Notice of Debarment; Schools and Libraries Universal Service Support Mechanism, 50622-50625 [E8-19878]
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50622
Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices
regarding the schools and libraries
support mechanism.17 Your suspension
becomes effective upon the earlier of
your receipt of this letter or publication
of notice in the Federal Register.18
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.19 Such requests,
however, will not ordinarily be
granted.20 The Bureau may reverse or
limit the scope of suspension only upon
a finding of extraordinary
circumstances.21 Absent extraordinary
circumstances, the Bureau will decide
any request for reversal or modification
of suspension within 90 days of its
receipt of such request.22
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.23
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
17 47
CFR 54.8(a)(1), (d).
Report and Order, 18 FCC Rcd at 9226,
para. 69; 47 CFR 54.8(e)(1).
19 47 CFR 54.8(e)(4).
20 Id.
21 47 CFR 54.8(e)(5).
22 See Second Report and Order, 18 FCC Rcd at
9226, para. 70; 47 CFR 54.8(e)(5), 54.8(f).
23 ‘‘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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18 Second
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and any relevant documentation within
30 calendar days of the earlier of the
receipt of this letter or of publication in
the Federal Register.24 Absent
extraordinary circumstances, the Bureau
will debar you.25 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.26 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.27
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.28 The
Bureau may, if necessary to protect the
public interest, extend the debarment
period.29
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
24 See Second Report and Order, 18 FCC Rcd at
9226, para. 70; 47 CFR 54.8(e)(3).
25 Second Report and Order, 18 FCC Rcd at 9227,
para. 74.
26 See id., 18 FCC Rcd at 9226, para. 70; 47 CFR
54.8(e)(5).
27 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).
28 Second Report and Order, 18 FCC Rcd at 9225,
para. 67; 47 CFR 54.8(d), 54.8(g).
29 Id.
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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,
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 (via mail)
[FR Doc. E8–19877 Filed 8–26–08; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[DA 08–1863]
Notice of Debarment; Schools and
Libraries Universal Service Support
Mechanism
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: The Enforcement Bureau (the
‘‘Bureau’’) debars Mr. Earl Nelson from
the schools and libraries universal
service support mechanism (or ‘‘E–Rate
Program’’) for a period of three years
based on his conviction of collusion and
aiding 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. Earl Nelson 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
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Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices
telephone at (202) 418–1420 and by email at vickie.robinson@fcc.gov.
SUPPLEMENTARY INFORMATION: The
Bureau debarred Mr. Earl Nelson 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 08–1863, which
was mailed to Mr. Earl Nelson 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
service 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 08–1863
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED AND
FACSIMILE (415–621–4111)
Mr. Earl Nelson
c/o Richard B. Mazer, Esq.
Law Offices of Richard Mazer
99 Divisadero Street
San Francisco, CA 94117
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Re: Notice of Debarment, File No. EB–
08–IH–1138
Dear Mr. Nelson:
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 That Notice of
Suspension was published in the
Federal Register on June 9, 2008.3 The
Notice of Suspension suspended you
from the schools and libraries universal
service support mechanism and
described the basis for initiation of
debarment proceedings against you, the
applicable debarment procedures, and
the effect of debarment.4
Pursuant to the Commission’s rules,
any opposition to your suspension or its
scope or to your proposed debarment or
its scope had to be filed with the
Commission no later than thirty (30)
calendar days from the earlier date of
your receipt of the Notice of Suspension
or publication of the Notice of
Suspension in the Federal Register.5
The Commission did not receive any
such opposition.
As discussed in the Notice of
Suspension, you pled guilty to and were
convicted of collusion and aiding and
abetting, in violation of 15 U.S.C. 1 and
18 U.S.C. 2, in connection with your
participation in the E–Rate program.6
You admitted to entering into and
engaging in a conspiracy to suppress
and restrain competition by submitting
collusive, noncompetitive, and rigged
bids for an E–Rate project.7 Such
conduct 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
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
Bureau, Federal Communications Commission, to
Mr. Earl Nelson, Notice of Suspension and
Initiation of Debarment Proceedings, 23 FCC Rcd
8215 (Inv. & Hearings Div., Enf. Bur. 2008)
(Attachment 1).
3 73 FR 32581 (June 9, 2008).
4 See Notice of Suspension, 23 FCC Rcd at 8216–
18.
5 See 47 CFR 54.8 (e)(3) and (4). That date
occurred no later than July 9, 2008. See supra note
3.
