Notice of Agreements Filed, 48566 [E9-22986]
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48566
Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices
pending the Bureau’s final debarment
determination.23 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.24 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.25
Such requests, however, will not ordinarily
be granted.26 The Bureau may reverse or
limit the scope of suspension only upon a
finding of extraordinary circumstances.27
The Bureau will decide any request for
reversal or modification of suspension within
90 days of its receipt of such request.28
II. Initiation of Debarment Proceedings
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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 suspension and debarment defined
in section 54.8(c) of the Commission’s
rules.29 Therefore, pursuant to section 54.8 of
the Commission’s rules, your conviction
requires the Bureau to commence debarment
proceedings against you.30
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.31
Absent extraordinary circumstances, the
Bureau will debar you.32 The Bureau will
decide any request for reversal or limitation
of debarment within 90 days of receipt of
such request.33 If the Bureau decides to debar
you, its decision will become effective upon
the earlier of your receipt of a debarment
23 47 C.F.R. § 54.8(a)(7), (e)(1); see also Second
Report and Order, 18 FCC Rcd at 9226, ¶ 69.
24 47 C.F.R. § 54.8(e)(4).
25 Id.
26 Id.
27 47 C.F.R. § 54.8(f); see also Second Report and
Order, 18 FCC Rcd at 9226, ¶ 70.
28 47 C.F.R. § 54.8(e)(5), (f); see also Second
Report and Order, 18 FCC Rcd at 9226, ¶ 70;
29 ‘‘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 C.F.R. § 54.8(c). You were
convicted on various fraud charges. See supra note
4.
30 See 47 C.F.R. § 54.8(b), (c).
31 47 C.F.R. § 54.8(e)(3), (5); see also Second
Report and Order, 18 FCC Rcd at 9226, ¶ 70.
32 47 C.F.R. § 54.8(e)(5); see also Second Report
and Order, 18 FCC Rcd at 9227, ¶ 74.
33 47 C.F.R. § 54.8(e)(5), (f); see also Second
Report and Order, 18 FCC Rcd at 9226, ¶ 70.
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notice or publication of the decision in the
Federal Register.34
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.35 The Bureau may, if necessary to
protect the public interest, extend the
debarment period.36
Please direct any response, if by messenger
or hand delivery, to Marlene H. Dortch,
Secretary, Federal Communications
Commission, 236 Massachusetts Avenue,
N.E., Suite 110, Washington, D.C. 20002, to
the attention of Rebekah L. Bina, Attorney
Advisor, Investigations and Hearings
Division, Enforcement Bureau, Room 4–
C330, with a copy to Michele Levy Berlove,
Acting 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 Rebekah L. Bina,
Attorney Advisor, Investigations and
Hearings Division, Enforcement Bureau,
Federal Communications Commission, 445
12th Street, SW., Room 4–C327, Washington,
DC, 20554, with a copy to Michele Berlove,
Acting 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
Rebekah.Bina@fcc.gov and to
Michele.Berlove@fcc.gov.
If you have any questions, please contact
Ms. Bina via mail, by telephone at (202) 418–
7931 or by e-mail at Rebekah.Bina@fcc.gov.
If Ms. Bina is unavailable, you may contact
Ms. Michele Levy Berlove, Acting Assistant
Chief, Investigations and Hearings Division,
by telephone at (202) 418–1477 and by e-mail
at Michele.Berlove@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)
[FR Doc. E9–22963 Filed 9–22–09; 8:45 am]
BILLING CODE 6712–01–P
34 47 C.F.R. § 54.8(e)(5). 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 C.F.R. 54.8(f).
35 47 C.F.R. § 54.8(a)(1), (d), (g); see also Second
Report and Order, 18 FCC Rcd at 9225, ¶ 67.
36 47 C.F.R. § 54.8(g).
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FEDERAL MARITIME COMMISSION
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 the agreements to the Secretary,
Federal Maritime Commission,
Washington, DC 20573, within ten days
of the date this notice appears in the
Federal Register. Copies of the
agreements are available through the
Commission’s Web site (www.fmc.gov)
or by contacting the Office of
Agreements at (202)–523–5793 or
tradeanalysis@fmc.gov.
