign after receiving its construction permit. All initial LPTV construction permits will continue to be issued with a fivecharacter LPTV call sign. LPTV respondents are required to use the online electronic system. To enable these respondents to use this online system, the Commission eliminated the requirement that holders of LPTV construction permits submit with their call sign requests a certification that the station has been constructed, that physical construction is underway at the transmitter site, or that a firm equipment order has been placed. 47 CFR 74.783(b) requires licensees of television translators whose station identification is made by the television station whose signals are being rebroadcast by the translator, must secure agreement with this television licensee to keep in its file, and available to FCC personnel, the translator’s call letters and location, giving the name, address and telephone number of the licensee or service representative to be contacted in the event of malfunction of the translator. 47 CFR 74.1283(c)(1) requires FM translator stations whose station identification is made by the primary station to furnish current information on the translator’s call letters and location. This information is kept in the primary station’s files. This information is used to contact the translator licensee in the event of malfunction of the translator. Federal Communications Commission. Ruth A. Dancey, Associate Secretary. [FR Doc. E8–9727 Filed 5–1–08; 8:45 am] mstockstill on PROD1PC66 with NOTICES BILLING CODE 6712–01–P VerDate Aug<31>2005 17:17 May 01, 2008 Jkt 214001 FEDERAL COMMUNICATIONS COMMISSION [DA 08–770] Notice of Suspension and Initiation of Debarment Proceedings; Schools and Libraries Universal Service Support Mechanism Federal Communications Commission. ACTION: Notice. AGENCY: SUMMARY: The Enforcement Bureau (the ‘‘Bureau’’) gives notice of Mr. Rafael G. Adame’s suspension from the schools and libraries universal service support mechanism (or ‘‘E-Rate Program’’). Additionally, the Bureau gives notice that debarment proceedings are commencing against him. Mr. Adame, or any person who has an existing contract with or intends to contract with him to provide or receive services in matters arising out of activities associated with or related to the schools and libraries support, may respond by filing an opposition request, supported by documentation to Diana Lee, Federal Communications Commission, Enforcement Bureau, Investigations and Hearings Division, Room 4–C330, 445 12th Street, SW., Washington, DC 20554. DATES: Opposition requests must be received by June 2, 2008. However, an opposition request by the party to be suspended must be received 30 days from the receipt of the suspension letter or June 2, 2008, whichever comes first. The Bureau will decide any opposition request for reversal or modification of suspension or debarment within 90 days of its receipt of such requests. FOR FURTHER INFORMATION CONTACT: Diana Lee, Federal Communications Commission, Enforcement Bureau, Investigations and Hearings Division, Room 4–C330, 445 12th Street, SW., Washington, DC 20554. Diana Lee may be contacted by phone at (202) 418– 0843 or e-mail at diana.lee@fcc.gov. 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 email at vickie.robinson@fcc.gov. SUPPLEMENTARY INFORMATION: The Bureau has suspension and debarment authority pursuant to 47 CFR 54.8 and 47 CFR 0.111. Suspension will help to ensure that the party to be suspended cannot continue to benefit from the schools and libraries mechanism pending resolution of the debarment process. Attached is the suspension letter, DA 08–770, which was mailed to Mr. Adame and released on April 2, PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 24287 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 attached is the Suspension and Initiation of Debarment Letter to Mr. Rafael G. Adame. Federal Communications Commission Enforcement Bureau Investigations and Hearings Division 445 12th Street, SW., Suite 4–C330 Washington, D.C. 20554 April 2, 2008 DA 08–770 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED AND FACSIMILE (956–664–2703) Mr. Rafael G. Adame, c/o Eric Samuel Jarvis, Esq., Alvarez & Jarvis, PC, 6521 N. 10th Street, Suite A, McAllen, TX 78504, E-Mail: eric@alvarezandjarvis.com Re: Notice of Suspension and Initiation of Debarment