Notice of Suspension and Initiation of Debarment Proceedings, 74058-74060 [2011-30784]
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74058
Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Notices
order, consent decree, or settlement
agreement required EPA to take action
on a list in 2000 (65 FR 17170).
Consistent with EPA’s regulations,
Louisiana submitted to EPA its listing
decisions under Section 303(d) on
January 13, 2011. On November 17,
2011, EPA approved Louisiana’s listing
of 410 water body-pollutant
combinations and associated priority
rankings. EPA proposed to disapprove
Louisiana’s decisions not to list three
waterbodies. These three waterbodies
were proposed for addition by EPA
because the applicable numeric water
quality standards marine criterion for
dissolved oxygen was not attained in
these segments. EPA solicits public
comment on its identification of three
additional waters for inclusion on
Louisiana’s 2010 Section 303(d) List.
placed on an attendee list. If any person
wishes auxiliary aids (such as a sign
language interpreter) or other special
accommodations, please contact, prior
to December 6, 2011, Susan Houser,
Room 1273, 811 Vermont Avenue NW,
Washington, DC 20571, Voice: (202)
565–3232.
FOR FURTHER INFORMATION CONTACT: For
further information, contact Susan
Houser, Room 1273, 811 Vermont Ave.,
NW., Washington, DC 20571, (202) 565–
3232.
Dated: November 17, 2011.
William K. (Bill) Honker,
Acting Director, Water Quality Protection
Division.
FEDERAL COMMUNICATIONS
COMMISSION
Lisa Terry,
Assistant General Counsel for Administration
(Acting).
[FR Doc. 2011–30669 Filed 11–29–11; 8:45 am]
BILLING CODE 6690–01–M
[DA 11–1912]
Notice of Suspension and Initiation of
Debarment Proceedings
[FR Doc. 2011–30848 Filed 11–29–11; 8:45 am]
BILLING CODE 6560–50–P
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
EXPORT-IMPORT BANK OF THE
UNITED STATES
In this document, the
Commission gives notice of Dr. Dennis
L. Bruno’s suspension from the schools
and libraries universal service support
mechanism (or ‘‘E–Rate Program’’).
Additionally, the Bureau gives notice
that debarment proceedings are
commencing against him. Dr. Bruno, or
any person who has an existing contract
with or intends to contract with him to
provide or receive services in matters
arising out of activities associated with
or related to the schools and libraries
support, may respond by filing an
opposition request, supported by
documentation.
SUMMARY:
Notice of Open Meeting of the
Advisory Committee of the ExportImport Bank of the United States (ExIm Bank)
The Advisory Committee was
established by Public Law 98–181,
November 30, 1983, to advise the
Export-Import Bank on its programs and
to provide comments for inclusion in
the reports of the Export-Import Bank of
the United States to Congress.
Time and Place: Tuesday, December
13, 2011 from 11 a.m. to 3 p.m. A break
for lunch will be at the expense of the
attendee. Security processing will be
necessary for reentry into the building.
The meeting will be held at Ex-Im Bank
in the Main Conference Room 1143, 811
Vermont Avenue NW, Washington, DC
20571.
Agenda: Agenda items include a
briefing of the Advisory Committee
members on challenges for 2012, their
roles and responsibilities and an ethics
briefing.
Public Participation: The meeting will
be open to public participation, and the
last 10 minutes will be set aside for oral
questions or comments. Members of the
public may also file written statement(s)
before or after the meeting. If you plan
to attend, a photo ID must be presented
at the guard’s desk as part of the
clearance process into the building, and
you may contact Susan Houser to be
emcdonald on DSK5VPTVN1PROD with NOTICES
SUMMARY:
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Opposition requests must be
received by December 30, 2011.
However, an opposition request by the
party to be suspended must be received
30 days from the receipt of the
suspension letter or December 30, 2011,
whichever comes first. The Bureau will
decide any opposition request for
reversal or modification of suspension
or debarment within 90 days of its
receipt of such requests.
