Notice of Suspension and Initiation of Debarment Proceedings; Schools and Libraries Universal Service Support Mechanism, 36082-36084 [E8-14354]

Download as PDF mstockstill on PROD1PC66 with NOTICES 36082 Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Notices their proposed operation not less than 30 days prior to the submission of their application. These applicants must notify wireless licensees of the 700 MHz bands comprising the same TV channel and the adjacent channel within who licensed geographic boundaries the digital LPTV or TV translator station is proposed to be located, and they must also notify licensees of co-channel6 and adjacent channel spectrum whose service boundaries lie within 75 miles and 50 miles, respectively, of their proposed station location. 47 CFR Section 74.786(e) allows assignment of UHF channels 60 to 69 to digital LPTV or TV translator stations for use as a digital conversion channel provided that stations proposing use of these channels notify all potentially affected 700 MHz wireless licensees of their proposed operation not later than 30 days prior to the submission of their application. 47 CFR Section 74.786(e) further provides that digital LPTV and TV translator stations proposing use of UHF channel 63, 64, 68, and 69 (public safety frequencies) as a digital conversion channel must secure a coordinated spectrum use agreement with the pertinent 700 MHz public safety regional planning committee and state administrator prior to the submission of their application. 47 CFR Section 74.786(e) Digital LPTV and TV translator stations proposing use of channels 62, 65, and 67 must notify the pertinent regional planning committee and state administrator of their proposed operation not later than 30 days prior to submission of their application. 47 CFR Section 74.787(a)(2)(iii) provides that mutually exclusive LPTV and TV translator applicants for companion digital stations will be afforded an opportunity to submit in writing to the Commission, settlements and engineering solutions to resolve their situation. 47 CFR Section 74.787(a)(3) provides that mutually exclusive applicants applying for construction permits for new digital stations and for major changes to existing stations in the LPTV service will similarly be allowed to submit in writing to the Commission, settlements and engineering solutions to rectify the problem. 47 CFR Section 74.787(a)(4) provides that mutually exclusive displacement relief applicants filing applications for digital LPTV and TV translator stations may be resolved by submitting settlements and engineering solutions in writing to the Commission. 47 CFR Section 74.790(f) permits digital TV translator stations to originate VerDate Aug<31>2005 21:19 Jun 24, 2008 Jkt 214001 emergency warnings over the air deemed necessary to protect and safeguard life and property, and to originate local public service announcements (PSAs) or messages seeking or acknowledging financial support necessary for its continued operation. These announcements or messages shall not exceed 30 seconds each, and be broadcast no more than once per hour. 47 CFR Section 74.790(e) requires that a digital TV translator station shall not retransmit the programs and signal of any TV broadcast or DTV broadcast station(s) without prior written consent of such station(s). A digital TV translator operator electing to multiplex signals must negotiate arrangements and obtain written consent of involved DTV station licensee(s). 47 CFR Section 74.790(g) requires a digital LPTV station who transmits the programming of a TV broadcast or DTV broadcast station received prior written consent of the station whose signal is being transmitted. 47 CFR Section 74.794 mandates that digital LPTV and TV translator stations operating on TV channels 22–24, 32–36, 38, and 65–69 with a digital transmitter not specifically FCC-certificated for the channel purchase and utilize a low pass filter or equivalent device rated by its manufacturer to have an attenuation of at least 85 dB in the GPS band. The licensees must retain with their station license a description of the low pass filter or equivalent device with the manufacturer’s rating or a report of measurements by a qualified individual. 47 CFR Section 74.796(b)(5) requires digital LPTV or TV translator station licensees that modify their existing transmitter by use of a manufacturerprovided modification kit would need to purchase the kit and must notify the Commission upon completion of the transmitter modifications, hi addition, a digital LPTV or TV translator station licensees that modify their existing transmitter and do not use a manufacturer-provided modification kit, but instead perform custom modification (those not related to installation of manufacturer-supplied and FCC-certified equipment) must notify the Commission upon completion of the transmitter modifications and shall certify compliance with all applicable transmission system requirements. 