Notice of Debarment; Schools and Libraries Universal Service Support Mechanism, 39940-39943 [2010-17027]
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39940
Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Notices
click on the downward–pointing arrow
in the ‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the right
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when the list of FCC ICRs currently
under review appears, look for the title
of this ICR (or its OMB Control Number,
if there is one) and then click on the ICR
Reference Number to view detailed
information about this ICR.
FOR FURTHER INFORMATION CONTACT:
Judith B. Herman, Office of Managing
Director, (202) 418–0214. For additional
information or copies of the information
collection(s), contact Judith B. Herman,
OMD, 202–418–0214 or email judith–
b.herman@fcc.gov.
jlentini on DSKJ8SOYB1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–1135.
Title: Revisions to Rules Authorizing
the Operation of Low Power Auxiliary
Stations (Including Wireless
Microphones).
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other for–
profit, not–for–profit institutions and
state, local or tribal government.
Number of Respondents and
Responses: 5,100 responses; 127,500
responses.
Estimated Time per Response: .25
hours (15 minutes).
Frequency of Response: Third party
disclosure requirements (disclosure and
labeling requirements).
Obligation to Respond: Mandatory.
Statutory authority for this information
collection is contained in 47 U.S.C.
sections 151, 152, 154(i),154(j), 301,
302(a), 303, 304, 307, 308, 309, 316, 332,
336 and 337.
Total Annual Burden: 31,875 hours.
Total Annual Cost: $1,625,000.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality:
There is no need for confidentiality
since these are third party disclosure
and labeling requirements.
Needs and Uses: The Commission
will submit this expiring information
collection during this comment period
to obtain the full three year clearance
from the Office of Management and
Budget (OMB). The Commission is
reporting a revision which is due to
elimination of the early clearing
requirement burden as it will be
unnecessary after June 12, 2010 while
keeping the disclosure and labeling
requirements that would allow the
Commission to clear the 700 MHz band
of wireless microphones and provide
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them a home in the core TV spectrum,
where many wireless microphones are
already operating. Therefore, the
Commission is reporting a 1,049 hour
program change reduction in burden.
The point–of–sale disclosure
requirement is necessary for a
successful transition of wireless
microphones out of the 700 MHz band.
The Commission anticipates that many
wireless microphone users currently
operating in the 700 MHz band will
have to purchase or lease new
equipment capable of operating in the
core TV spectrum. The point–of–sale
disclosure requirement will help these
consumers make an educated decision
as they obtain new microphones, and it
will help them operate in the core TV
spectrum without causing harmful
interference to other services in the
spectrum. Further, a label on 700 MHz
band wireless microphones bound for
export will help to ensure that these
wireless microphones do not continue
to be made available for use in the
United States, in contravention of our
efforts to remove them from the 700
MHz band.
Federal Communications Commission.
Marlene H. Dortch,
Secretary,
Office of the Secretary,
Office of Managing Director.
[FR Doc. 2010–16986 Filed 7–12–10; 8:45 am]
BILLING CODE 6712–01–S
418–0789 or e-mail at
Mindy.Littell@fcc.gov. If Ms. Littell is
unavailable, you may contact Mr. Trent
Harkrader, Deputy Chief, Investigations
and Hearings Division, by telephone at
(202) 418–2955 and by e-mail at
Trent.Harkrader@fcc.gov.
SUPPLEMENTARY INFORMATION: The
Commission debarred Mr. Rowner from
the schools and libraries universal
service support mechanism for a period
of three years pursuant to 47 CFR 521
and 47 CFR 0.111(a)(14). Attached is the
debarment letter, DA 10–1112, which
was mailed to Mr. Rowner and released
on June 23, 2010. The complete text of
the notice of debarment is available for
public inspection and copying center
during regular business hours at the
FCC Reference Information Center,
Portal II, 445 12th Street, SW., Room
CY–A257, Washington, DC 20554, In
addition, the complete text is available
on the FCC’s Web site at https://
www.fcc.gov. The text may also be
purchased from the Commission’s
duplicating inspection and copying
center during regular business hours at
the contractor, Best Copy and Printing,
Inc., Portal II, 445 12th Street, SW.,
Room CY–B420, Washington, DC 20554,
telephone (202) 488–5300 or (800) 378–
3160, facsimile (202) 488–5563, or via email https://www.bcpiweb.com.
Federal Communications Commission.
Hillary S. DeNigro,
Chief, Investigations and Hearings Division,
Enforcement Bureau.