ADDRESS: Federal Communications
Commission, Enforcement Bureau,
Investigations and Hearings Division,
Room 4–A236, 445 12th Street SW.,
Washington, DC 20554. However, an
opposition request by the party to be
suspended must be received 30 days
from the receipt of the suspension letter
or December 30, 2011, whichever comes
DATES:
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first. The Bureau will decide any
opposition request for reversal or
modification of suspension or
debarment within 90 days of its receipt
of such requests.
Joy
Ragsdale, Federal Communications
Commission, Enforcement Bureau,
Investigations and Hearings Division,
Room 4–C330, 445 12th Street SW.,
Washington, DC 20554. Joy Ragsdale
may be contacted by phone at (202)
418–1697 or email at
Joy.Ragsdale@fcc.gov. If Ms. Ragsdale is
unavailable, you may contact Ms. Terry
Cavanaugh, Acting Chief, Investigations
and Hearings Division, by telephone at
(202) 418–1420 and by email at
Theresa.Cavanaugh@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
The
Bureau has suspension and debarment
authority pursuant to 47 CFR 54.8.
Suspension will help to ensure that the
party to be suspended cannot continue
to benefit from the schools and libraries
mechanism pending resolution of the
debarment process. Attached is the
suspension letter, DA 11–1912, which
was mailed to Dr. Bruno and released on
November 18, 2011. The complete text
of the notice of suspension and
initiation of debarment proceedings is
available for public inspection and
copying during regular business hours
at the FCC Reference Information
Center, Portal II, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554,
In addition, the complete text is
available on the FCC’s Web site at
https://www.fcc.gov. The text may also be
purchased from the Commission’s
duplicating inspection and copying
during regular business hours at the
contractor, Best Copy and Printing, Inc.,
Portal II, 445 12th Street SW., Room
CY–B420, Washington, DC 20554,
telephone (202) 488–5300 or (800) 378–
3160, facsimile (202) 488–5563, or via
email https://www.bcpiweb.com.
SUPPLEMENTARY INFORMATION:
Federal Communications Commission.
Theresa Z. Cavanaugh,
Acting Chief, Investigations and Hearings
Division, Enforcement Bureau.
The suspension letter follows:
November 18, 2011
DA 11–1912
SENT VIA CERTIFIED MAIL, RETURN
RECEIPT REQUESTED AND EMAIL
Dr. Dennis L. Bruno
c/o Mr. Arthur T. McQuillan
McQuillan Law Offices
206 Main Street
Johnstown, PA 15901
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Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Notices
Re: Notice of Suspension and Initiation
of Debarment Proceedings FCC File No.
EB–11–IH–1582
Dear Dr. Bruno:
The Federal Communications
Commission (‘‘Commission’’) has
received notice of your conviction of
misappropriating federal education
funds in violation of 18 U.S.C
§ 666(a)(1)(A), as well as your admission
to committing an offense related to the
federal schools and libraries universal
service support mechanism (‘‘E–Rate
program’’).1 Consequently, pursuant to
47 C.F.R. § 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 the Bureau will
commence debarment proceedings
against you.2
I. Notice of Suspension
emcdonald on DSK5VPTVN1PROD with NOTICES
The Commission 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 On May 9, 2011, you
pled guilty to intentionally
misappropriating $49,600 from the
Department of Education’s Fund for the
Improvement of Education program
from October 2005 to July 2006 in your
1 Any further reference in this letter to ‘‘your
conviction’’ refers to your conviction in United
States v. Dennis L. Bruno, Criminal Docket No. 11–
15 J, Information (W.D. Pa. 2011).
2 47 C.F.R. 54.8; 47 C.F.R. § 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 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; Rural
Health Care 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 App. C at 16410–12
(2007) (Program Management Order) (section 54.521
of the universal service debarment rules was
renumbered as section 54.8 and subsections (a)(1),
(5), (c), (d), (e)(2)(i), (3), (e)(4), and (g) were
amended.)