47 CFR Section 74.796(b)(6) provides that operators who modify their existing transmitter by use of a manufacturerprovided modification kit must maintain with the station’s records for a period of not less than two years, and will make available to the Commission PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 upon request, a description of the nature of the modifications, installation and test instructions, and other material provided by the manufacturer, the results of performance-tests and measurements on the modified transmitter, and copies of related correspondence with the Commission. In addition, digital LPTV and TV translator operators who custom modify their transmitter must maintain with the station’s records for a period of not less than two years, and will make available to the Commission upon request, a description of the modifications performed and performance tests, the results of performance-tests and measurements on the modified transmitter, and copies of related correspondence with the Commission. In situations where protection of an existing analog LPTV or translator station without a frequency offset prevents acceptance of a proposed new or modified LPTV, TV translator, or Class A station, the Commission requires that the existing non-offset station install at its expense offset equipment and notify the Commission that it has done so, or, alternatively, negotiate an interference agreement with the new station and notify the Commission of that agreement. The Commission requires that wireless licensees operating on channels 52–59 and 60–69 notify (by certified mail, return receipt requested) a digital LPTV or TV translator licensee operating on the same channel or first adjacent channel of its intention to initiate or change wireless operations and the likelihood of interference from the LPTV or translator station within its licensed geographic service area. This notification should describe the facilities, associated service area, and operation of the wireless licensee with sufficient detail to permit an evaluation of the likelihood of interference. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8–14356 Filed 6–24–08; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [DA 08–1183] Notice of Suspension and Initiation of Debarment Proceedings; Schools and Libraries Universal Service Support Mechanism Federal Communications Commission. ACTION: Notice. AGENCY: E:\FR\FM\25JNN1.SGM 25JNN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Notices SUMMARY: The Enforcement Bureau gives notice of Mr. William Holman’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. Holman, 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. DATES: Opposition requests must be received by July 25, 2008. However, an opposition request by the party to be suspended must be received 30 days from the receipt of the suspension letter or July 25, 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 Enforcement 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 08–1183, which was mailed to Mr. Holman and released on May 19, 2008. The complete text of the notice of debarment is available for public inspection and copying center 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 center 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 email https://www.bcpiweb.com. VerDate Aug<31>2005 21:19 Jun 24, 2008 Jkt 214001 Federal Communications Commission. Hillary DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau. The attached is the Suspension and Initiation of Debarment Letter to Mr. William Holman. May 19, 2008. DA 08–1183 Via certified mail. Return receipt requested and facsimile (415–773–5759). Mr. William Holman, c/o Melinda Haag, Esq., Orrick, Herrington & Sutcliffe, LLP, The Orrick Building, 405 Howard Street, San Francisco, CA 94105–2669. Re: Notice of Suspension and Initiation of Debarment Proceedings, File No. EB–08–IH– 1142 Dear Mr. Holman: The Federal Communications Commission (‘‘FCC’’ or ‘‘Commission’’) has received notice of your conviction of bid rigging, in violation of 15 U.S.C. 1, in connection with your participation in the schools and libraries universal service support mechanism (‘‘ERate program’’).1 Consequently, pursuant to 47 CFR 54.8, this letter constitutes official notice of your suspension from the E-Rate program. In addition, the Enforcement 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 1 Any further reference in this letter to ‘‘your conviction’’ refers to your guilty plea and subsequent conviction of bid rigging. See United States v. William Holman, Criminal Docket No. 3:05–CR–00208–CRB–012, Judgment (N.D.Cal. filed Apr. 9, 2008 and entered Apr. 9, 2008) (‘‘Holman Judgment’’), Substitute Information (N.D.Cal. filed and entered Apr. 5, 2007) (‘‘Holman Substitute Information’’). See also generally United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05–CR–00208–CRB, Superseding Indictment (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005), https://www.usdoj.gov/ atr/cases/f213600/213626.htm (accessed May 1, 2008) (‘‘VNCI Superseding Indictment’’). 