Agreement No.: 010071–036.
Title: Cruise Lines International
Association Agreement.
Parties: AMA Waterways; American
Cruise Lines, Inc.; Azamara Cruises;
Carnival Cruise Lines; Celebrity Cruises,
Inc.; Costa Cruise Lines; Crystal Cruises;
Cunard Line; Disney Cruise Line;
Holland America Line; Hurtigruten,
Inc.; Majestic America Line; MSC
Cruises; NCL Corporation; Oceania
Cruises; Orient Lines; Princess Cruises;
Regent Seven Seas Cruises; Royal
Caribbean International; Seabourn
Cruise Line; SeaDream Yacht Club;
Silversea Cruises, Ltd.; Uniworld River
Cruises, Inc.; and Windstar Cruises.
Filing Party: Terry Dale, President;
Cruise Lines International Association,
Inc.; 910 SE 17th Street, Suite 400; Fort
Lauderdale, FL 33316.
Synopsis: The amendment would add
Avalon Waterways and Paul Gauguin
Cruises and delete Majestic America
Line and Orient Lines as parties to the
agreement.
Agreement No.: 012081.
Title: MSC/CMA CGM Cross Slot
Charter Agreement.
Parties: CMA CGM. S.A. and MSC
Mediterranean Shipping Company S.A.
Filing Party: Draughn B. Arbona, Esq.;
CMA CGM (America) LLC; 5701 Lake
Wright Drive; Norfolk, VA 23502–1868.
Synopsis: The agreement would
authorize the parties to exchange slots
in the trade between California ports
and ports in China.
By Order of the Federal Maritime
Commission.
Dated: September 18, 2009.
Karen V. Gregory,
Secretary.
[FR Doc. E9–22986 Filed 9–22–09; 8:45 am]
BILLING CODE 6730–01–P
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Agencies
[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Notices]
[Page 48566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22986]
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FEDERAL MARITIME COMMISSION
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 the agreements to the Secretary, Federal Maritime
Commission, Washington, DC 20573, within ten days of the date this
notice appears in the Federal Register. Copies of the agreements are
available through the Commission's Web site (www.fmc.gov) or by
contacting the Office of Agreements at (202)-523-5793 or
tradeanalysis@fmc.gov.
Agreement No.: 010071-036.
Title: Cruise Lines International Association Agreement.
Parties: AMA Waterways; American Cruise Lines, Inc.; Azamara
Cruises; Carnival Cruise Lines; Celebrity Cruises, Inc.; Costa Cruise
Lines; Crystal Cruises; Cunard Line; Disney Cruise Line; Holland
America Line; Hurtigruten, Inc.; Majestic America Line; MSC Cruises;
NCL Corporation; Oceania Cruises; Orient Lines; Princess Cruises;
Regent Seven Seas Cruises; Royal Caribbean International; Seabourn
Cruise Line; SeaDream Yacht Club; Silversea Cruises, Ltd.; Uniworld
River Cruises, Inc.; and Windstar Cruises.
Filing Party: Terry Dale, President; Cruise Lines International
Association, Inc.; 910 SE 17th Street, Suite 400; Fort Lauderdale, FL
33316.
Synopsis: The amendment would add Avalon Waterways and Paul Gauguin
Cruises and delete Majestic America Line and Orient Lines as parties to
the agreement.
Agreement No.: 012081.
Title: MSC/CMA CGM Cross Slot Charter Agreement.
Parties: CMA CGM. S.A. and MSC Mediterranean Shipping Company S.A.
Filing Party: Draughn B. Arbona, Esq.; CMA CGM (America) LLC; 5701
Lake Wright Drive; Norfolk, VA 23502-1868.
Synopsis: The agreement would authorize the parties to exchange
slots in the trade between California ports and ports in China.
By Order of the Federal Maritime Commission.
Dated: September 18, 2009.
Karen V. Gregory,
Secretary.
[FR Doc. E9-22986 Filed 9-22-09; 8:45 am]
BILLING CODE 6730-01-P