Proceedings, File No. EB–07–IH–9547 Dear Mr. Adame: The Federal Communications Commission (‘‘FCC’’ or ‘‘Commission’’) has received notice of your conviction for wire fraud in violation of 18 U.S.C. § 1343 in connection with your participation in the schools and libraries universal service support mechanism (‘‘E-Rate program’’).1 Consequently, pursuant to 47 C.F.R. § 54.8, this letter constitutes official notice of your suspension from the E-Rate program. In addition, the Enforcement Bureau (‘‘Bureau’’) hereby 1 Any further reference in this letter to ‘‘your conviction’’ refers to your conviction of seven counts of wire fraud. United States v. Rafael Gongora Adame, Criminal Docket No. 7:06–CR– 1082, CRIMINAL NO. M–06–1082, Judgment (S.D. Tex. filed Mar. 3, 2008 and entered Mar. 11, 2008) (‘‘Adame Judgment’’). E:\FR\FM\02MYN1.SGM 02MYN1 24288 Federal Register / Vol. 73, No. 86 / Friday, May 2, 2008 / Notices notifies you that we are commencing debarment proceedings against you.2 I. Notice of Suspension mstockstill on PROD1PC66 with NOTICES 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 On November 19, 2007, the United States District Court of Texas sentenced you to serve three years in prison following your conviction on seven counts of wire fraud in connection with your participation in the E–Rate program.4 As the owner of ATE Tel, a vendor that provided computer-related goods and services to various school districts, including the Weslaco Independent School District in South Texas, you submitted fraudulent invoices via wire communications to the Universal Service Administrative Company (‘‘USAC’’) for reimbursement from the E–Rate program.5 By making false representations on invoices filed with USAC, you fraudulently obtained more than $106,000 in illegitimate 2 47 C.F.R. 54.8; 47 C.F.R. 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (‘‘Second Report and Order’’) (adopting section 54.521 to suspend and debar parties from the E-rate program). In 2007, the Commission extended the debarment rules to apply to all of the Federal universal service support mechanisms. See Comprehensive Review of the Universal Service Fund Management, Administration, and Oversight; Federal-State Joint Board on Universal Service; Schools and Libraries Universal Service Support Mechanism; Lifeline and Link Up; Changes to the Board of Directors for the National Exchange Carrier Association, Inc., Report and Order, 22 FCC Rcd 16372, 16410–12 (‘‘Program Management Order’’) (renumbering section 54.521 of the universal service debarment rules as section 54.8 and amending subsections (a)(1), (5), (c), (d), (e)(2)(i), (3), (e)(4), and (g)). 3 See Second Report and Order, 18 FCC Rcd at 9225, para. 66; Program Management Order 22 FCC Rcd at 16387, para. 32. 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 54.8(a)(6). 4 See generally Adame Judgment at 1. 5 United States v. Rafael Gongora Adame, Criminal Docket No. 7:06–CR–1082, CRIMINAL NO. M–06–1082, Indictment, 3 (S.D. Tex. filed Dec. 6, 2006, and entered Dec. 12, 2006) (‘‘Adame Indictment’’). See United States v. Rafael Gongora Adame, Criminal Docket No. 7:06–CR–1082, CRIMINAL NO. M–06–1082, Verdict (S.D. Tex. filed Feb. 9, 2007, and entered Mar. 20, 2007) (‘‘Adame Verdict’’); Adame Judgment??; Department of Justice Press Release: Former Telecom Owner Sentenced to Three Years in Prison for Scheme to Defraud Federal E–Rate Program, 1 (‘‘DOJ November 20 Press Release’’) . VerDate Aug<31>2005 17:17 May 01, 2008 Jkt 214001 payments from the federal E–Rate program.6 Pursuant to section 54.8(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 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 conviction 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 54.8(c) of the Commission’s rules.14 Therefore, 6 See Adame Judgment; see also DOJ November 20 Press Release at 1. 7 47 CFR 54.8(a)(4). See Second Report and Order, 18 FCC Rcd at 9225–9227, paras. 67–74. 8 47 CFR 54.8(a)(1), (d). 9 Second Report and Order, 18 FCC Rcd at 9226, para. 69; 47 CFR 54.8(e)(1). 10 47 CFR 54.8(e)(4). 11 Id. 12 47 CFR 54.8(f). 13 See Second Report and Order, 18 FCC Rcd at 9226, para. 70; 47 CFR 54.8(e)(5), 54.8(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 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 pursuant to section 54.8(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 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, N.E., 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), and libraries support mechanism, the high-cost support mechanism, the rural healthcare support mechanism, and the low-income support mechanism.’’ 