3 Second Report and Order, 18 FCC Rcd at 9225,
¶ 66; Program Management Order, 22 FCC Rcd at
16387, ¶ 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 C.F.R. 54.8(a)(6).
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capacity as Superintendent of the
Glendale School District.4 In connection
with your guilty plea, you admitted and
stipulated in a plea agreement that you
were involved in a conspiracy to
commit an offense against the United
States related to the E–Rate program.5
Specifically, you conspired with others
to obtain $414,421.92 from the E–Rate
program.6 Your stipulation to
conspiring to commit an offense related
to the E–Rate program constitutes the
conduct or transaction upon which this
suspension notice and debarment
proceeding are based.7
Pursuant to section 54.8(b) of the
Commission’s rules,8 the Bureau is
required to suspend you from
participating in any 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.9 Your suspension
becomes effective upon either the date
of your receipt of this notice or of its
publication in the Federal Register,
whichever date occurs first.10
In accordance with the Commission’s
debarment rules, you may contest this
suspension or the scope of this
suspension by filing arguments, with
any relevant documents, within 30
calendar days after receipt of this letter
or after a notice is published in the
Federal Register, whichever comes
first.11 Such requests, however, will not
ordinarily be granted.12 The Bureau may
reverse or limit the scope of suspension
only upon a finding of extraordinary
circumstances.13 Absent extraordinary
circumstances, the Bureau will decide
any request to reverse or modify a
suspension within 90 calendar days of
its receipt of such request.14
4 United States v. Dennis L. Bruno, Criminal
Docket No. 11–15 J, Arraignment Plea. See also
United States Attorney’s Office, Western District of
Pennsylvania, News, Former Superintendent Pleads
Guilty to Federal Program Theft, May 9, 2011, at
https://www.justice.gov/usao/paw/news/2011/2011_
may/2011_05_09_05.html (‘‘Press Release’’).
5 Press Release at 1.
6 Id.
7 Second Report and Order, 18 FCC Rcd at 9226,
¶ 70; 47 C.F.R. 54.8(e)(2)(i).
8 47 C.F.R. 54.8(a)(4). See Second Report and
Order, 18 FCC Rcd at 9225–9227, ¶¶ 67–74.
9 47 C.F.R. 54.8(a)(1), (d).
10 Second Report and Order, 18 FCC Rcd at 9226,
¶ 69; 47 C.F.R. 54.8(e)(1).
11 47 C.F.R. 54.8(e)(4).
12 Id.
13 47 C.F.R. 54.8(f).
14 Second Report and Order, 18 FCC Rcd at 9226,
¶ 70; 47 C.F.R. 54.8(e)(5), (f).
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74059
II. Initiation of Debarment Proceedings
As discussed above, your guilty plea
and stipulation to participating in a
conspiracy in connection with the ERate program serves as a basis for
immediate suspension from the
program, as well as a basis to commence
debarment proceedings against you.
Your stipulation to conspiracy is cause
for debarment as defined in section
54.8(c) of the Commission’s rules.15
Therefore, pursuant to section 54.8(b) of
the rules, the Bureau is required to
commence debarment proceedings
against you.16
As with the suspension process, you
may contest the proposed debarment or
the scope of the proposed debarment by
filing arguments and any relevant
documentation within 30 calendar days
of receipt of this letter or publication in
the Federal Register, whichever comes
first.17 The Bureau, in the absence of
extraordinary circumstances, will notify
you of its decision to debar within 90
calendar days of receiving any
information you may have filed.18 If the
Bureau decides to debar you, its
decision will become effective upon
either your receipt of a debarment
notice or publication of the decision in
the Federal Register, whichever comes
first.19
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.20 The
Bureau may set a longer debarment
period or extend an existing debarment
15 ‘‘Causes for suspension and debarment are
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). Associated 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 C.F.R. 54.8(a)(1).
