Termination of Dormant Proceedings, 13322-13323 [2012-5410]

Download as PDF 13322 Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Notices 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 debarment letter follows: February 14, 2012 DA 12–212 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED AND E-MAIL Mr. Jeremy R. Sheets c/o Mr. Martin E. Crandall Clark Hill PLC 500 Woodward Ave., Suite 3500 Detroit, MI 48226–3435 Re: Notice of Debarment pmangrum on DSK3VPTVN1PROD with NOTICES File No. EB–11–IH–1122 Dear Mr. Sheets: The Federal Communications Commission (Commission) hereby notifies you that, pursuant to Section 54.8 of its rules, you are prohibited from participating in the schools and libraries universal service support mechanism (E-Rate program) for three years from either the date of your receipt of this Notice of Debarment, or of its publication in the Federal Register, whichever is earlier in time (Debarment Date).1 On October 18, 2011, the Commission’s Enforcement Bureau (Bureau) sent you a Notice of Suspension and Initiation of Debarment Proceeding (Notice of Suspension) 2 that was published in the Federal Register on November 7, 2011.3 The Notice of Suspension suspended you from participating in activities associated with or relating to the E-Rate program and described the basis for initiating debarment proceedings against you, the applicable debarment procedures, and the effect of debarment. As discussed in the Notice of Suspension, as president and co-owner of CMS Internet LLC (CMS), you devised and participated in a scheme to defraud the E-Rate program, which resulted in a loss to the program of up to $70,000.4 Specifically, you made 1 47 CFR 54.8(g) (2010). See also 47 CFR 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). 2 Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Jeremy R. Sheets, Notice of Suspension and Initiation of Debarment Proceeding, DA 11–1733, 26 FCC Rcd 14408 (Inv. & Hearings Div., Enf. Bur. 2011) (Attachment 1). 3 76 Fed. Reg. 68760 (Nov. 7, 2011). 4 Notice of Suspension, 26 FCC Rcd at 14409. VerDate Mar<15>2010 14:56 Mar 05, 2012 Jkt 226001 materially false representations that induced two school districts to steer Erate contracts to CMS; and you paid the school applicants’ share of E–Rate expenses with purported ‘‘donations’’ and ‘‘leasing payments.’’ 5 Furthermore, you failed to disclose that you purchased ineligible goods and services with E–Rate funds.6 Finally, you obstructed a 2007 federal grand jury investigation by instructing a CMS employee to testify falsely about receiving gifts and to destroy computer records.7 As a result of your conviction for wire fraud, the United States District Court for the Western District of Michigan sentenced you to serve 15 months in federal prison, followed by two years of supervised release for defrauding the E–Rate program.8 The court also prohibited you from ‘‘having any involvement with any governmentbacked or federally-regulated programs during the course of supervision.’’ 9 The court ordered you to pay a $12,000 criminal fine in addition to paying Universal Service Administration Company (USAC) $115,534 in restitution.10 Pursuant to Section 54.8(c) of the Commission’s rules, your conviction of criminal conduct in connection with the E–Rate program serves as a basis for your debarment.11 In accordance with the Commission’s debarment rules, you were required to file with the Commission any opposition to your suspension or its scope, or to your proposed debarment or its scope, no later than 30 calendar days from either the date of your receipt of the Notice of Suspension or of its publication in the Federal Register, whichever date occurred first.12 The Commission did not receive any such opposition. For the foregoing reasons, you are debarred from participating in the E– Rate program for three years from the Debarment Date.13 During this debarment period, you are excluded from participating in any activities associated with or related to the E–Rate program, including the receipt of funds or discounted services through the E– 5 Id. 6 Id. 7 Id. 8 See United States v. Jeremy R. Sheets, Criminal Case No. 1:10–cr–380, Judgment (W.D. Mi. 2011). 9 Id. A condition of your supervised release includes forfeiting all monetary claims pending under contract with other E–Rate school applicants. Telephone Conversation with Jason Turner, Lead Counsel, Dep’t of Justice, Antitrust Division (Aug. 10, 2011). 10 Supra note 5. 11 47 CFR 54.8(c). 12 Id. § 54.8(e)(3), (4). Any opposition had to be filed no later than November 17, 2011. 