6 See
Notice of Suspension, 23 FCC Rcd at 8215–
16.
7 See
1 See
47 CFR 0.111(a), 54.8.
2 Letter from Hillary S. DeNigro, Chief,
Investigations and Hearings Division, Enforcement
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18:52 Aug 26, 2008
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id. at 8216.
CFR 54.8(c).
9 See 47 CFR 54.8(g). See also Notice of
Suspension, 23 FCC Rcd at 8217.
8 47
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50623
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 (via
mail).
May 19, 2008
DA 08–1180
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED AND
FACSIMILE (415–621–4111)
Mr. Earl Nelson
c/o Richard B. Mazer, Esq.
Law Offices of Richard Mazer
99 Divisadero Street
San Francisco, CA 94117
richardbmazer@yahoo.com
Re: Notice of Suspension and Initiation
of Debarment Proceedings, File No. EB–
08–IH–1138
Dear Mr. Nelson:
The Federal Communications
Commission (‘‘FCC’’ or ‘‘Commission’’)
has received notice of your conviction
of collusion and aiding and abetting, in
violation of 15 U.S.C. 1 and 18 U.S.C.
2, 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
10 See 47 CFR 54.8(a)(1), 54.8(a)(5), 54.8(d);
Notice of Suspension, 23 FCC Rcd at 8217–18.
1 Any further reference in this letter to ‘‘your
conviction’’ refers to your guilty plea and
subsequent conviction of collusion and aiding and
abetting. United States v. Earl Nelson, Criminal
Docket No. 3:05–CR–00208–CRB–011, Judgment
(N.D.Cal. filed and entered Mar. 21, 2008) (‘‘Earl
Nelson Judgment’’). See United States v. Video
Network Communications, Inc. et al., Criminal
Docket No. 3:05–CR–00208–CRB, Superseding
Indictment at paras. 79–80 (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
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Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices
I. Notice of Suspension
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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
collusion and aiding and abetting a
scheme to defraud the E–Rate program.4
You admitted that, as a former branch
manager of Inter-Tel Technologies, you
entered into and engaged in a
conspiracy with other defendants and
co-conspirators to suppress and restrain
competition by submitting collusive,
noncompetitive, and rigged bids for an
E-Rate project at the West Fresno
Elementary School District in Fresno,
California.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
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 VNCI Superseding Indictment at paras. 79–80.
5 See id. The Commission debarred Inter-Tel
Technologies, Inc. in 2006 for the company’s
conviction for mail fraud and conspiracy to
suppress and eliminate competition. See Inter-Tel
Technologies, Inc., Notice to Debarment, 21 FCC
Rcd 7506 (2006); 71 FR 42397 (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, George Marchelos, William Holman, and
Allan Green. We are sending separate notices of
suspension and initiation of debarment proceedings
to these individuals.
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).
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18:52 Aug 26, 2008
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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
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
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).
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).
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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
response should be sent to Diana Lee,
Attorney Advisor, Investigations and
Hearings Division, Enforcement Bureau,
Federal Communications Commission,
445 12th Street, SW., Room 4–C330,
Washington, DC 20554, with a copy to
Vickie Robinson, Assistant Chief,
Investigations and Hearings Division,
Enforcement Bureau, Federal
Communications Commission, 445 12th
Street, SW., Room 4–C330, Washington,
DC, 20554. You shall also transmit a
copy of the response via email to
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.
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Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices
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.
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 (vial
mail)
[FR Doc. E8–19878 Filed 8–26–08; 8:45 am]
BILLING CODE 6712–01–P
Sincerely yours,
Hillary S. DeNigro,
Item No.
Bureau
50625
FEDERAL COMMUNICATIONS
COMMISSION
Deletion of Agenda Items From August
22, 2008, Open Meeting
August 21, 2008.
The following items have been
deleted from the list of Agenda items
scheduled for consideration at the
August 22, 2008, Open Meeting and
previously listed in the Commission’s
Notice of August 15, 2008, 73 FR 49200,
August 20, 2008. Item No. 3 has been
adopted by the Commission.
Subject
1 .........................
Wireless Tele-Communications.
3 .........................
Media ......................................
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. E8–19982 Filed 8–25–08; 4:15 pm]
BILLING CODE 6712–01–P
Title: Reexamination of Roaming Obligations of Commercial Mobile Radio Service Providers
(WT Docket No. 05–265).