The debarment letter follows:
FEDERAL COMMUNICATIONS
COMMISSION
June 23, 2010
[DA 10–1112]
DA 10–1112
Notice of Debarment; Schools and
Libraries Universal Service Support
Mechanism
VIA CERTIFIED MAIL RETURN
RECEIPT REQUESTED AND EMAIL (Ben@Rowner.com)
Mr. Benjamin Rowner
c/o Federal Correctional Institution
Otisville, NY Satellite Prison Camp
P.O. Box 1000
Otisville, NY 10963
Re: Notice of Debarment
File No. EB–10–IH–2079
Dear Mr. Rowner:
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 April 7, 2010, the Enforcement
Bureau (the ‘‘Bureau’’) sent you a Notice
of Suspension and Initiation of
Debarment Proceedings (the ‘‘Notice of
AGENCY: Federal Communications
Commission.
ACTION: Notice.
SUMMARY: The Federal Communications
Commission (the ‘‘Commission’’) debars
Mr. Rowner from the schools and
libraries universal service support
mechanism for a period of three years.
DATES: Debarment commences on the
date Mr. Benjamin Rowner receives the
debarment letter or July 13, 2010,
whichever date come first, for a period
of three years.
FOR FURTHER INFORMATION CONTACT:
Mindy Littell, Federal Communications
Commission, Enforcement Bureau,
Investigations and Hearings Division,
Room 4–A331, 445 12th Street, SW.,
Washington, DC 20554. Mindy Littell
may be contacted by phone at (202)
PO 00000
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1 47 CFR 54.8(g)(2008). See also 47 CFR
0.111(a)(14).
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Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
Suspension’’).2 That Notice of
Suspension was published in the
Federal Register on April 21, 2010.3
The Notice of Suspension suspended
you from participating in activities
associated with or relating to 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 pleaded guilty to and
were sentenced to serve twenty-seven
months in federal prison, to be followed
by twenty-four months of supervised
release for federal crimes in connection
with your participation in a scheme to
defraud the E-Rate program.6 You held
yourself out as an E-Rate salesperson
and installer and admitted that you and
others devised schemes to defraud
school districts and the E-Rate program
by having your co-conspirators steer Erate related contracts to various
companies that directly benefited
you,your conspirators, and your
company.7 You were also ordered to pay
$271,716 in restitution to USAC for your
role in the schemes.8 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
2 Letter from Hillary S. DeNigro, Chief,
Investigations and Hearings Division, Enforcement
Bureau, Federal Communications Commission, to
Mr. Benjamin Rowner, Notice of Suspension and
Initiation of Debarment Proceedings, 25 FCC Rcd
3512 (Inv. & Hearings Div., Enf. Bur. 2010)
(Attachment 1) (‘‘Notice of Suspension’’).
3 75 Fed. Reg. 20846 (April 21, 2010).
4 See Notice of Suspension, 25 FCC Rcd at 3513–
15.
5 See 47 CFR 54.8 (e)(3), (4). That date occurred
no later than May 21, 2010. See supra note 3.
6 See Notice of Suspension, 25 FCC Rcd at 3513.
See also United States v. Benjamin Rowner,
Criminal Docket No. 1:08–cr–00464–1, Plea
Agreement (N.D. Ill. filed Feb. 4, 2010 and entered
Mar. 15, 2010) (‘‘Rowner Judgment’’); United States
v. Benjamin Rowner, Criminal Docket No. 1:08–cr–
00464–1, Plea Agreement (N.D. Ill. filed July 10,
2008 and entered July 14, 2008) (‘‘Rowner Plea’’);
United States v. Benjamin Rowner and Jay H. Soled,
Criminal Docket No. 1:08–cr–20047–01–02 CM/JPO,
Information (D. Kan. filed and entered Apr. 23,
2008) (‘‘Rowner and Soled Information’’).
7 See Notice of Suspension, 25 FCC Rcd at 3513.
8 Id.
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Commission’s rules.9 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.10
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.11
Sincerely,
Hillary S. DeNigro
Chief, Investigations and Hearings
Division Enforcement Bureau
cc: Marietta Parker, United States
Attorney’s Office, Department of
Justice (via e-mail) Kristy Carroll,
Esq., Universal Service
Administrative Company (via email)
April 7, 2010
DA 10–584
VIA CERTIFIED MAIL RETURN
RECEIPT REQUESTED AND E-MAIL
(jmontana@vedderprice.com AND
FACSIMILE (312) 609–5005
Mr. Benjamin Rowner
c/o Vedder Price P.C.
Attn: James S. Montana, Jr.