2 47 CFR 54.8; 47 CFR 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. 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 (2007) (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)). PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 36083 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 bid rigging in connection with your participation in the Ceria Travis Academy ERate project (the ‘‘Project’’).4 Specifically, you admitted that, as former vice president of sales for NEC Business Networks, Inc. (‘‘NEC–BNS’’), you entered into and engaged in a conspiracy with NEC–BNS and other coconspirators to suppress and eliminate competition by submitting non-competitive bids for the Project and taking steps to ensure that the Project was awarded to NEC–BNS and co-conspirators.5 Pursuant to section 54.8(a)(4) of the Commission’s rules,6 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.7 Your suspension becomes effective upon the earlier of your receipt of this letter or publication of notice in the Federal Register.8 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.9 Such requests, however, will not ordinarily be granted.10 The Bureau may reverse or limit the scope of suspension only upon a finding of extraordinary circumstances.11 Absent extraordinary circumstances, the 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 Holman Judgment at 1; Holman Substitute Information at 4. 5 See id. The Commission debarred NEC–BNS in 2006 for the company’s wire fraud and bid rigging conviction. See NEC Business Network Solutions, Inc., Notice to Debarment, 21 FCC Rcd 7491 (2006); 71 FR 42398 (2006). The following four individuals, who were also charged in the VNCI Superseding Indictment, have pled guilty or been found guilty, and subsequently sentenced: Judy Green, Earl Nelson, George Marchelos, and Allan Green. We are sending separate notices of suspension and initiation of debarment proceedings to these individuals. VNCI is now defunct and charges against the company have been dropped. 6 47 CFR 54.8(a)(4). See Second Report and Order, 18 FCC Rcd at 9225–9227, paras. 67–74. 7 47 CFR 54.8(a)(1), (d). 8 Second Report and Order, 18 FCC Rcd at 9226, para. 69; 47 CFR 54.8(e)(1). 9 47 CFR 54.8(e)(4). 10 Id. 11 47 CFR 54.8(e)(5). E:\FR\FM\25JNN1.SGM 25JNN1 36084 Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Notices Bureau will decide any request for reversal or modification of suspension within 90 days of its receipt of such request.12 mstockstill on PROD1PC66 with NOTICES II. Initiation of Debarment Proceedings Your guilty plea and conviction of 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 54.8(c) of the Commission’s rules.13 Therefore, 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.14 Absent extraordinary circumstances, the Bureau will debar you.15 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.16 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.17 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.18 The Bureau may, if necessary to protect the public interest, extend the debarment period.19 Please direct any response, if by messenger or hand delivery, to Marlene H. Dortch, 12 See Second Report and Order, 18 FCC Rcd at 9226, para. 70; 47 CFR 54.8(e)(5), 54.8(f). 13 ‘‘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). 14 See Second Report and Order, 18 FCC Rcd at 9226, para. 70; 47 CFR 54.8(e)(3). 15 Second Report and Order, 18 FCC Rcd at 9227, para. 74. 16 See id., 18 FCC Rcd at 9226, para. 70; 47 CFR 54.8(e)(5). 17 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). 18 Second Report and Order, 18 FCC Rcd at 9225, para. 67; 47 CFR 54.8(d), 54.8(g). 19 Id. VerDate Aug<31>2005 21:19 Jun 24, 2008 Jkt 214001 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). Michael Wood, Antitrust Division, United States Department of Justice. [FR Doc. E8–14354 Filed 6–24–08; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [DA 08–1182] 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 gives notice of Ms. Judy Green’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 her. Ms. Green, or any person who has an existing contract PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 with or intends to contract with her 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. DATES: Opposition requests must be received by July 25, 2008. However, an opposition request by the party to be suspended must be received 30 days from the receipt of the suspension letter or July 25, 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 Enforcement 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 08–1182, which was mailed to Ms. Green and released on May 19, 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. Hillary DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau. The attached is the Suspension and Initiation of Debarment Letter to Ms. Judy Green. May 19, 2008. E:\FR\FM\25JNN1.SGM 25JNN1