16 47 C.F.R. 54.8(b).
17 Second Report and Order, 18 FCC Rcd at 9226,
¶ 70; 47 C.F.R. 54.8(e)(3).
18 Id., 18 FCC Rcd at 9226, ¶ 70; 47 C.F.R.
54.8(e)(5).
19 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 C.F.R.
54.8(f).
20 Second Report and Order, 18 FCC Rcd at 9225,
¶ 67; 47 C.F.R. 54.8(d), (g).
E:\FR\FM\30NON1.SGM
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emcdonald on DSK5VPTVN1PROD with NOTICES
74060
Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Notices
period if necessary to protect the public
interest.21
Please direct any response, if sent by
messenger or hand delivery, to Marlene
H. Dortch, Secretary, Federal
Communications Commission, 445 12th
Street SW., Room TW–A325,
Washington, DC 20554, to the attention
of Joy M. Ragsdale, Attorney Advisor,
Investigations and Hearings Division,
Enforcement Bureau, Room 4–A236,
with a copy to Theresa Z. Cavanaugh,
Acting Division Chief, Investigations
and Hearings Division, Enforcement
Bureau, Room 4–C322, Federal
Communications Commission. All
messenger or hand delivery filings must
be submitted without envelopes.22 If
sent by commercial overnight mail
(other than U.S. Postal Service (USPS)
Express Mail and Priority Mail), the
response must be sent to the Federal
Communications Commission, 9300
East Hampton Drive, Capitol Heights,
Maryland 20743. If sent by USPS First
Class, Express Mail, or Priority Mail, the
response should be addressed to Joy
Ragsdale, Attorney Advisor,
Investigations and Hearings Division,
Enforcement Bureau, Federal
Communications Commission, 445 12th
Street SW., Room 4–A236, Washington,
DC 20554, with a copy to Theresa Z.
Cavanaugh, Acting Division Chief,
Investigations and Hearings Division,
Enforcement Bureau, Federal
Communications Commission, 445 12th
Street SW., Room 4–C322, Washington,
DC 20554. You shall also transmit a
copy of your response via email to Joy
M. Ragsdale, joy.ragsdale@fcc.gov and
to Theresa Z. Cavanaugh,
Terry.Cavanaugh@fcc.gov.
If you have any questions, please
contact Ms. Ragsdale via U.S. postal
mail, email, or by telephone at (202)
418–1697. You may contact me at (202)
418–1553 or at the email address noted
above if Ms. Ragsdale is unavailable.
Sincerely yours,
Theresa Z. Cavanaugh
Acting Chief
Investigations and Hearings Division
Enforcement Bureau
cc: Johnnay Schrieber, Universal Service
Administrative Company (via email)
Rashann Duvall, Universal Service
Administrative Company (via email)
Stephanie L. Haines, United States
Attorney’s Office, Western Pennsylvania
(via email)
[FR Doc. 2011–30784 Filed 11–29–11; 8:45 am]
BILLING CODE 6712–01–P
21 Id.
22 See FCC Public Notice, DA 09–2529 for further
filing instructions (rel. Dec. 3, 2009).
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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 (https://
www.fmc.gov) or by contacting the
Office of Agreements at (202) 523–5793
or tradeanalysis@fmc.gov.
Agreement No.: 010099–054.
Title: International Council of
Containership Operators.