222 North LaSalle Street, Suite 2600
Chicago, IL 60601
Re: Notice of Suspension and Initiation
of Debarment Proceedings
File No. EB–10–IH–2079
Dear Mr. Rowner:
The Federal Communications
Commission (‘‘FCC’’ or ‘‘Commission’’)
has received notice of your guilty plea
for conspiracy to defraud the United
States in violation of 18 U.S.C. 371 in
connection with your participation in
the schools and libraries universal
service support mechanism (‘‘E-Rate
program’’).12 Consequently, pursuant to
CFR 54.8(c). See also 54.8(a)(4), (b)–(e).
47 CFR 54.8(e)(5), (g). See also Notice of
Suspension, 25 FCC Rcd at 3515.
11 See 47 CFR 54.8(a)(1), (a)(5), (d), (g); Notice of
Suspension, 25 FCC Rcd at 3515.
12 Any further reference in this letter to ‘‘your
conviction’’ refers to your guilty plea and
subsequent sentencing for conspiracy to defraud the
United States. United States v. Benjamin Rowner,
Criminal Docket No. 1:08–cr–00464–1, Plea
Agreement (N.D. Ill. filed Feb. 4, 2010 and entered
Mar. 15, 2010) (‘‘Rowner Judgment’’); United States
v. Benjamin Rowner, Criminal Docket No. 1:08–cr–
00464–1, Plea Agreement (N.D. Ill. filed July 10,
2008 and entered July 14, 2008) (‘‘Rowner Plea’’);
PO 00000
9 47
10 See
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39941
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.13
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.14 On July 10, 2008, you,
Benjamin Rowner, entered a plea
agreement and pleaded guilty to
knowingly and intentionally conspiring
with others to defraud and obtain
money from the E-Rate Program through
submission of materially false
representations, concealment of material
facts, mail fraud, wire fraud, and
intentional manipulation of the
competitive bidding process.15
Specifically, from Fall 1999 to at least
November 2003, you held yourself out
as an E-Rate salesperson and installer
for the purpose of defrauding the E-Rate
Program.16 You admitted that you and
others devised schemes to defraud
school districts and the E-Rate program
United States v. Benjamin Rowner and Jay H. Soled,
Criminal Docket No. 1:08–cr–20047–01–02 CM/JPO,
Information (D. Kan. filed and entered Apr. 23,
2008) (‘‘Rowner and Soled Information’’).
13 47 CFR 54.8; see also 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 of the Commission’s rules 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)).
14 Second Report and Order, 18 FCC Rcd at 9225,
¶ 66. 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).
15 Rowner Plea at 2–3; see also Rowner and Soled
Information at 5–12; Department of Justice Press
Release (Apr. 23, 2008), available at https://
www.justice.gov/atr/public/press_releases/2008/
232526.htm (‘‘DOJ April 2008 Press Release’’).
16 Rowner Plea at 3–8; see also Rowner and Soled
Information at 5–12.
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Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Notices
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by having your co-conspirators steer Erate related contracts to various
companies that directly benefited you,
your conspirators, and your company,
primarily DeltaNet, Inc.17 In furtherance
of the schemes, you submitted
misleading, fraudulent and false
documents to the Universal Service
Administrative Company (‘‘USAC’’)
claiming schools were paid or would
pay their co-pay, submitted other
materially false and fraudulent
documents to USAC, and concealed
from the school districts relationships
with co-conspirators in order to induce
schools to select your companies as
service providers in violation of E-Rate
Program rules.18 Ultimately, your
conspiracy was comprised of two
closely related schemes that affected at
least thirteen different schools in eight
different states across the United
States.19
On February 4, 2010, you were
sentenced to serve twenty-seven months
in prison, to be followed by twenty-four
months of supervised release for your
role in the scheme to defraud the E-Rate
program.20 You were also ordered to pay
$271,716 in restitution to USAC for your
role in the schemes.21
Pursuant to section 54.8 of the
Commission’s rules, your conviction
requires the Bureau to suspend you
from participating in any activities
associated with or related to the schools
and libraries support mechanism.22
Such activities include 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.23
Your suspension becomes effective
upon the earlier of your receipt of this
letter or publication of notice in the
Federal Register, pending the Bureau’s
17 Rowner Plea at 3–8; see also Rowner and Soled
Information at 5–12; Department of Justice Press
Release (Feb. 4, 2010), available at https://
chicago.fbi.gov/dojpressrel/pressrel10/
cg020410a.htm (‘‘DOJ February 2010 Press
Release’’).
18 Rowner Plea at 3–8; see also Rowner and Soled
Information at 5–12.
19 Rowner Plea at 4–6; see also Rowner and Soled
Information at 8–11 (Listing the schools and states
including Wisconsin, Illinois, Kansas, California,
Oregon, New York, New Jersey, and Arkansas); DOJ
February 2010 Press Release at 1.