Summary: The Commission will consider a Memorandum Opinion and Order on Reconsideration addressing petitions for reconsideration of the Report and Order.
Title: Carriage of Digital Television Broadcast Signals: Amendment to Part 76 of the Commission’s Rules.
Summary: The Commission will consider a Fourth Report and Order concerning issues related to mandatory cable carriage of digital broadcast television signals after the conclusion of the digital (‘‘DTV’’) transition.
Meeting on the subject listed below, and
previously scheduled for Friday, August
22, 2008, at 445 12th Street, SW.,
Washington, DC. This item was
previously listed in the Commission’s
Notice of August 15, 2008, 73 FR 49200,
August 20, 2008.
FEDERAL COMMUNICATIONS
COMMISSION
Sunshine Act Meeting; Open
Commission Meeting Scheduled for
Friday, August 22, 2008, Cancelled
August 22, 2008.
The Federal Communications
Commission has cancelled the Open
Item No.
Bureau
Subject
2 ....................
Wireline Competition ................
Title: Implementation of the NET 911 Improvement Act.
Summary: The Commission will consider a Notice of Proposed Rulemaking regarding implementation of the New and Emerging Technologies 911 Improvement Act of 2008.
Additional information concerning
this meeting may be obtained from
Audrey Spivack or David Fiske, Office
of Media Relations, (202) 418–0500;
TTY 1–888–835–5322.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. E8–19981 Filed 8–26–08; 4:15 pm]
BILLING CODE 6712–01–P
FEDERAL MARITIME COMMISSION
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Notice of Agreements Filed
The Commission hereby gives notice
of the filing of the following agreements
under the Shipping Act of 1984.
Interested parties may submit comments
on agreements to the Secretary, Federal
Maritime Commission, Washington, DC
20573, within ten days of the date this
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18:52 Aug 26, 2008
Jkt 214001
notice appears in the Federal Register.
Copies of agreements are available
through the Commission’s Web site
(https://www.fmc.gov) or contacting the
Office of Agreements at (202) 523–5793
or tradeanalysis@fmc.gov.
Agreement No.: 010714–043.
Title: Trans-Atlantic American Flag
Liner Operators Agreement.
Parties: American President Lines,
Ltd.; American Roll-On Roll-Off Carrier,
LLC; Maersk Line Limited; and HapagLloyd USA, LLC.
Filing Party: Howard A. Levy, Esq.; 80
Wall Street, Suite 1117; New York, NY
10005.
Synopsis: The amendment deletes all
authority for members to discuss or
agree upon ocean port to port or other
tariff rates or rules applicable to
transportation between the United
States and Europe.
Agreement No.: 011426–041.
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
Title: West Coast of South America
Discussion Agreement.
Parties: APL Co. Pte Ltd.; Compania
Chilena de Navigacion Interoceanica,
S.A.; Compania Sud Americana de
Vapores, S.A.; Frontier Liner Services,
¨
Inc.; Hamburg-Sud; King Ocean Services
Limited, Inc.; Maruba S.C.A.;
Mediterranean Shipping Company, S.A.;
Seaboard Marine Ltd.; South Pacific
Shipping Company, Ltd.; and Trinity
Shipping Line.
Filing Party: Wayne R. Rohde, Esq.;
Sher & Blackwell LLP; 1850 M Street,
NW.; Suite 900; Washington, DC 20036.
Synopsis: The amendment removes
Hapag-Lloyd AG as a party to the
agreement.
Dated: August 22, 2008.
E:\FR\FM\27AUN1.SGM
27AUN1
]]>Agencies
[Federal Register Volume 73, Number 167 (Wednesday, August 27, 2008)]
[Notices]
[Pages 50622-50625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19878]
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FEDERAL COMMUNICATIONS COMMISSION
[DA 08-1863]
Notice of Debarment; Schools and Libraries Universal Service
Support Mechanism
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: The Enforcement Bureau (the ``Bureau'') debars Mr. Earl Nelson
from the schools and libraries universal service support mechanism (or
``E-Rate Program'') for a period of three years based on his conviction
of collusion and aiding 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. Earl Nelson 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
[[Page 50623]]
telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov.
SUPPLEMENTARY INFORMATION: The Bureau debarred Mr. Earl Nelson 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 08-1863, which was mailed to Mr. Earl Nelson
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 service 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 08-1863
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED AND FACSIMILE (415-621-4111)
Mr. Earl Nelson
c/o Richard B. Mazer, Esq.