Parties: APL Co. Pte Ltd.; American
President Lines, Ltd.; A.P. MollerMaersk A/S; ANL Singapore Pte Ltd.;
China Shipping Container Lines Co.,
Ltd.; CMA CGM, S.A.; Companhia Libra
˜´
de Navegacao; Companıa Chilena de
´
´
Navegacion Interoceanica S.A.;
Compania Libra de Navegacion Uruguay
S.A.; Compania Sud Americana de
Vapores S.A.; COSCO Container Lines
Co. Ltd; Crowley Maritime Corporation;
Delmas SAS; Evergreen Marine
Corporation (Taiwan), Ltd.; Hamburg¨
Sud KG; Hapag-Lloyd USA LLC; Hanjin
Shipping Co., Ltd.; Hapag-Lloyd AG;
Hyundai Merchant Marine Co., Ltd.;
Kawasaki Kisen Kaisha, Ltd.; MISC
Berhad; MSC Mediterranean Shipping
Co. S.A.; Mitsui O.S.K. Lines, Ltd.;
Nippon Yusen Kaisha; Norasia
Container Lines Limited; Orient
Overseas Container Line, Ltd.; Pacific
International Lines (Pte) Ltd.; Regional
Container Lines Public Company Ltd.;
Safmarine Container Lines NV; United
Arab Shipping Company (S.A.G.); Wan
Hai Lines Ltd.; Yang Ming Transport
Marine Corp.; and Zim Integrated
Shipping Services Ltd.
Filing Party: John Longstreth, Esq.; K
& L Gates LLP; 1601 K Street NW.;
Washington, DC 20006–1600.
Synopsis: The amendment would
remove Neptune Orient Lines, Ltd. and
APL Limited as parties to the agreement.
Agreement No.: 012057–006.
Title: CMA CGM/Maersk Line Space
Charter, Sailing and Cooperative
Working Agreement Asia to USEC and
PNW–Suez/PNW & Panama Loops.
Parties: A.P. Moller-Maersk A/S and
CMA CGM S.A.
Filing Party: Wayne R. Rohde, Esq.;
Cozen O’Connor; 1627 I Street, NW.,
Suite 1100; Washington, DC 20006.
Synopsis: The amendment increases
the operational capacities of the vessels
deployed under the agreement,
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Fmt 4703
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authorizes an additional vessel, revises
space allocations, and extends the
duration of the agreement.
Agreement No.: 012092–002.
Title: MOL/‘‘K’’ Line Space Charter
and Sailing Agreement.
Parties: Kawasaki Kisen Kaisha, Ltd.
and Mitsui O.S.K. Lines, Ltd.
Filing Parties: Robert B. Yoshitomi,
Esq.; Nixon Peabody LLP; 444 West
Fifth Street, 46th Floor; Los Angeles, CA
90013.
Synopsis: The amendment expands
the geographic scope to include Sri
Lanka, the United Arab Emirates,
Indonesia, Korea, and Australia.
Agreement No.: 012147.
Title: GWF/AGRIEX Space Charter
Agreement.
Parties: Great White Fleet (US) Ltd.
and Agriculture Investment Export, Inc.
Filing Party: Wade S. Hooker, Esquire,
21 Central Park W.; New York, NY
10024.
Synopsis: The agreement authorizes
Great White Fleet to charter space to
Agriculture Investment in the trade
between U.S. Atlantic and Gulf ports
and ports in Guatemala and Honduras.
By Order of the Federal Maritime
Commission.
Dated: November 23, 2011.
Karen V. Gregory,
Secretary.
[FR Doc. 2011–30804 Filed 11–29–11; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL MARITIME COMMISSION
Ocean Transportation Intermediary
License Applicants
Notice is hereby given that the
following applicants have filed with the
Federal Maritime Commission an
application for a license as a NonVessel-Operating Common Carrier
(NVO) and/or Ocean Freight Forwarder
(OFF)—Ocean Transportation
Intermediary (OTI) pursuant to section
19 of the Shipping Act of 1984 as
amended (46 U.S.C. Chapter 409 and 46
CFR 515). Notice is also hereby given of
the filing of applications to amend an
existing OTI license or the Qualifying
Individual (QI) for a license.
Interested persons may contact the
Office of Transportation Intermediaries,
Federal Maritime Commission,
Washington, DC 20573, by telephone at
(202) 523–5843 or by email at
OTI@fmc.gov.