13 Id. § 54.8(e)(5), (g). PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 Rate program, or consulting with, assisting, or advising applicants or service providers regarding the E–Rate program.14 Sincerely, 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) Jason C. Turner, Antitrust Division, United States Department of Justice (via email) Jennifer M. Dixton, Antitrust Division, United States Department of Justice (via email) Meagan D. Johnson, Antitrust Division, United States Department of Justice (via email) [FR Doc. 2012–5409 Filed 3–5–12; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [CG Docket No. 12–39; DA 12–220] Termination of Dormant Proceedings Federal Communications Commission. ACTION: Notice. AGENCY: In this document, the Commission, via the Consumer and Governmental Affairs Bureau (CGB), seeks comment on whether certain docketed Commission proceedings should be terminated as dormant. The Commission’s procedural rules, which were revised to streamline and improve the agency’s docket management practices, delegate authority to the Chief, CGB to periodically review all open dockets and, in consultation with the responsible Bureaus or Offices, to identify those dockets that appear to be candidates for termination. DATES: Comments are due on or before April 5, 2012, and reply comments are due on or before April 20, 2012. ADDRESSES: Interested parties may submit comments, identified by [CG Docket No. 12–39], by any of the following methods: D Electronic Filers: Comments may be filed electronically using the Internet by accessing the Commission’s Electronic Comment Filing System (ECFS) at https://fjallfoss.fcc.gov/ecfs2/. Filers should follow the instructions provided on the Web site for submitting comments. In completing the transmittal screen, ECFS filers should include their full name, U.S. Postal Service mailing SUMMARY: 14 47 E:\FR\FM\06MRN1.SGM CFR § 54.8(a)(1), (5), (d). 06MRN1 pmangrum on DSK3VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Notices address, and the applicable docket or rulemaking number, which in this instance is CG Docket No. 12–39. D Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. D All hand-delivered or messengerdelivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th Street SW., Room TW–A325, Washington, DC 20554. The filing hours are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. D Commercial overnight mail (other than U.S. Postal Service Express mail and Priority mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Dorothy Stifflemire, Consumer and Governmental Affairs Bureau at (202) 418–7349 or by email at Dorothy.Stifflemire@fcc.gov. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Public Notice, Consumer and Governmental Affairs Bureau Seeks Comment on Termination of Certain Proceedings as Dormant, document DA 12–220, released on February 15, 2012 in CG Docket No. 12–39. The full text of document DA 12–220 and copies of any subsequently filed documents in this matter will be available for public inspection and copying via ECFS, and during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY–A257, Washington, DC 20554. Copies may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street SW., Room CY–B402, Washington, DC 20554, telephone (800) 378–3160, fax: (202) 488–5563, or Internet: www.bcpiweb.com. Document DA 12– 220 can also be downloaded in Word or Portable Document Format (PDF) at: https://transition.fcc.gov/Daily_Releases/ Daily_Business/2012/db0216/DA-12220A1.doc. The spreadsheet associated with document DA 12–220 listing the proceedings proposed for termination VerDate Mar<15>2010 14:56 Mar 05, 2012 Jkt 226001 for dormancy is available in Excel or Portable Document Format at https://transition.fcc.gov/Daily_Releases/ Daily_Business/2012/db0215/DA-12220A2.xls. Pursuant to 47 CFR 1.415 and 1.419, interested parties may file comments and reply comments on or before the respective dates indicated in the DATES section of this document. Pursuant to 47 CFR 1.1200 et seq., this matter shall be treated as a ‘‘permit-butdisclose’’ proceeding in accordance with the Commission’s ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 13323 (202) 418–0530 (voice) or (202) 418– 0432 (TTY). Synopsis: On February 4, 2011, the Commission released document FCC 11–16, Amendment of Certain of the Commission’s Part 1 Rules of Practice and Procedure and Part 0 Rules of Commission Organization, Report and Order, 76 FR 24383, May 2, 2011, which revised portions of its Part 1—Practice and Procedure and Part 0— Organizational rules. The revised rules, in part, delegate authority to the Chief, CGB to periodically review all open dockets and, in consultation with the responsible Bureaus or Offices, to identify those dockets that appear to be candidates for termination. These candidates include dockets in which no further action is required or contemplated, as well as those in which no pleadings or other documents have been filed for several years. However, the Commission specified that proceedings in which petitions addressing the merits are pending should not be terminated absent the parties’ consent. The termination of a dormant proceeding also includes dismissal as moot of any pending petition, motion, or other request for relief that is procedural in nature or otherwise does not address the merits of the proceeding. Prior to the termination of any particular proceeding, the Commission was directed to issue a Public Notice identifying the dockets under consideration for termination and affording interested parties an opportunity to comment. Thus, CGB has identified the dockets for possible termination in document DA 12–220. https://transition.fcc.gov/Daily_Releases/ Daily_Business/2012/db0215/DA-12220A2.xls Federal Communications Commission. Kris Monteith, Acting Chief, Consumer and Governmental Affairs Bureau. [FR Doc. 2012–5410 Filed 3–5–12; 8:45 am] BILLING CODE 6712–01–P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the E:\FR\FM\06MRN1.SGM 06MRN1