Law Offices of Richard Mazer
99 Divisadero Street
San Francisco, CA 94117
Re: Notice of Debarment, File No. EB-08-IH-1138
Dear Mr. Nelson:
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\
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\1\ See 47 CFR 0.111(a), 54.8.
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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\ That Notice of Suspension was published
in the Federal Register on June 9, 2008.\3\ The Notice of Suspension
suspended you from the schools and libraries universal service support
mechanism and described the basis for initiation of debarment
proceedings against you, the applicable debarment procedures, and the
effect of debarment.\4\
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\2\ Letter from Hillary S. DeNigro, Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications
Commission, to Mr. Earl Nelson, Notice of Suspension and Initiation
of Debarment Proceedings, 23 FCC Rcd 8215 (Inv. & Hearings Div.,
Enf. Bur. 2008) (Attachment 1).
\3\ 73 FR 32581 (June 9, 2008).
\4\ See Notice of Suspension, 23 FCC Rcd at 8216-18.
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Pursuant to the Commission's rules, any opposition to your
suspension or its scope or to your proposed debarment or its scope had
to be filed with the Commission no later than thirty (30) calendar days
from the earlier date of your receipt of the Notice of Suspension or
publication of the Notice of Suspension in the Federal Register.\5\ The
Commission did not receive any such opposition.
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\5\ See 47 CFR 54.8 (e)(3) and (4). That date occurred no later
than July 9, 2008. See supra note 3.
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As discussed in the Notice of Suspension, you pled guilty to and
were convicted of collusion and aiding and abetting, in violation of 15
U.S.C. 1 and 18 U.S.C. 2, in connection with your participation in the
E-Rate program.\6\ You admitted to entering into and engaging in a
conspiracy to suppress and restrain competition by submitting
collusive, noncompetitive, and rigged bids for an E-Rate project.\7\
Such conduct 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 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\
\6\ See Notice of Suspension, 23 FCC Rcd at 8215-16.
\7\ See id. at 8216.
\8\ 47 CFR 54.8(c).
\9\ See 47 CFR 54.8(g). See also Notice of Suspension, 23 FCC
Rcd at 8217.
\10\ See 47 CFR 54.8(a)(1), 54.8(a)(5), 54.8(d); Notice of
Suspension, 23 FCC Rcd at 8217-18.
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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 (via mail).
May 19, 2008
DA 08-1180
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED AND FACSIMILE (415-621-4111)
Mr. Earl Nelson
c/o Richard B. Mazer, Esq.
Law Offices of Richard Mazer
99 Divisadero Street
San Francisco, CA 94117
richardbmazer@yahoo.com
Re: Notice of Suspension and Initiation of Debarment Proceedings, File
No. EB-08-IH-1138
Dear Mr. Nelson:
The Federal Communications Commission (``FCC'' or ``Commission'')
has received notice of your conviction of collusion and aiding and
abetting, in violation of 15 U.S.C. 1 and 18 U.S.C. 2, 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 collusion
and aiding and abetting. United States v. Earl Nelson, Criminal
Docket No. 3:05-CR-00208-CRB-011, Judgment (N.D.Cal. filed and
entered Mar. 21, 2008) (``Earl Nelson Judgment''). See United States
v. Video Network Communications, Inc. et al., Criminal Docket No.
3:05-CR-00208-CRB, Superseding Indictment at paras. 79-80 (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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[[Page 50624]]
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 collusion and aiding and abetting a
scheme to defraud the E-Rate program.\4\ You admitted that, as a former
branch manager of Inter-Tel Technologies, you entered into and engaged
in a conspiracy with other defendants and co-conspirators to suppress
and restrain competition by submitting collusive, noncompetitive, and
rigged bids for an E-Rate project at the West Fresno Elementary School
District in Fresno, California.\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\ VNCI Superseding Indictment at paras. 79-80.
\5\ See id. The Commission debarred Inter-Tel Technologies, Inc.
in 2006 for the company's conviction for mail fraud and conspiracy
to suppress and eliminate competition. See Inter-Tel Technologies,
Inc., Notice to Debarment, 21 FCC Rcd 7506 (2006); 71 FR 42397
(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, George Marchelos, William
Holman, and Allan Green. We are sending separate notices of
suspension and initiation of debarment proceedings to these
individuals.
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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\ 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 email to
[[Page 50625]]
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 (vial mail)
[FR Doc. E8-19878 Filed 8-26-08; 8:45 am]
BILLING CODE 6712-01-P