20 Rowner Judgment at 2–3; see also DOJ February
2010 Press Release at 1.
21 Rowner Judgment at 4–5 (You were also
ordered to pay a $100 assessment); see also DOJ
February 2010 Press Release at 1.
22 47 CFR 54.8(b)–(e); see also 47 CFR 54.8(a)(4);
Second Report and Order, 18 FCC Rcd at 9225–27,
¶¶ 67–74.
23 47 CFR 54.8(a)(1); see also 47 CFR 54.8(a)(3).
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final debarment determination.24 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.25 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.26 Such requests,
however, will not ordinarily be
granted.27 The Bureau may reverse or
limit the scope of suspension only upon
a finding of extraordinary
circumstances.28 The Bureau will
decide any request for reversal or
modification of suspension within 90
days of its receipt of such request.29
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.30
Therefore, pursuant to section 54.8 of
the Commission’s rules, your conviction
requires the Bureau to commence
debarment proceedings against you.31
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.32 Absent
extraordinary circumstances, the Bureau
will debar you.33 The Bureau will
24 47 CFR 54.8(a)(7), (e)(1); see also Second
Report and Order, 18 FCC Rcd at 9226, ¶ 69.
25 47 CFR 54.8(e)(4).
26 Id.
27 Id.
28 47 CFR 54.8(e)(5).
29 See Second Report and Order, 18 FCC Rcd at
9226, ¶ 70; see also 47 CFR 54.8(e)(5), (f).
30 ‘‘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.’’ 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 mechanism.’’ 47 CFR 54.8(a)(1).
31 See 47 CFR 54.8(b), (c).
32 See 47 CFR 54.8(e)(3), (e)(5); see also Second
Report and Order, 18 FCC Rcd at 9226, ¶ 70.
33 47 CFR 54.8(e)(5); see also Second Report and
Order, 18 FCC Rcd at 9227, ¶ 74.
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decide any request for reversal or
limitation of debarment within 90 days
of receipt of such request.34 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.35
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.36 The
Bureau may, if necessary to protect the
public interest, extend the debarment
period.37
Please direct any response, if by
messenger or hand delivery, to Marlene
H. Dortch, Secretary, Federal
Communications Commission, 445 12th
Street, S.W., Room TW–A325,
Washington, DC 20554, to the attention
of Rebekah 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
Bina, Attorney Advisor, Investigations
and Hearings Division, Enforcement
Bureau, Federal Communications
Commission, 445 12th Street, S.W.,
Room 4–C330, Washington, DC 20554,
with a copy to Michele Levy Berlove,
Acting Assistant Chief, Investigations
and Hearings Division, Enforcement
Bureau, Federal Communications
Commission, 445 12th Street, S.W.,
Room 4–C330, Washington, DC, 20554.
You shall also transmit a copy of the
response via 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
34 See 47 CFR 54.8(e)(5), (f); see also Second
Report and Order, 18 FCC Rcd at 9226, ¶ 70.
35 47 CFR 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 CFR 54.8(f).
36 Second Report and Order, 18 FCC Rcd at 9225,
¶ 67; 47 CFR 54.8(d), (g).
37 47 CFR 54.8(g).
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Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Notices
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,
Hillary S. DeNigro,
Chief, Investigations and Hearings
Division, Enforcement Bureau
cc: United States Attorney’s Office,
Department of Justice (via e-mail),
Kristy Carroll, Esq., Universal
Service Administrative Company
(via e-mail)
[FR Doc. 2010–17027 Filed 7–12–10; 8:45 am]
BILLING CODE 6712–01–P
June 23, 2010
[DA 10–1113]
DA 10–1113
Notice of Debarment; Schools and
Libraries Universal Service Support
Mechanism
VIA CERTIFIED MAIL RETURN
RECEIPT REQUESTED AND E-MAIL
(mdm@monico-law.com) AND
FACSIMILE (312) 853–2187
AGENCY: Federal Communications
Commission.
ACTION: Notice.
SUMMARY: The Federal Communications
Commission (the ‘‘Commission’’) debars
Mr. Soled from the schools and libraries
universal service support mechanism
for a period of three years.
DATES: Debarment commences on the
date Mr. Jay H. Soled receives the
debarment letter or July 13, 2010,
whichever date comes first, for a period
of three years.
FOR FURTHER INFORMATION CONTACT:
Mindy Littell, Federal Communications
Commission, Enforcement Bureau,
Investigations and Hearings Division,
Room 4–A331, 445 12th Street, SW.,
Washington, DC 20554. Mindy Littell
may be contacted by phone at (202)
418–0789 or e-mail at
Mindy.Littell@fcc.gov. If Ms. Littell is
unavailable, you may contact Mr. Trent
Harkrader, Deputy Chief, Investigations
and Hearings Division, by telephone at
(202) 418–2955 and by e-mail at
Trent.Harkrader@fcc.gov.