Agencies

[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]
[Notices]
[Pages 13322-13323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5410]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[CG Docket No. 12-39; DA 12-220]


Termination of Dormant Proceedings

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission, via the Consumer and 
Governmental Affairs Bureau (CGB), seeks comment on whether certain 
docketed Commission proceedings should be terminated as dormant. The 
Commission's procedural rules, which were revised to streamline and 
improve the agency's docket management practices, delegate authority to 
the Chief, CGB to periodically review all open dockets and, in 
consultation with the responsible Bureaus or Offices, to identify those 
dockets that appear to be candidates for termination.

DATES: Comments are due on or before April 5, 2012, and reply comments 
are due on or before April 20, 2012.

ADDRESSES: Interested parties may submit comments, identified by [CG 
Docket No. 12-39], by any of the following methods:
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the Commission's Electronic Comment 
Filing System (ECFS) at https://fjallfoss.fcc.gov/ecfs2/. Filers should 
follow the instructions provided on the Web site for submitting 
comments. In completing the transmittal screen, ECFS filers should 
include their full name, U.S. Postal Service mailing

[[Page 13323]]

address, and the applicable docket or rulemaking number, which in this 
instance is CG Docket No. 12-39.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing. Filings can be sent by hand or 
messenger delivery, by commercial overnight courier, or by first-class 
or overnight U.S. Postal Service mail. All filings must be addressed to 
the Commission's Secretary, Office of the Secretary, Federal 
Communications Commission.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th Street SW., Room TW-A325, Washington, DC 20554. The filing hours 
are 8 a.m. to 7 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
    [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express mail and Priority mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743. U.S. Postal Service first class, 
Express, and Priority mail must be addressed to 445 12th Street SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Dorothy Stifflemire, Consumer and 
Governmental Affairs Bureau at (202) 418-7349 or by email at 
Dorothy.Stifflemire@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Public Notice, Consumer and Governmental Affairs Bureau Seeks Comment 
on Termination of Certain Proceedings as Dormant, document DA 12-220, 
released on February 15, 2012 in CG Docket No. 12-39.
    The full text of document DA 12-220 and copies of any subsequently 
filed documents in this matter will be available for public inspection 
and copying via ECFS, and during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554. Copies may also be purchased from the 
Commission's duplicating contractor, Best Copy and Printing, Inc., 
Portals II, 445 12th Street SW., Room CY-B402, Washington, DC 20554, 
telephone (800) 378-3160, fax: (202) 488-5563, or Internet: 
www.bcpiweb.com. Document DA 12-220 can also be downloaded in Word or 
Portable Document Format (PDF) at: https://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0216/DA-12-220A1.doc. The spreadsheet 
associated with document DA 12-220 listing the proceedings proposed for 
termination for dormancy is available in Excel or Portable Document 
Format at https://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0215/DA-12-220A2.xls.
    Pursuant to 47 CFR 1.415 and 1.419, interested parties may file 
comments and reply comments on or before the respective dates indicated 
in the DATES section of this document.
    Pursuant to 47 CFR 1.1200 et seq., this matter shall be treated as 
a ``permit-but-disclose'' proceeding in accordance with the 
Commission's ex parte rules. Persons making ex parte presentations must 
file a copy of any written presentation or a memorandum summarizing any 
oral presentation within two business days after the presentation 
(unless a different deadline applicable to the Sunshine period 
applies). Persons making oral ex parte presentations are reminded that 
memoranda summarizing the presentation must (1) list all persons 
attending or otherwise participating in the meeting at which the ex 
parte presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b).
    In proceedings governed by rule 1.49(f) or for which the Commission 
has made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to fcc504@fcc.gov or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY).
    Synopsis: On February 4, 2011, the Commission released document FCC 
11-16, Amendment of Certain of the Commission's Part 1 Rules of 
Practice and Procedure and Part 0 Rules of Commission Organization, 
Report and Order, 76 FR 24383, May 2, 2011, which revised portions of 
its Part 1--Practice and Procedure and Part 0--Organizational rules.
    The revised rules, in part, delegate authority to the Chief, CGB to 
periodically review all open dockets and, in consultation with the 
responsible Bureaus or Offices, to identify those dockets that appear 
to be candidates for termination. These candidates include dockets in 
which no further action is required or contemplated, as well as those 
in which no pleadings or other documents have been filed for several 
years. However, the Commission specified that proceedings in which 
petitions addressing the merits are pending should not be terminated 
absent the parties' consent. The termination of a dormant proceeding 
also includes dismissal as moot of any pending petition, motion, or 
other request for relief that is procedural in nature or otherwise does 
not address the merits of the proceeding.
    Prior to the termination of any particular proceeding, the 
Commission was directed to issue a Public Notice identifying the 
dockets under consideration for termination and affording interested 
parties an opportunity to comment. Thus, CGB has identified the dockets 
for possible termination in document DA 12-220. https://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0215/DA-12-220A2.xls

Federal Communications Commission.
Kris Monteith,
Acting Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. 2012-5410 Filed 3-5-12; 8:45 am]
BILLING CODE 6712-01-P
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