47 CFR 54.8(c). Such activities ‘‘include the receipt of funds or discounted services through [the federal universal service] support mechanisms, or consulting with, assisting, or advising applicants or service providers regarding [the federal universal service] support mechanisms.’’ 47 CFR 54.8(a)(1). 15 See Second Report and Order, 18 FCC Rcd at 9226, para. 70; 47 CFR 54.8(e)(3). 16 Second Report and Order, 18 FCC Rcd at 9227, para. 74. 17 See id., 18 FCC Rcd at 9226, para. 70; 47 CFR 54.8(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 54.8(f). 19 Second Report and Order, 18 FCC Rcd at 9225, para. 67; 47 CFR 54.8(d), 54.8(g). 20 Id. E:\FR\FM\02MYN1.SGM 02MYN1 Federal Register / Vol. 73, No. 86 / Friday, May 2, 2008 / Notices 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, S.W., 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, S.W., 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 email at vickie.robinson@fcc.gov. Sincerely yours, Trent Harkrader Deputy Chief, Investigations and Hearings Division, Enforcement Bureau [FR Doc. E8–9731 Filed 5–1–08; 8:45 am] BILLING CODE 6712–01–P FEDERAL ELECTION COMMISSION Sunshine Act Notices Tuesday, May 6, 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, 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. DATE AND TIME: Thursday, May 8, 2008 at 10 a.m. PLACE: 999 E Street, NW., Washington, DC (Ninth Floor). mstockstill on PROD1PC66 with NOTICES VerDate Aug<31>2005 17:17 May 01, 2008 Jkt 214001 ITEMS TO BE DISCUSSED: Correction and Approval of Minutes. ADVISORY OPINION 2008–01: Butler County Democrats for Change (DPAC), by its treasurer, Diane L. Sipe. Future Meeting Dates. Management and Administrative Matters. FOR FURTHER INFORMATION CONTACT: Robert Biersack, Press Officer, Telephone: (202) 694–1220. Individuals who plan to attend and require special assistance, such as sign language interpretation or other reasonable accommodations, should contact Mary Dove, Commission Secretary, at (202) 694–1040, at least 72 hours prior to the hearing date. Mary W. Dove, Secretary of the Commission. [FR Doc. E8–9622 Filed 5–1–08; 8:45 am] BILLING CODE 6715–01–M FEDERAL RESERVE SYSTEM cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail); Duncan S. Currie, Esq., Chief, Dallas Field Office, Antitrust Division, Department of Justice DATE AND TIME: This meeting will be open to the public. STATUS: 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 May 16, 2008. A. Federal Reserve Bank of Dallas (W. Arthur Tribble, Vice President) 2200 North Pearl Street, Dallas, Texas 75201– 2272: 1. Greg S. Stubbs and Jennifer J. Stubbs, both of Groesbeck, Texas, and Brad Butler and Denise Butler, both of Wortham, Texas; to acquire voting shares of Bi–Stone Bancshares, Inc., and indirectly acquire voting shares of Incommons Bank, N.A., both of Mexia, Texas. PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 24289 Board of Governors of the Federal Reserve System, April 28, 2008. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E8–9643 Filed 5–1–08; 8:45 am] BILLING CODE 6210–01–S FEDERAL RESERVE SYSTEM 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 May 19, 2008. A. Federal Reserve Bank of Minneapolis (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480–0291: 1. JCLL 2007 Irevocable Trust B, JCLL 2007 Irrevocable Trust T, and James A. McLean, as Trustee of the trusts, all of Bozeman, Montana; Plotinus Trust, Ennis, Montana, and Peter T. Combs, Alamos, Sonora, Mexico, as an individual and as Trustee of the trust; C. Bruce Combs, Bozeman, Montana; Timothy Combs, Ennis, Montana; and Virginia B. Combs, Alamos, Sonora, Mexico, as individuals, collectively part of a group acting in concert, to retain and acquire control of Jackass Creek Land & Livestock Company, Ennis, Montana, and thereby indirectly retain and acquire control of the First Madison Valley Bank, Ennis, Montana, and the First Boulder Valley Bank, Boulder, Montana. Board of Governors of the Federal Reserve System, April 29, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8–9670 Filed 5–1–08; 8:45 am] BILLING CODE 6210–01–S E:\FR\FM\02MYN1.SGM 02MYN1

