Notice of Debarment; Schools and Libraries Universal Service Support Mechanism, 50618-50620 [E8-19876]
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50618
Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices
requirement also applies with respect to
applications for minor modification to
existing AM and FM facilities in which
the applicant seeks to change the
existing facility’s community of license.
Local notice is also required to be
broadcast over the station, if operating.
However, if the station is the only
operating station in its broadcast service
licensed to the community involved,
publication of the notice in a newspaper
is not required. Completion of
publication may occur within 30 days
before or after the tender of the
application to the Commission.
This notice must be published at least
twice a week for two consecutive weeks
in a three-week period. A copy of this
notice must be placed in a broadcast
station’s public inspection file along
with the application. The Commission’s
actions in this proceeding did not revise
this requirement.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8–19886 Filed 8–26–08; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Investigations and Hearings Division, by
telephone at (202) 418–1420 and by email at vickie.robinson@fcc.gov.
SUPPLEMENTARY INFORMATION: The
Bureau debarred Mr. William Holman
from the schools and libraries universal
service support mechanism for a period
of three years pursuant to 47 CFR 54.8
and 47 CFR 0.111. Attached is the
debarment letter, DA 08–1865, which
was mailed to Mr. William Holman and
released on August 7, 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 email https://www.bcpiweb.com.
Federal Communications Commission.
Vickie Robinson,
Assistant Chief, Investigations and Hearings
Division, Enforcement Bureau.
[DA 08–1865]
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 08–1865
VIA CERTIFIED MAIL RETURN
RECEIPT REQUESTED AND
FACSIMILE (415–773–5759)
Mr. William Holman, c/o Walter F.
Brown, Jr., Esq., Orrick, Herrington
& Sutcliffe, LLP, The Orrick
Building, 405 Howard Street, San
Francisco, CA 94105–2669
Re: Notice of Debarment, File No. EB–
08–IH–1142
Dear Mr. Holman: Pursuant to section
54.8 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 May 19, 2008, the Enforcement
Bureau (the ‘‘Bureau’’) sent you a Notice
of Suspension and Initiation of
Debarment Proceedings (the ‘‘Notice of
Suspension’’) 2 as a result of your guilty
August 7, 2008.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: The Enforcement Bureau (the
‘‘Bureau’’) debars Mr. William Holman
from the schools and libraries universal
service support mechanism (or ‘‘E-Rate
Program’’) for a period of three years
based on his conviction of bid rigging 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. William Holman receives the
debarment letter or August 27, 2008,
whichever date come first, for a period
of three years.
FOR FURTHER INFORMATION CONTACT:
Rebekah Bina, Federal Communications
Commission, Enforcement Bureau,
Investigations and Hearings Division,
Room 4–C330, 445 12th Street, SW.,
Washington, DC 20554. Rebekah Bina
may be contacted by phone at (202)
418–7931 or e-mail at
Rebekah.Bina@fcc.gov. If Ms. Bina is
unavailable, you may contact Ms. Vickie
Robinson, Assistant Chief,
VerDate Aug<31>2005
18:52 Aug 26, 2008
Jkt 214001
1 See
47 CFR 0.111(a)(14), 54.8.
from Hillary S. DeNigro, Chief,
Investigations and Hearings Division, Enforcement
Bureau, Federal Communications Commission, to
Mr. William Holman, Notice of Suspension and
Initiation of Debarment Proceedings, 23 FCC Rcd
2 Letter
PO 00000
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plea and subsequent conviction of bidrigging, in violation of 15 U.S.C. 1, for
your activities as former Vice President
of NEC-Business Network Services
(‘‘NEC–BNS’’) in connection with the
Ceria Travis Academy E-Rate project
(‘‘Project’’). You responded through
counsel on June 13, 2008,3 contesting
certain language in the Notice of
Suspension, specifically, that you
‘‘entered into and engaged in a
conspiracy with NEC–BNS and other coconspirators to suppress and eliminate
competition by submitting noncompetitive bids for the Project and
taking steps to ensure the Project was
awarded to NEC–BNS and coconspirators.’’4 Citing the Plea
Agreement, you clarified that it was
NEC–BNS employees other than
yourself that submitted non-competitive
bids and that employees of another
company took steps to ensure the
success of the conspiracy by
discouraging and disqualifying bids
from non-conspirators.5 You further
assert, among other things, that you
entered into what you understood to be
a lawful agreement, and that you
‘‘subsequently became aware of
problems with NEC–BNS’s participation
in the E-Rate program and raised these
concerns with [your] superiors.’’ 6 In the
Response, you do not dispute that you
pled guilty to a violation of 15 U.S.C. 1,
but request that the Commission’s
record reflect the factual circumstances
surrounding your offense.7
We grant your request and incorporate
the cited Plea Agreement language in
the record for this debarment
proceeding. Based on the evidence in
the record, we conclude that your
conduct, as described in the Plea
Agreement, constitutes the basis for
your debarment, and your conviction
falls within the categories of causes for
debarment under section 54.8(c) of the
Commission’s rules.8 For the foregoing
reasons, you are hereby debarred for a
period of three years from the
debarment date, i.e., the earlier date of
8228 (Inv. & Hearings Div., Enf. Bur. 2008)
(Attachment 1); see 73 Fed. Reg. 36082 (Jun. 25,
2008).
