Notice of Debarment, 47130-47131 [2014-19073]

Download as PDF 47130 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Notices 602. Further instructions will be provided to winning bidders in the auction closing public notice. emcdonald on DSK67QTVN1PROD with NOTICES E. Tribal Lands Bidding Credit 228. A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in 47 CFR 1.2107 and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. 229. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal lands bidding credit after the auction when it files its long-form application (FCC Form 601). When initially filing the long-form application, the winning bidder will be required to advise the Commission whether it intends to seek a tribal lands bidding credit, for each license won in the auction, by checking the designated box(es). After stating its intent to seek a tribal lands bidding credit, the applicant will have 180 days from the close of the long-form application filing window to amend its application to select the specific tribal lands to be served and provide the required tribal government certifications. Licensees receiving a tribal lands bidding credit are subject to performance criteria as set forth in 47 CFR 1.2110(f)(3)(vii). 230. For additional information on the tribal lands bidding credit, including how the amount of the credit is calculated, applicants should review the Commission’s rulemaking proceeding regarding tribal lands bidding credits and related public notices. Relevant documents can be viewed on the Commission’s Web site by going to https://wireless.fcc.gov/auctions/ and clicking on the Tribal Lands Credits link. F. Default and Disqualification 231. Any winning bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 CFR 1.2104(g)(2). This payment consists of a deficiency payment, equal to the difference between the amount of the Auction 97 bidder’s winning bid and the amount of the winning bid the next time a license VerDate Mar<15>2010 17:45 Aug 11, 2014 Jkt 232001 covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter’s bid or of the subsequent winning bid, whichever is less. 232. As noted in the Auction 97 Comment Public Notice, the percentage of the bid that a defaulting bidder must pay in addition to the deficiency will depend on the auction format ultimately chosen for a particular auction. The amount can range from three percent up to a maximum of twenty percent, established in advance of the auction and based on the nature of the service and the inventory of the licenses being offered. As the Bureau noted in the Auction 97 Comment Public Notice, the Commission explained in the CSEA/ Part 1 Report and Order that defaults weaken the integrity of the auction process and may impede the deployment of service to the public, and that an additional default payment of up to twenty percent will be more effective in deterring defaults than the three percent used in some earlier auctions. However, the Bureau does not believe the detrimental effects of any defaults in Auction 97 are likely to be unusually great. Balancing these considerations, the Bureau proposed to establish an additional default payment for Auction 97 of fifteen percent of the applicable bid. The Bureau received no comment on this proposal and therefore adopts it for Auction 97. 233. Finally, in the event of a default, the Commission has the discretion to reauction the license or offer it to the next highest bidder (in descending order) at its final bid amount. In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, the Commission may declare the applicant and its principals ineligible to bid in future auctions, and may take any other action that it deems necessary, including institution of proceedings to revoke any existing authorizations held by the applicant. G. Refund of Remaining Upfront Payment Balance 234. After the auction, applicants that are not winning bidders or are winning bidders whose upfront payment exceeded the total net amount of their winning bids may be entitled to a refund of some or all of their upfront payment. All refunds will be returned to the payer of record, as identified on the FCC Form 159, unless the payer submits written authorization instructing otherwise. Bidders should not request a refund of their upfront payments before the Commission releases a public notice declaring the auction closed, identifying PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 the winning bidders, and establishing the deadlines for submitting down payments, long-form applications, and final payments. 235. Bidders are encouraged to file their refund information electronically using the Refund Information icon found on the Auction Application Manager page or through the Wire Transfer for Refund Purposes link available on the Auction Application Submit Confirmation page in the FCC Auction System. If an applicant has completed the refund instructions electronically, the refund will be sent automatically. If an applicant has not completed the refund instructions electronically, the applicant must send a written request. Federal Communications Commission. Gary D. Michaels, Deputy Chief, Auctions and Spectrum Access Division, WTB. [FR Doc. 2014–19080 Filed 8–11–14; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [DA 14–995] Notice of Debarment Federal Communications Commission. ACTION: Notice. AGENCY: The Enforcement Bureau (the ‘‘Bureau’’) debars Bryan J. Cahoon from the schools and libraries universal service support mechanism (or ‘‘E-Rate Program’’) for a period of three years. The Bureau takes this action to protect the E-Rate Program from waste, fraud, and abuse. DATES: Debarment commences on the date Mr. Bryan J. Cahoon receives the debarment letter or August 12, 2014, whichever date comes first, for a period of three years. FOR FURTHER