Agencies

[Federal Register Volume 73, Number 86 (Friday, May 2, 2008)]
[Notices]
[Pages 24287-24289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9731]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 08-770]


Notice of Suspension and Initiation of Debarment Proceedings; 
Schools and Libraries Universal Service Support Mechanism

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (the ``Bureau'') gives notice of Mr. 
Rafael G. Adame's suspension from the schools and libraries universal 
service support mechanism (or ``E-Rate Program''). Additionally, the 
Bureau gives notice that debarment proceedings are commencing against 
him. Mr. Adame, or any person who has an existing contract with or 
intends to contract with him to provide or receive services in matters 
arising out of activities associated with or related to the schools and 
libraries support, may respond by filing an opposition request, 
supported by documentation to Diana Lee, Federal Communications 
Commission, Enforcement Bureau, Investigations and Hearings Division, 
Room 4-C330, 445 12th Street, SW., Washington, DC 20554.

DATES: Opposition requests must be received by June 2, 2008. However, 
an opposition request by the party to be suspended must be received 30 
days from the receipt of the suspension letter or June 2, 2008, 
whichever comes first. The Bureau will decide any opposition request 
for reversal or modification of suspension or debarment within 90 days 
of its receipt of such requests.

FOR FURTHER INFORMATION CONTACT: Diana Lee, Federal Communications 
Commission, Enforcement Bureau, Investigations and Hearings Division, 
Room 4-C330, 445 12th Street, SW., Washington, DC 20554. Diana Lee may 
be contacted by phone at (202) 418-0843 or e-mail at diana.lee@fcc.gov. 
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 has suspension and debarment 
authority pursuant to 47 CFR 54.8 and 47 CFR 0.111. Suspension will 
help to ensure that the party to be suspended cannot continue to 
benefit from the schools and libraries mechanism pending resolution of 
the debarment process. Attached is the suspension letter, DA 08-770, 
which was mailed to Mr. Adame and released on April 2, 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 attached is the Suspension and Initiation of Debarment Letter 
to Mr. Rafael G. Adame.
Federal Communications Commission
Enforcement Bureau
Investigations and Hearings Division
445 12th Street, SW., Suite 4-C330
Washington, D.C. 20554
April 2, 2008
DA 08-770

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED AND FACSIMILE (956-664-2703)

Mr. Rafael G. Adame, c/o Eric Samuel Jarvis, Esq., Alvarez & Jarvis, 
PC, 6521 N. 10th Street, Suite A, McAllen, TX 78504, E-Mail: 
eric@alvarezandjarvis.com
Re: Notice of Suspension and Initiation of Debarment Proceedings, File 
No. EB-07-IH-9547

    Dear Mr. Adame: The Federal Communications Commission (``FCC'' or 
``Commission'') has received notice of your conviction for wire fraud 
in violation of 18 U.S.C. Sec.  1343 in connection with your 
participation in the schools and libraries universal service support 
mechanism (``E-Rate program'').\1\ Consequently, pursuant to 47 C.F.R. 
Sec.  54.8, this letter constitutes official notice of your suspension 
from the E-Rate program. In addition, the Enforcement Bureau 
(``Bureau'') hereby

[[Page 24288]]