The
Commission debarred Mr. Soled from
the schools and libraries universal
service support mechanism for a period
of three years pursuant to 47 CFR 521
and 47 CFR 0.111(a)(14). Attached is the
debarment letter, DA 10–1113, which
was mailed to Mr. Soled and released on
June 23, 2010. The complete text of the
notice of debarment is available for
public inspection and copying during
regular business hours at the FCC
SUPPLEMENTARY INFORMATION:
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Communications Commission.
Hillary S. DeNigro,
Chief, Investigations and Hearings Division,
Enforcement Bureau.
The debarment letter follows:
FEDERAL COMMUNICATIONS
COMMISSION
VerDate Mar<15>2010
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.
18:15 Jul 12, 2010
Jkt 220001
Mr. Jay H. Soled,
c/o Monico, Pavich & Spevack
Attn: Michael D. Monico
20 South Clark Street, Suite 700
Chicago, IL 60603
Re: Notice of Debarment
File No. EB–10–IH–2080
Dear Mr. Soled:
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 April 7, 2010, 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 April 21, 2010.3
The Notice of Suspension suspended
you from participating in activities
associated with or relating to the
schools and libraries universal service
support mechanism and described the
basis for initiation of debarment
proceedings against you, the applicable
1 47 CFR 54.8(g) (2008). See also 47 CFR
0.111(a)(14).
2 Letter from Hillary S. DeNigro, Chief,
Investigations and Hearings Division, Enforcement
Bureau, Federal Communications Commission, to
Mr. Jay H. Soled, Notice of Suspension and
Initiation of Debarment Proceedings, 25 FCC Rcd
3517 (Inv. & Hearings Div., Enf. Bur. 2010)
(Attachment 1) (‘‘Notice of Suspension’’).
3 75 FR 20844 (April 21, 2010).
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
39943
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 pleaded guilty to and
were sentenced to serve twenty-seven
months in federal prison, to be followed
by twenty-four months of supervised
release for federal crimes in connection
with your participation in a scheme to
defraud the E-Rate program.6 You held
yourself out as an E-Rate salesperson
and installer and admitted that you and
others devised schemes to defraud
school districts and the E-Rate program
by having your co-conspirators steer Erate related contracts to various
companies that directly benefited you,
your conspirators, and your company.7
You were also ordered to pay $271,716
in restitution to USAC for your role in
the schemes.8 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.9 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.10
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
4 See
Notice of Suspension, 25 FCC Rcd at 3518–
21.
5 See 47 CFR 54.8(e)(3), (4). That date occurred no
later than May 21, 2010. See supra note 3.
6 See Notice of Suspension, 25 FCC Rcd at 3518.
See also United States v. Jay H. Soled, Criminal
Docket No. 1:08–cr–00464–2, Plea Agreement (N.D.
Ill. filed Feb. 4, 2010 and entered Mar. 15, 2010)
(‘‘Soled Judgment’’); United States v. Jay H. Soled,
Criminal Docket No. 1:08–cr–00464–2, Plea
Agreement (N.D. Ill. filed July 10, 2008 and entered
July 14, 2008) (‘‘Soled Plea’’); United States v.
Benjamin Rowner and Jay H. Soled, Criminal
Docket No. 1:08–cr–20047–01–02 CM/JPO,
Information (D. Kan. filed and entered Apr. 23,
2008) (‘‘Rowner and Soled Information’’).
7 See Notice of Suspension, 25 FCC Rcd at 3518.
8 Id.
9 47 CFR 54.8(c). See also 54.8(a)(4), (b)–(e).
10 See 47 CFR 54.8(e)(5), (g). See also Notice of
Suspension, 25 FCC Rcd at 3520.
E:\FR\FM\13JYN1.SGM
13JYN1
]]>Agencies
[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Notices]
[Pages 39940-39943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17027]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[DA 10-1112]
Notice of Debarment; Schools and Libraries Universal Service
Support Mechanism
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (the ``Commission'')
debars Mr. Rowner from the schools and libraries universal service
support mechanism for a period of three years.
DATES: Debarment commences on the date Mr. Benjamin Rowner receives the
debarment letter or July 13, 2010, whichever date come first, for a
period of three years.