INFORMATION CONTACT: Joy M. Ragsdale, Attorney Advisor, 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 telephone at (202) 418–1697 or by email at Joy.Ragsdale@fcc.gov. If Ms. Ragsdale is unavailable, you may contact Ms. Theresa Cavanaugh, Chief, Investigations and Hearings Division, by telephone at (202) 418–1420 and by email at Terry.Cavanaugh@fcc.gov. SUPPLEMENTARY INFORMATION: The Bureau debarred Mr. Bryan J. Cahoon from the schools and libraries service support mechanism for a period of three SUMMARY: E:\FR\FM\12AUN1.SGM 12AUN1 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Notices years pursuant to 47 CFR 54.8. Attached is the debarment letter, DA 14–995, which was mailed to Mr. Cahoon and released on July 15, 2014. The complete text of the notice of debarment is available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portal II, 445 12th Street SW., Room CY–A257, Washington, DC 20554. In addition, the complete text is available on the FCC’s Web site at http: //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, Chief, Investigations and Hearings Division, Enforcement Bureau. July 15, 2014 DA 14–995 emcdonald on DSK67QTVN1PROD with NOTICES SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND E-MAIL Mr. Bryan J. Cahoon Register Number 95443–038 FMC Devens Federal Medical Center P.O. Box 879 Ayer, MA 01432 Re: Notice of Debarment, FCC Case No. EB–IHD–13–00010969 Dear Mr. Cahoon: The Federal Communications Commission (Commission) hereby notifies you that, pursuant to Section 54.8 of its rules, you are prohibited from participating in activities associated with or relating to 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 March 17, 2014, the Commission’s Enforcement Bureau sent you a Notice of Suspension and Initiation of Debarment Proceedings (Suspension Notice) 2 that was published in the 1 47 CFR 54.8(e), (g); see also id. 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). 2 Letter from Theresa Z. Cavanaugh, Chief, Investigations and Hearings Division, FCC Enforcement Bureau, to Bryan J. Cahoon, Notice of Suspension and Initiation of Debarment Proceedings, 29 FCC Rcd 1924 (Enf. Bur. 2014) (Suspension Notice); Bryan J. Cahoon, Erratum, FCC VerDate Mar<15>2010 17:45 Aug 11, 2014 Jkt 232001 Federal Register on June 17, 2014.3 The Suspension Notice suspended you from participating in activities associated with or relating to the E-Rate program. It also described the basis for initiating debarment proceedings against you, the applicable debarment procedures, and the effect of debarment. As discussed in the Suspension Notice, in June 2013 you were convicted of one count of fraud and theft of federal funds in connection with the E-Rate program.4 This fraud and theft occurred while you were employed as the Director of the Information Technology Department (IT Department) for the City of Lawrence, Massachusetts, and as a city subcontractor through your company, Networks@Home, LLC (Networks@Home).5 As Director of the IT Department, you defrauded the ERate program by, among other things, circumventing the state’s procurement requirements to provide bidding information and instructions, and award contracts, to your friends and business associates.6 You also hired friends and associates to perform work for the City of Lawrence as interns.7 Then, as a city subcontractor through Networks@Home, you billed the City of Lawrence for the same work at inflated rates.8 As a result, the City of Lawrence was doublebilled.9 At least a portion of the funds that you obtained as a result of your fraudulent schemes were E-Rate funds that the City of Lawrence had received to improve its schools’ and libraries’ network and technological infrastructure.10 Pursuant to Section 54.8(c) of the Commission’s rules, your conviction of criminal conduct in connection with the E-Rate program is the basis for this 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 Suspension Notice or of its publication in the Federal Register, whichever date occurred first.12 The Case No. EB–IHD–13–00010969 (Mar. 11, 2014) (correcting the address in the caption of the Suspension Notice) (Attachment 1). 3 79 Fed. Reg. 34527 (June 17, 2014). 4 Suspension Notice, 29 FCC Rcd at 1925. 5 Id. 6 Id. at 1925–26. 7 Id. at 1926. 8 Id. 9 Id. 10 See id. at 1925–26. 11 47 CFR 54.8(c). 12 Id. 54.8 (e)(3)–(4). Any opposition had to be filed no later than April 16, 2014. PO 00000 Frm 00050 Fmt 4703 Sfmt 9990 47131 Commission did not receive any such opposition from you. For the foregoing reasons, you are debarred from participating in activities associated with or related to 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 ERate program, or consulting with, assisting, or advising applicants or service providers regarding the E-Rate program.14 Sincerely, Theresa Z. Cavanaugh, Chief Investigations and Hearings Division Enforcement Bureau cc: Johnnay Schrieber, Universal Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via email) William F. Bloomer, United States Attorney’s Office, District of Massachusetts (via e-mail) [FR Doc. 2014–19073 Filed 8–11–14; 8:45 am] BILLING CODE 6712–01–P FEDERAL ELECTION COMMISSION Sunshine Act Meeting AGENCY: Federal Election Commission DATE AND TIME: Tuesday July 22, 2014 at 10:00 a.m. PLACE: 999 E Street NW., Washington, DC This meeting will be closed to the public. STATUS: Federal Register Notice of Previous Announcement—79 FR 42009 This meeting will be continued at the conclusion of the open meeting on August 14, 2014. * * * * * CHANGE IN THE MEETING: PERSON TO CONTACT FOR INFORMATION: Judith Ingram, Press Officer, Telephone: (202) 694–1220. Shelley E. Garr, Deputy Secretary of the Commission. [FR Doc. 2014–19187 Filed 8–8–14; 4:15 pm] BILLING CODE 6715–01–P 13 Id. 14 Id. E:\FR\FM\12AUN1.SGM 54.8(e)(5), (g). 54.8(a)(1), (5), (d). 12AUN1