Ameri Ocean Worldwide Lines, Limited
Liability Company (NVO), 1040 North
Avenue, Elizabeth, NJ 07201; Officer:
Fahmi Eriba, Sole Member;
(Qualifying Individual), Application
Type: New NVO License.
E:\FR\FM\30NON1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 230 (Wednesday, November 30, 2011)]
[Notices]
[Pages 74058-74060]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30784]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
[DA 11-1912]
Notice of Suspension and Initiation of Debarment Proceedings
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission gives notice of Dr. Dennis L.
Bruno's suspension from the schools and libraries universal service
support mechanism (or ``E-Rate Program''). Additionally, the Bureau
gives notice that debarment proceedings are commencing against him. Dr.
Bruno, or any person who has an existing contract with or intends to
contract with him to provide or receive services in matters arising out
of activities associated with or related to the schools and libraries
support, may respond by filing an opposition request, supported by
documentation.
DATES: Opposition requests must be received by December 30, 2011.
However, an opposition request by the party to be suspended must be
received 30 days from the receipt of the suspension letter or December
30, 2011, whichever comes first. The Bureau will decide any opposition
request for reversal or modification of suspension or debarment within
90 days of its receipt of such requests.
ADDRESS: Federal Communications Commission, Enforcement Bureau,
Investigations and Hearings Division, Room 4-A236, 445 12th Street SW.,
Washington, DC 20554. However, an opposition request by the party to be
suspended must be received 30 days from the receipt of the suspension
letter or December 30, 2011, whichever comes first. The Bureau will
decide any opposition request for reversal or modification of
suspension or debarment within 90 days of its receipt of such requests.
FOR FURTHER INFORMATION CONTACT: Joy Ragsdale, Federal Communications
Commission, Enforcement Bureau, Investigations and Hearings Division,
Room 4-C330, 445 12th Street SW., Washington, DC 20554. Joy Ragsdale
may be contacted by phone at (202) 418-1697 or email at
Joy.Ragsdale@fcc.gov. If Ms. Ragsdale is unavailable, you may contact
Ms. Terry Cavanaugh, Acting Chief, Investigations and Hearings
Division, by telephone at (202) 418-1420 and by email at
Theresa.Cavanaugh@fcc.gov.
SUPPLEMENTARY INFORMATION: The Bureau has suspension and debarment
authority pursuant to 47 CFR 54.8. Suspension will help to ensure that
the party to be suspended cannot continue to benefit from the schools
and libraries mechanism pending resolution of the debarment process.
Attached is the suspension letter, DA 11-1912, which was mailed to Dr.
Bruno and released on November 18, 2011. The complete text of the
notice of suspension and initiation of debarment proceedings is
available for public inspection and copying during regular business
hours at the FCC Reference Information Center, Portal II, 445 12th
Street SW., Room CY-A257, Washington, DC 20554, In addition, the
complete text is available on the FCC's Web site at https://www.fcc.gov.
The text may also be purchased from the Commission's duplicating
inspection and copying during regular business hours at the contractor,
Best Copy and Printing, Inc., Portal II, 445 12th Street SW., Room CY-
B420, Washington, DC 20554, telephone (202) 488-5300 or (800) 378-3160,
facsimile (202) 488-5563, or via email https://www.bcpiweb.com.
Federal Communications Commission.
Theresa Z. Cavanaugh,
Acting Chief, Investigations and Hearings Division, Enforcement Bureau.