FOR FURTHER INFORMATION CONTACT: Mindy Littell, Federal Communications
Commission, Enforcement Bureau, Investigations and Hearings Division,
Room 4-A331, 445 12th Street, SW., Washington, DC 20554. Mindy Littell
may be contacted by phone at (202) 418-0789 or e-mail at
Mindy.Littell@fcc.gov. If Ms. Littell is unavailable, you may contact
Mr. Trent Harkrader, Deputy Chief, Investigations and Hearings
Division, by telephone at (202) 418-2955 and by e-mail at
Trent.Harkrader@fcc.gov.
SUPPLEMENTARY INFORMATION: The Commission debarred Mr. Rowner from the
schools and libraries universal service support mechanism for a period
of three years pursuant to 47 CFR 521 and 47 CFR 0.111(a)(14). Attached
is the debarment letter, DA 10-1112, which was mailed to Mr. Rowner and
released on June 23, 2010. The complete text of the notice of debarment
is available for public inspection and copying center during regular
business hours at the FCC Reference Information Center, Portal II, 445
12th Street, SW., Room CY-A257, Washington, DC 20554, In addition, the
complete text is available on the FCC's Web site at https://www.fcc.gov.
The text may also be purchased from the Commission's duplicating
inspection and copying center during regular business hours at the
contractor, Best Copy and Printing, Inc., Portal II, 445 12th Street,
SW., Room CY-B420, Washington, DC 20554, telephone (202) 488-5300 or
(800) 378-3160, facsimile (202) 488-5563, or via e-mail https://www.bcpiweb.com.
Federal Communications Commission.
Hillary S. DeNigro,
Chief, Investigations and Hearings Division, Enforcement Bureau.
The debarment letter follows:
June 23, 2010
DA 10-1112
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED AND E-MAIL (Ben@Rowner.com)
Mr. Benjamin Rowner
c/o Federal Correctional Institution
Otisville, NY Satellite Prison Camp
P.O. Box 1000
Otisville, NY 10963
Re: Notice of Debarment
File No. EB-10-IH-2079
Dear Mr. Rowner:
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\ 47 CFR 54.8(g)(2008). See also 47 CFR 0.111(a)(14).
---------------------------------------------------------------------------
On April 7, 2010, the Enforcement Bureau (the ``Bureau'') sent you
a Notice of Suspension and Initiation of Debarment Proceedings (the
``Notice of
[[Page 39941]]
Suspension'').\2\ That Notice of Suspension was published in the
Federal Register on April 21, 2010.\3\ The Notice of Suspension
suspended you from participating in activities associated with or
relating to 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\
---------------------------------------------------------------------------
\2\ Letter from Hillary S. DeNigro, Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications
Commission, to Mr. Benjamin Rowner, Notice of Suspension and
Initiation of Debarment Proceedings, 25 FCC Rcd 3512 (Inv. &
Hearings Div., Enf. Bur. 2010) (Attachment 1) (``Notice of
Suspension'').
\3\ 75 Fed. Reg. 20846 (April 21, 2010).
\4\ See Notice of Suspension, 25 FCC Rcd at 3513-15.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\5\ See 47 CFR 54.8 (e)(3), (4). That date occurred no later
than May 21, 2010. See supra note 3.
---------------------------------------------------------------------------
As discussed in the Notice of Suspension, you pleaded guilty to and
were sentenced to serve twenty-seven months in federal prison, to be
followed by twenty-four months of supervised release for federal crimes
in connection with your participation in a scheme to defraud the E-Rate
program.\6\ You held yourself out as an E-Rate salesperson and
installer and admitted that you and others devised schemes to defraud
school districts and the E-Rate program by having your co-conspirators
steer E-rate related contracts to various companies that directly
benefited you,your conspirators, and your company.\7\ You were also
ordered to pay $271,716 in restitution to USAC for your role in the
schemes.\8\ 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.\9\ 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.\10\
---------------------------------------------------------------------------
\6\ See Notice of Suspension, 25 FCC Rcd at 3513. See also
United States v. Benjamin Rowner, Criminal Docket No. 1:08-cr-00464-
1, Plea Agreement (N.D. Ill. filed Feb. 4, 2010 and entered Mar. 15,
2010) (``Rowner Judgment''); United States v. Benjamin Rowner,
Criminal Docket No. 1:08-cr-00464-1, Plea Agreement (N.D. Ill. filed
July 10, 2008 and entered July 14, 2008) (``Rowner Plea''); United
States v. Benjamin Rowner and Jay H. Soled, Criminal Docket No.
1:08-cr-20047-01-02 CM/JPO, Information (D. Kan. filed and entered
Apr. 23, 2008) (``Rowner and Soled Information'').
\7\ See Notice of Suspension, 25 FCC Rcd at 3513.
\8\ Id.
\9\ 47 CFR 54.8(c). See also 54.8(a)(4), (b)-(e).