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 conviction of seven counts of wire fraud. United 
States v. Rafael Gongora Adame, Criminal Docket No. 7:06-CR-1082, 
CRIMINAL NO. M-06-1082, Judgment (S.D. Tex. filed Mar. 3, 2008 and 
entered Mar. 11, 2008) (``Adame Judgment'').
    \2\ 47 C.F.R. 54.8; 47 C.F.R. 0.111 (delegating to the 
Enforcement Bureau authority to resolve universal service suspension 
and debarment proceedings). The Commission adopted debarment rules 
for the schools and libraries universal service support mechanism in 
2003. See Schools and Libraries Universal Service Support Mechanism, 
Second Report and Order and Further Notice of Proposed Rulemaking, 
18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting 
section 54.521 to suspend and debar parties from the E-rate 
program). In 2007, the Commission extended the debarment rules to 
apply to all of the Federal universal service support mechanisms. 
See Comprehensive Review of the Universal Service Fund Management, 
Administration, and Oversight; Federal-State Joint Board on 
Universal Service; Schools and Libraries Universal Service Support 
Mechanism; Lifeline and Link Up; Changes to the Board of Directors 
for the National Exchange Carrier Association, Inc., Report and 
Order, 22 FCC Rcd 16372, 16410-12 (``Program Management Order'') 
(renumbering section 54.521 of the universal service debarment rules 
as section 54.8 and amending subsections (a)(1), (5), (c), (d), 
(e)(2)(i), (3), (e)(4), and (g)).
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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\ On November 19, 2007, the United States District Court of 
Texas sentenced you to serve three years in prison following your 
conviction on seven counts of wire fraud in connection with your 
participation in the E-Rate program.\4\ As the owner of ATE Tel, a 
vendor that provided computer-related goods and services to various 
school districts, including the Weslaco Independent School District in 
South Texas, you submitted fraudulent invoices via wire communications 
to the Universal Service Administrative Company (``USAC'') for 
reimbursement from the E-Rate program.\5\ By making false 
representations on invoices filed with USAC, you fraudulently obtained 
more than $106,000 in illegitimate payments from the federal E-Rate 
program.\6\
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    \3\ See Second Report and Order, 18 FCC Rcd at 9225, para. 66; 
Program Management Order 22 FCC Rcd at 16387, para. 32. 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 54.8(a)(6).
    \4\ See generally Adame Judgment at 1.
    \5\ United States v. Rafael Gongora Adame, Criminal Docket No. 
7:06-CR-1082, CRIMINAL NO. M-06-1082, Indictment, 3 (S.D. Tex. filed 
Dec. 6, 2006, and entered Dec. 12, 2006) (``Adame Indictment''). See 
United States v. Rafael Gongora Adame, Criminal Docket No. 7:06-CR-
1082, CRIMINAL NO. M-06-1082, Verdict (S.D. Tex. filed Feb. 9, 2007, 
and entered Mar. 20, 2007) (``Adame Verdict''); Adame Judgment??; 
Department of Justice Press Release: Former Telecom Owner Sentenced 
to Three Years in Prison for Scheme to Defraud Federal E-Rate 
Program, 1 (``DOJ November 20 Press Release'') .
    \6\ See Adame Judgment; see also DOJ November 20 Press Release 
at 1.
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    Pursuant to section 54.8(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 54.8(a)(4). See Second Report and Order, 18 FCC Rcd 
at 9225-9227, paras. 67-74.
    \8\ 47 CFR 54.8(a)(1), (d).
    \9\ Second Report and Order, 18 FCC Rcd at 9226, para. 69; 47 
CFR 54.8(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\ 47 CFR 54.8(e)(4).
    \11\ Id.
    \12\ 47 CFR 54.8(f).
    \13\ See Second Report and Order, 18 FCC Rcd at 9226, para. 70; 
47 CFR 54.8(e)(5), 54.8(f).
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II. Initiation of Debarment Proceedings

    Your conviction 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 54.8(c) of the Commission's rules.\14\ 
Therefore, pursuant to section 54.8(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, the high-
cost support mechanism, the rural healthcare support mechanism, and 
the low-income support mechanism.'' 47 CFR 54.8(c). Such activities 
``include the receipt of funds or discounted services through [the 
federal universal service] support mechanisms, or consulting with, 
assisting, or advising applicants or service providers regarding 
[the federal universal service] support mechanisms.'' 47 CFR 
54.8(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\ 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, para. 70; 
47 CFR 54.8(e)(3).
    \16\ Second Report and Order, 18 FCC Rcd at 9227, para. 74.
    \17\ See id., 18 FCC Rcd at 9226, para. 70; 47 CFR 54.8(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 54.8(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, para. 67; 47 
CFR 54.8(d), 54.8(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, N.E., 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),

[[Page 24289]]

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, 
S.W., 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, 
S.W., 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,

Trent Harkrader
Deputy Chief, Investigations and Hearings Division, Enforcement 
Bureau

cc: Kristy Carroll, Esq., Universal Service Administrative Company (via 
e-mail); Duncan S. Currie, Esq., Chief, Dallas Field Office, Antitrust 
Division, Department of Justice
 [FR Doc. E8-9731 Filed 5-1-08; 8:45 am]
BILLING CODE 6712-01-P
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