The suspension letter follows:
November 18, 2011
DA 11-1912
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND EMAIL
Dr. Dennis L. Bruno
c/o Mr. Arthur T. McQuillan
McQuillan Law Offices
206 Main Street
Johnstown, PA 15901
[[Page 74059]]
Re: Notice of Suspension and Initiation of Debarment Proceedings FCC
File No. EB-11-IH-1582
Dear Dr. Bruno:
The Federal Communications Commission (``Commission'') has received
notice of your conviction of misappropriating federal education funds
in violation of 18 U.S.C Sec. 666(a)(1)(A), as well as your admission
to committing an offense related to the federal schools and libraries
universal service support mechanism (``E-Rate program'').\1\
Consequently, pursuant to 47 C.F.R. Sec. 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
the Bureau will commence debarment proceedings against you.\2\
---------------------------------------------------------------------------
\1\ Any further reference in this letter to ``your conviction''
refers to your conviction in United States v. Dennis L. Bruno,
Criminal Docket No. 11-15 J, Information (W.D. Pa. 2011).
\2\ 47 C.F.R. 54.8; 47 C.F.R. Sec. 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 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; Rural Health Care 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 App. C
at 16410-12 (2007) (Program Management Order) (section 54.521 of the
universal service debarment rules was renumbered as section 54.8 and
subsections (a)(1), (5), (c), (d), (e)(2)(i), (3), (e)(4), and (g)
were amended.)
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I. Notice of Suspension
The Commission 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\ On May 9, 2011, you pled guilty to intentionally
misappropriating $49,600 from the Department of Education's Fund for
the Improvement of Education program from October 2005 to July 2006 in
your capacity as Superintendent of the Glendale School District.\4\ In
connection with your guilty plea, you admitted and stipulated in a plea
agreement that you were involved in a conspiracy to commit an offense
against the United States related to the E-Rate program.\5\
Specifically, you conspired with others to obtain $414,421.92 from the
E-Rate program.\6\ Your stipulation to conspiring to commit an offense
related to the E-Rate program constitutes the conduct or transaction
upon which this suspension notice and debarment proceeding are
based.\7\
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\3\ Second Report and Order, 18 FCC Rcd at 9225, ] 66; Program
Management Order, 22 FCC Rcd at 16387, ] 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 C.F.R.
54.8(a)(6).
\4\ United States v. Dennis L. Bruno, Criminal Docket No. 11-15
J, Arraignment Plea. See also United States Attorney's Office,
Western District of Pennsylvania, News, Former Superintendent Pleads
Guilty to Federal Program Theft, May 9, 2011, at https://www.justice.gov/usao/paw/news/2011/2011_may/2011_05_09_05.html
(``Press Release'').
\5\ Press Release at 1.
\6\ Id.
\7\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 C.F.R.
54.8(e)(2)(i).
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Pursuant to section 54.8(b) of the Commission's rules,\8\ the
Bureau is required to suspend you from participating in any 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.\9\ Your suspension becomes
effective upon either the date of your receipt of this notice or of its
publication in the Federal Register, whichever date occurs first.\10\
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\8\ 47 C.F.R. 54.8(a)(4). See Second Report and Order, 18 FCC
Rcd at 9225-9227, ]] 67-74.
\9\ 47 C.F.R. 54.8(a)(1), (d).
\10\ Second Report and Order, 18 FCC Rcd at 9226, ] 69; 47
C.F.R. 54.8(e)(1).
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In accordance with the Commission's debarment rules, you may
contest this suspension or the scope of this suspension by filing
arguments, with any relevant documents, within 30 calendar days after
receipt of this letter or after a notice is published in the Federal
Register, whichever comes first.\11\ Such requests, however, will not
ordinarily be granted.\12\ The Bureau may reverse or limit the scope of
suspension only upon a finding of extraordinary circumstances.\13\
Absent extraordinary circumstances, the Bureau will decide any request
to reverse or modify a suspension within 90 calendar days of its
receipt of such request.\14\
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\11\ 47 C.F.R. 54.8(e)(4).
\12\ Id.
\13\ 47 C.F.R. 54.8(f).
\14\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47
C.F.R. 54.8(e)(5), (f).