\10\ See 47 CFR 54.8(e)(5), (g). See also Notice of Suspension,
25 FCC Rcd at 3515.
---------------------------------------------------------------------------
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.\11\
---------------------------------------------------------------------------
\11\ See 47 CFR 54.8(a)(1), (a)(5), (d), (g); Notice of
Suspension, 25 FCC Rcd at 3515.
---------------------------------------------------------------------------
Sincerely,
Hillary S. DeNigro
Chief, Investigations and Hearings Division Enforcement Bureau
cc: Marietta Parker, United States Attorney's Office, Department of
Justice (via e-mail) Kristy Carroll, Esq., Universal Service
Administrative Company (via e-mail)
April 7, 2010
DA 10-584
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED AND E-MAIL
(jmontana@vedderprice.com AND FACSIMILE (312) 609-5005
Mr. Benjamin Rowner
c/o Vedder Price P.C.
Attn: James S. Montana, Jr.
222 North LaSalle Street, Suite 2600
Chicago, IL 60601
Re: Notice of Suspension and Initiation of Debarment Proceedings
File No. EB-10-IH-2079
Dear Mr. Rowner:
The Federal Communications Commission (``FCC'' or ``Commission'')
has received notice of your guilty plea for conspiracy to defraud the
United States in violation of 18 U.S.C. 371 in connection with your
participation in the schools and libraries universal service support
mechanism (``E-Rate program'').\12\ 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.\13\
---------------------------------------------------------------------------
\12\ Any further reference in this letter to ``your conviction''
refers to your guilty plea and subsequent sentencing for conspiracy
to defraud the United States. United States v. Benjamin Rowner,
Criminal Docket No. 1:08-cr-00464-1, Plea Agreement (N.D. Ill. filed
Feb. 4, 2010 and entered Mar. 15, 2010) (``Rowner Judgment'');
United States v. Benjamin Rowner, Criminal Docket No. 1:08-cr-00464-
1, Plea Agreement (N.D. Ill. filed July 10, 2008 and entered July
14, 2008) (``Rowner Plea''); United States v. Benjamin Rowner and
Jay H. Soled, Criminal Docket No. 1:08-cr-20047-01-02 CM/JPO,
Information (D. Kan. filed and entered Apr. 23, 2008) (``Rowner and
Soled Information'').
\13\ 47 CFR 54.8; see also 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 of the Commission's rules 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)).
---------------------------------------------------------------------------
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.\14\ On July 10, 2008, you, Benjamin Rowner, entered a plea
agreement and pleaded guilty to knowingly and intentionally conspiring
with others to defraud and obtain money from the E-Rate Program through
submission of materially false representations, concealment of material
facts, mail fraud, wire fraud, and intentional manipulation of the
competitive bidding process.\15\ Specifically, from Fall 1999 to at
least November 2003, you held yourself out as an E-Rate salesperson and
installer for the purpose of defrauding the E-Rate Program.\16\ You
admitted that you and others devised schemes to defraud school
districts and the E-Rate program
[[Page 39942]]
by having your co-conspirators steer E-rate related contracts to
various companies that directly benefited you, your conspirators, and
your company, primarily DeltaNet, Inc.\17\ In furtherance of the
schemes, you submitted misleading, fraudulent and false documents to
the Universal Service Administrative Company (``USAC'') claiming
schools were paid or would pay their co-pay, submitted other materially
false and fraudulent documents to USAC, and concealed from the school
districts relationships with co-conspirators in order to induce schools
to select your companies as service providers in violation of E-Rate
Program rules.\18\ Ultimately, your conspiracy was comprised of two
closely related schemes that affected at least thirteen different
schools in eight different states across the United States.\19\
---------------------------------------------------------------------------
\14\ Second Report and Order, 18 FCC Rcd at 9225, ] 66. 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).
\15\ Rowner Plea at 2-3; see also Rowner and Soled Information
at 5-12; Department of Justice Press Release (Apr. 23, 2008),
available at https://www.justice.gov/atr/public/press_releases/2008/232526.htm (``DOJ April 2008 Press Release'').
\16\ Rowner Plea at 3-8; see also Rowner and Soled Information
at 5-12.
\17\ Rowner Plea at 3-8; see also Rowner and Soled Information
at 5-12; Department of Justice Press Release (Feb. 4, 2010),
available at https://chicago.fbi.gov/dojpressrel/pressrel10/cg020410a.htm (``DOJ February 2010 Press Release'').
\18\ Rowner Plea at 3-8; see also Rowner and Soled Information
at 5-12.
\19\ Rowner Plea at 4-6; see also Rowner and Soled Information
at 8-11 (Listing the schools and states including Wisconsin,
Illinois, Kansas, California, Oregon, New York, New Jersey, and
Arkansas); DOJ February 2010 Press Release at 1.