Agencies

[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Notices]
[Pages 36082-36084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14354]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 08-1183]


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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[[Page 36083]]

SUMMARY: The Enforcement Bureau gives notice of Mr. William Holman'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. 
Holman, 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.

DATES: Opposition requests must be received by July 25, 2008. However, 
an opposition request by the party to be suspended must be received 30 
days from the receipt of the suspension letter or July 25, 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 Enforcement 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 08-1183, which was mailed to Mr. Holman and released on May 19, 
2008. The complete text of the notice of debarment is available for 
public inspection and copying center 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 center 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.
Hillary DeNigro,
Chief, Investigations and Hearings Division, Enforcement Bureau.

    The attached is the Suspension and Initiation of Debarment 
Letter to Mr. William Holman.

May 19, 2008.

DA 08-1183

Via certified mail. Return receipt requested and facsimile (415-773-
5759).

Mr. William Holman, c/o Melinda Haag, Esq., Orrick, Herrington & 
Sutcliffe, LLP, The Orrick Building, 405 Howard Street, San 
Francisco, CA 94105-2669.

Re: Notice of Suspension and Initiation of Debarment Proceedings, File 
No. EB-08-IH-1142

    Dear Mr. Holman: The Federal Communications Commission (``FCC'' 
or ``Commission'') has received notice of your conviction of bid 
rigging, in violation of 15 U.S.C. 1, in connection with your 
participation in the schools and libraries universal service support 
mechanism (``E-Rate program'').\1\ Consequently, pursuant to 47 CFR 
54.8, this letter constitutes official notice of your suspension 
from the E-Rate program. In addition, the Enforcement 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 guilty plea and subsequent conviction of bid rigging. 
See United States v. William Holman, Criminal Docket No. 3:05-CR-
00208-CRB-012, Judgment (N.D.Cal. filed Apr. 9, 2008 and entered 
Apr. 9, 2008) (``Holman Judgment''), Substitute Information 
(N.D.Cal. filed and entered Apr. 5, 2007) (``Holman Substitute 
Information''). See also generally United States v. Video Network 
Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, 
Superseding Indictment (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 
12, 2005), https://www.usdoj.gov/atr/cases/f213600/213626.htm 
(accessed May 1, 2008) (``VNCI Superseding Indictment'').
    \2\ 47 CFR 54.8; 47 CFR 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. 
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 (2007) (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\ You pled guilty to bid rigging in connection with your 
participation in the Ceria Travis Academy E-Rate project (the 
``Project'').\4\ Specifically, you admitted that, as former vice 
president of sales for NEC Business Networks, Inc. (``NEC-BNS''), 
you entered into and engaged in a conspiracy with NEC-BNS and other 
co-conspirators to suppress and eliminate competition by submitting 
non-competitive bids for the Project and taking steps to ensure that 
the Project was awarded to NEC-BNS and co-conspirators.\5\
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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 Holman Judgment at 1; Holman Substitute Information at 
4.
    \5\ See id. The Commission debarred NEC-BNS in 2006 for the 
company's wire fraud and bid rigging conviction. See NEC Business 
Network Solutions, Inc., Notice to Debarment, 21 FCC Rcd 7491 
(2006); 71 FR 42398 (2006). The following four individuals, who were 
also charged in the VNCI Superseding Indictment, have pled guilty or 
been found guilty, and subsequently sentenced: Judy Green, Earl 
Nelson, George Marchelos, and Allan Green. We are sending separate 
notices of suspension and initiation of debarment proceedings to 
these individuals. VNCI is now defunct and charges against the 
company have been dropped.
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    Pursuant to section 54.8(a)(4) of the Commission's rules,\6\ 
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.\7\ Your suspension becomes effective upon the earlier of 
your receipt of this letter or publication of notice in the Federal 
Register.\8\
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    \6\ 47 CFR 54.8(a)(4). See Second Report and Order, 18 FCC Rcd 
at 9225-9227, paras. 67-74.
    \7\ 47 CFR 54.8(a)(1), (d).
    \8\ 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.\9\ Such requests, however, will not 
ordinarily be granted.\10\ The Bureau may reverse or limit the scope 
of suspension only upon a finding of extraordinary 
circumstances.\11\ Absent extraordinary circumstances, the

[[Page 36084]]

Bureau will decide any request for reversal or modification of 
suspension within 90 days of its receipt of such request.\12\
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    \9\ 47 CFR 54.8(e)(4).
    \10\ Id.
    \11\ 47 CFR 54.8(e)(5).
    \12\ 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 guilty plea and conviction of 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 54.8(c) of the Commission's rules.\13\ 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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    \13\ ``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.\14\ Absent 
extraordinary circumstances, the Bureau will debar you.\15\ 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.\16\ 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.\17\
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    \14\ See Second Report and Order, 18 FCC Rcd at 9226, para. 70; 
47 CFR 54.8(e)(3).
    \15\ Second Report and Order, 18 FCC Rcd at 9227, para. 74.
    \16\ See id., 18 FCC Rcd at 9226, para. 70; 47 CFR 54.8(e)(5).
    \17\ 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.\18\ The Bureau may, if necessary 
to protect the public interest, extend the debarment period.\19\
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    \18\ Second Report and Order, 18 FCC Rcd at 9225, para. 67; 47 
CFR 54.8(d), 54.8(g).
    \19\ 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).
    Michael Wood, Antitrust Division, United States Department of 
Justice.

 [FR Doc. E8-14354 Filed 6-24-08; 8:45 am]
BILLING CODE 6712-01-P
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