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II. Initiation of Debarment Proceedings
As discussed above, your guilty plea and stipulation to
participating in a conspiracy in connection with the E-Rate program
serves as a basis for immediate suspension from the program, as well as
a basis to commence debarment proceedings against you. Your stipulation
to conspiracy is cause for debarment as defined in section 54.8(c) of
the Commission's rules.\15\ Therefore, pursuant to section 54.8(b) of
the rules, the Bureau is required to commence debarment proceedings
against you.\16\
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\15\ ``Causes for suspension and debarment are 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). Associated 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 C.F.R.
54.8(a)(1).
\16\ 47 C.F.R. 54.8(b).
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As with the suspension process, you may contest the proposed
debarment or the scope of the proposed debarment by filing arguments
and any relevant documentation within 30 calendar days of receipt of
this letter or publication in the Federal Register, whichever comes
first.\17\ The Bureau, in the absence of extraordinary circumstances,
will notify you of its decision to debar within 90 calendar days of
receiving any information you may have filed.\18\ If the Bureau decides
to debar you, its decision will become effective upon either your
receipt of a debarment notice or publication of the decision in the
Federal Register, whichever comes first.\19\
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\17\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47
C.F.R. 54.8(e)(3).
\18\ Id., 18 FCC Rcd at 9226, ] 70; 47 C.F.R. 54.8(e)(5).
\19\ 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 C.F.R.
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.\20\ The Bureau may set a longer debarment period or
extend an existing debarment
[[Page 74060]]
period if necessary to protect the public interest.\21\
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\20\ Second Report and Order, 18 FCC Rcd at 9225, ] 67; 47
C.F.R. 54.8(d), (g).
\21\ Id.
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Please direct any response, if sent by messenger or hand delivery,
to Marlene H. Dortch, Secretary, Federal Communications Commission, 445
12th Street SW., Room TW-A325, Washington, DC 20554, to the attention
of Joy M. Ragsdale, Attorney Advisor, Investigations and Hearings
Division, Enforcement Bureau, Room 4-A236, with a copy to Theresa Z.
Cavanaugh, Acting Division Chief, Investigations and Hearings Division,
Enforcement Bureau, Room 4-C322, Federal Communications Commission. All
messenger or hand delivery filings must be submitted without
envelopes.\22\ If sent by commercial overnight mail (other than U.S.
Postal Service (USPS) Express Mail and Priority Mail), the response
must be sent to the Federal Communications Commission, 9300 East
Hampton Drive, Capitol Heights, Maryland 20743. If sent by USPS First
Class, Express Mail, or Priority Mail, the response should be addressed
to Joy Ragsdale, Attorney Advisor, Investigations and Hearings
Division, Enforcement Bureau, Federal Communications Commission, 445
12th Street SW., Room 4-A236, Washington, DC 20554, with a copy to
Theresa Z. Cavanaugh, Acting Division Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street SW., Room 4-C322, Washington, DC 20554. You
shall also transmit a copy of your response via email to Joy M.
Ragsdale, joy.ragsdale@fcc.gov and to Theresa Z. Cavanaugh,
Terry.Cavanaugh@fcc.gov.
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\22\ See FCC Public Notice, DA 09-2529 for further filing
instructions (rel. Dec. 3, 2009).
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If you have any questions, please contact Ms. Ragsdale via U.S.
postal mail, email, or by telephone at (202) 418-1697. You may contact
me at (202) 418-1553 or at the email address noted above if Ms.
Ragsdale is unavailable.
Sincerely yours,
Theresa Z. Cavanaugh
Acting Chief
Investigations and Hearings Division
Enforcement Bureau
cc: Johnnay Schrieber, Universal Service Administrative Company (via
email) Rashann Duvall, Universal Service Administrative Company (via
email) Stephanie L. Haines, United States Attorney's Office, Western
Pennsylvania (via email)
[FR Doc. 2011-30784 Filed 11-29-11; 8:45 am]
BILLING CODE 6712-01-P