---------------------------------------------------------------------------
On February 4, 2010, you were sentenced to serve twenty-seven
months in prison, to be followed by twenty-four months of supervised
release for your role in the scheme to defraud the E-Rate program.\20\
You were also ordered to pay $271,716 in restitution to USAC for your
role in the schemes.\21\
---------------------------------------------------------------------------
\20\ Rowner Judgment at 2-3; see also DOJ February 2010 Press
Release at 1.
\21\ Rowner Judgment at 4-5 (You were also ordered to pay a $100
assessment); see also DOJ February 2010 Press Release at 1.
---------------------------------------------------------------------------
Pursuant to section 54.8 of the Commission's rules, your conviction
requires the Bureau to suspend you from participating in any activities
associated with or related to the schools and libraries support
mechanism.\22\ Such activities include 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.\23\
---------------------------------------------------------------------------
\22\ 47 CFR 54.8(b)-(e); see also 47 CFR 54.8(a)(4); Second
Report and Order, 18 FCC Rcd at 9225-27, ]] 67-74.
\23\ 47 CFR 54.8(a)(1); see also 47 CFR 54.8(a)(3).
---------------------------------------------------------------------------
Your suspension becomes effective upon the earlier of your receipt
of this letter or publication of notice in the Federal Register,
pending the Bureau's final debarment determination.\24\ 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.\25\ 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.\26\
Such requests, however, will not ordinarily be granted.\27\ The Bureau
may reverse or limit the scope of suspension only upon a finding of
extraordinary circumstances.\28\ The Bureau will decide any request for
reversal or modification of suspension within 90 days of its receipt of
such request.\29\
---------------------------------------------------------------------------
\24\ 47 CFR 54.8(a)(7), (e)(1); see also Second Report and
Order, 18 FCC Rcd at 9226, ] 69.
\25\ 47 CFR 54.8(e)(4).
\26\ Id.
\27\ Id.
\28\ 47 CFR 54.8(e)(5).
\29\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; see
also 47 CFR 54.8(e)(5), (f).
---------------------------------------------------------------------------
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.\30\ Therefore, pursuant to section
54.8 of the Commission's rules, your conviction requires the Bureau to
commence debarment proceedings against you.\31\
---------------------------------------------------------------------------
\30\ ``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.'' 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
mechanism.'' 47 CFR 54.8(a)(1).
\31\ See 47 CFR 54.8(b), (c).
---------------------------------------------------------------------------
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.\32\ Absent
extraordinary circumstances, the Bureau will debar you.\33\ The Bureau
will decide any request for reversal or limitation of debarment within
90 days of receipt of such request.\34\ 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.\35\
---------------------------------------------------------------------------
\32\ See 47 CFR 54.8(e)(3), (e)(5); see also Second Report and
Order, 18 FCC Rcd at 9226, ] 70.
\33\ 47 CFR 54.8(e)(5); see also Second Report and Order, 18 FCC
Rcd at 9227, ] 74.
\34\ See 47 CFR 54.8(e)(5), (f); see also Second Report and
Order, 18 FCC Rcd at 9226, ] 70.
\35\ 47 CFR 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 CFR
54.8(f).
---------------------------------------------------------------------------
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.\36\ The Bureau may, if necessary to protect the
public interest, extend the debarment period.\37\
---------------------------------------------------------------------------
\36\ Second Report and Order, 18 FCC Rcd at 9225, ] 67; 47 CFR
54.8(d), (g).
\37\ 47 CFR 54.8(g).
---------------------------------------------------------------------------
Please direct any response, if by messenger or hand delivery, to
Marlene H. Dortch, Secretary, Federal Communications Commission, 445
12th Street, S.W., Room TW-A325, Washington, DC 20554, to the attention
of Rebekah 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 Bina, Attorney Advisor,
Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, 445 12th Street, S.W., Room 4-C330,
Washington, DC 20554, with a copy to Michele Levy Berlove, Acting
Assistant Chief, Investigations and Hearings Division, Enforcement
Bureau, Federal Communications Commission, 445 12th Street, S.W., Room
4-C330, Washington, DC, 20554. You shall also transmit a copy of the
response via 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
[[Page 39943]]
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,
Hillary S. DeNigro,
Chief, Investigations and Hearings Division, Enforcement Bureau
cc: United States Attorney's Office, Department of Justice (via e-
mail), Kristy Carroll, Esq., Universal Service Administrative Company
(via e-mail)
[FR Doc. 2010-17027 Filed 7-12-10; 8:45 am]
BILLING CODE 6712-01-P