3 Letter from Walter F. Brown, Jr., Orrick,
Herrington & Sutcliffe, LLP to Diana Lee, Attorney
Advisor, Investigations and Hearings Division,
Enforcement Bureau, Federal Communications
Commission, dated June 13, 2008 (‘‘Holman
Response’’ or ‘‘Response’’), attaching United States
v. William Holman, Criminal Docket No. 3:05–CR–
00208–CRB–012, Plea Agreement (N.D.Cal. filed
and entered Apr. 6, 2007) (‘‘Plea Agreement’’).
4 Holman Response at 1; Notice of Suspension at
23 FCC Rcd at 8229.
5 Holman Response at 1, citing Plea Agreement,
para. 4(f).
6 Id. at 2, citing Plea Agreement, para. 4(g).
7 Id. at 2.
8 47 CFR 54.8(c).
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Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices
your receipt of this Notice of Debarment
or its publication date in the Federal
Register.9 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.’’ 10
Sincerely,
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
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 (‘‘Bureau’’) hereby notifies you
9 See
Notice of Suspension, 23 FCC Rcd at 8230.
47 CFR 54.8(a)(1), 54.8(a)(5), 54.8(d);
Notice of Suspension, 23 FCC Rcd at 8231.
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’’).
sroberts on PROD1PC70 with NOTICES
10 See
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18:52 Aug 26, 2008
Jkt 214001
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 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 coconspirators to suppress and eliminate
competition by submitting noncompetitive bids for the Project and
taking steps to ensure that the Project
was awarded to NEC–BNS and coconspirators.5
Pursuant to section 54.8(a)(4) of the
Commission’s rules,6 your conviction
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)).
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 para. 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.
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
50619
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 Bureau will decide
any request for reversal or modification
of suspension within 90 days of its
receipt of such request.12
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
7 47
CFR 54.8(a)(1), (d).
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).
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
8 Second
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Continued
27AUN1
50620
Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices
sroberts on PROD1PC70 with NOTICES
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, 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
[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
18:52 Aug 26, 2008
Jkt 214001
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 email 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. E8–19876 Filed 8–26–08; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[DA 08–1864]
Notice of Debarment; Schools and
Libraries Universal Service Support
Mechanism
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
The Enforcement Bureau (the
‘‘Bureau’’) debars Mr. George Marchelos
from the schools and libraries universal
service support mechanism (or ‘‘E-Rate
Program’’) for a period of three years
based on his conviction of wire fraud
and aiding and abetting, as well as
collusion and siding and abetting 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. George Marchelos receives the
debarment letter or August 27, 2008,
whichever date comes first, for a period
of three years.
FOR FURTHER INFORMATION CONTACT:
Rebekah Bina, Federal Communications
SUMMARY:
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
Commission, Enforcement Bureau,
Investigations and Hearings Division,
Room 4–C330, 445 12th Street, SW.,
Washington, DC 20554. Rebekah Bina
may be contacted by phone at (202)
418–7931 or e-mail at
Rebekah.Bina@fcc.gov. If Ms. Bina 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 debarred Mr. George Marchelos
from the schools and libraries universal
service support mechanism for a period
of three years pursuant to 47 CFR 54.8
and 47 CFR 0.111. Attached is the
debarment letter, DA 08–1864, which
was mailed to Mr. George Marchelos
and released on August 7, 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 email https://www.bcpiweb.com.
Federal Communications Commission.
Vickie Robinson,
Assistant Chief, Investigations and Hearings
Division, Enforcement Bureau.
The debarment letter, which attached
the suspension letter, follows:
August 7, 2008
DA 08–1864
VIA CERTIFIED MAIL RETURN
RECEIPT REQUESTED AND
FACSIMILE (415–436–7706)
Mr. George Marchelos,
c/o Geoffrey A. Hanson, Esq.,
Federal Public Defender,
19th Floor Federal Building—Box
36106,
450 Golden Gate Avenue,
San Francisco, CA 94102.
Re: Notice of Debarment, File No. EB–
08–IH–1140
Dear Mr. Marchelos:
Pursuant to section 54.8 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
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27AUN1
Agencies
[Federal Register Volume 73, Number 167 (Wednesday, August 27, 2008)]
[Notices]
[Pages 50618-50620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19876]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[DA 08-1865]
Notice of Debarment; Schools and Libraries Universal Service
Support Mechanism
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Enforcement Bureau (the ``Bureau'') debars Mr. William
Holman from the schools and libraries universal service support
mechanism (or ``E-Rate Program'') for a period of three years based on
his conviction of bid rigging 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. William Holman receives the
debarment letter or August 27, 2008, whichever date come first, for a
period of three years.
FOR FURTHER INFORMATION CONTACT: Rebekah Bina, Federal Communications
Commission, Enforcement Bureau, Investigations and Hearings Division,
Room 4-C330, 445 12th Street, SW., Washington, DC 20554. Rebekah Bina
may be contacted by phone at (202) 418-7931 or e-mail at
Rebekah.Bina@fcc.gov. If Ms. Bina 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. William Holman from
the schools and libraries universal service support mechanism for a
period of three years pursuant to 47 CFR 54.8 and 47 CFR 0.111.
Attached is the debarment letter, DA 08-1865, which was mailed to Mr.
William Holman and released on August 7, 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.
Vickie Robinson,
Assistant Chief, Investigations and Hearings Division, Enforcement
Bureau.
The debarment letter, which attached the suspension letter,
follows:
August 7, 2008.
DA 08-1865
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED AND FACSIMILE (415-773-
5759)
Mr. William Holman, c/o Walter F. Brown, Jr., Esq., Orrick, Herrington
& Sutcliffe, LLP, The Orrick Building, 405 Howard Street, San
Francisco, CA 94105-2669
Re: Notice of Debarment, File No. EB-08-IH-1142
Dear Mr. Holman: Pursuant to section 54.8 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\
---------------------------------------------------------------------------
\1\ See 47 CFR 0.111(a)(14), 54.8.
---------------------------------------------------------------------------
On May 19, 2008, the Enforcement Bureau (the ``Bureau'') sent you a
Notice of Suspension and Initiation of Debarment Proceedings (the
``Notice of Suspension'') \2\ as a result of your guilty plea and
subsequent conviction of bid-rigging, in violation of 15 U.S.C. 1, for
your activities as former Vice President of NEC-Business Network
Services (``NEC-BNS'') in connection with the Ceria Travis Academy E-
Rate project (``Project''). You responded through counsel on June 13,
2008,\3\ contesting certain language in the Notice of Suspension,
specifically, that 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 the Project was awarded to NEC-BNS and co-conspirators.''\4\
Citing the Plea Agreement, you clarified that it was NEC-BNS employees
other than yourself that submitted non-competitive bids and that
employees of another company took steps to ensure the success of the
conspiracy by discouraging and disqualifying bids from non-
conspirators.\5\ You further assert, among other things, that you
entered into what you understood to be a lawful agreement, and that you
``subsequently became aware of problems with NEC-BNS's participation in
the E-Rate program and raised these concerns with [your] superiors.''
\6\ In the Response, you do not dispute that you pled guilty to a
violation of 15 U.S.C. 1, but request that the Commission's record
reflect the factual circumstances surrounding your offense.\7\
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\2\ Letter from Hillary S. DeNigro, Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications
Commission, to Mr. William Holman, Notice of Suspension and
Initiation of Debarment Proceedings, 23 FCC Rcd 8228 (Inv. &
Hearings Div., Enf. Bur. 2008) (Attachment 1); see 73 Fed. Reg.
36082 (Jun. 25, 2008).
\3\ Letter from Walter F. Brown, Jr., Orrick, Herrington &
Sutcliffe, LLP to Diana Lee, Attorney Advisor, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications
Commission, dated June 13, 2008 (``Holman Response'' or
``Response''), attaching United States v. William Holman, Criminal
Docket No. 3:05-CR-00208-CRB-012, Plea Agreement (N.D.Cal. filed and
entered Apr. 6, 2007) (``Plea Agreement'').
\4\ Holman Response at 1; Notice of Suspension at 23 FCC Rcd at
8229.
\5\ Holman Response at 1, citing Plea Agreement, para. 4(f).
\6\ Id. at 2, citing Plea Agreement, para. 4(g).
\7\ Id. at 2.
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We grant your request and incorporate the cited Plea Agreement
language in the record for this debarment proceeding. Based on the
evidence in the record, we conclude that your conduct, as described in
the Plea Agreement, constitutes the basis for your debarment, and your
conviction falls within the categories of causes for debarment under
section 54.8(c) of the Commission's rules.\8\ For the foregoing
reasons, you are hereby debarred for a period of three years from the
debarment date, i.e., the earlier date of
[[Page 50619]]
your receipt of this Notice of Debarment or its publication date in the
Federal Register.\9\ 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.'' \10\
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\8\ 47 CFR 54.8(c).
\9\ See Notice of Suspension, 23 FCC Rcd at 8230.
\10\ See 47 CFR 54.8(a)(1), 54.8(a)(5), 54.8(d); Notice of
Suspension, 23 FCC Rcd at 8231.
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Sincerely,
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
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 (``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
para. 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 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\
[[Page 50620]]
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. E8-19876 Filed 8-26-08; 8:45 am]
BILLING CODE 6712-01-P