Agencies

[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Notices]
[Pages 47130-47131]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19073]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 14-995]


Notice of Debarment

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (the ``Bureau'') debars Bryan J. Cahoon 
from the schools and libraries universal service support mechanism (or 
``E-Rate Program'') for a period of three years. The Bureau takes this 
action to protect the E-Rate Program from waste, fraud, and abuse.

DATES: Debarment commences on the date Mr. Bryan J. Cahoon receives the 
debarment letter or August 12, 2014, whichever date comes first, for a 
period of three years.

FOR FURTHER INFORMATION CONTACT: Joy M. Ragsdale, Attorney Advisor, 
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 telephone at (202) 418-1697 or 
by email at Joy.Ragsdale@fcc.gov. If Ms. Ragsdale is unavailable, you 
may contact Ms. Theresa Cavanaugh, Chief, Investigations and Hearings 
Division, by telephone at (202) 418-1420 and by email at 
Terry.Cavanaugh@fcc.gov.

SUPPLEMENTARY INFORMATION: The Bureau debarred Mr. Bryan J. Cahoon from 
the schools and libraries service support mechanism for a period of 
three

[[Page 47131]]

years pursuant to 47 CFR 54.8. Attached is the debarment letter, DA 14-
995, which was mailed to Mr. Cahoon and released on July 15, 2014. The 
complete text of the notice of debarment is available for public 
inspection and copying during regular business hours at the FCC 
Reference Information Center, Portal II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554. In addition, the complete text is available 
on the FCC's Web site at https://www.fcc.gov. The text may also be 
purchased from the Commission's duplicating inspection and copying 
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,
Chief, Investigations and Hearings Division, Enforcement Bureau.

July 15, 2014

DA 14-995

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND E-MAIL

Mr. Bryan J. Cahoon
Register Number 95443-038
FMC Devens
Federal Medical Center
P.O. Box 879
Ayer, MA 01432

Re: Notice of Debarment, FCC Case No. EB-IHD-13-00010969

Dear Mr. Cahoon:
    The Federal Communications Commission (Commission) hereby notifies 
you that, pursuant to Section 54.8 of its rules, you are prohibited 
from participating in activities associated with or relating to 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\
---------------------------------------------------------------------------

    \1\ 47 CFR 54.8(e), (g); see also id. 0.111 (delegating 
authority to the Enforcement Bureau to resolve universal service 
suspension and debarment proceedings).
---------------------------------------------------------------------------

    On March 17, 2014, the Commission's Enforcement Bureau sent you a 
Notice of Suspension and Initiation of Debarment Proceedings 
(Suspension Notice) \2\ that was published in the Federal Register on 
June 17, 2014.\3\ The Suspension Notice suspended you from 
participating in activities associated with or relating to the E-Rate 
program. It also described the basis for initiating debarment 
proceedings against you, the applicable debarment procedures, and the 
effect of debarment.
---------------------------------------------------------------------------

    \2\ Letter from Theresa Z. Cavanaugh, Chief, Investigations and 
Hearings Division, FCC Enforcement Bureau, to Bryan J. Cahoon, 
Notice of Suspension and Initiation of Debarment Proceedings, 29 FCC 
Rcd 1924 (Enf. Bur. 2014) (Suspension Notice); Bryan J. Cahoon, 
Erratum, FCC Case No. EB-IHD-13-00010969 (Mar. 11, 2014) (correcting 
the address in the caption of the Suspension Notice) (Attachment 1).
    \3\ 79 Fed. Reg. 34527 (June 17, 2014).
---------------------------------------------------------------------------

    As discussed in the Suspension Notice, in June 2013 you were 
convicted of one count of fraud and theft of federal funds in 
connection with the E-Rate program.\4\ This fraud and theft occurred 
while you were employed as the Director of the Information Technology 
Department (IT Department) for the City of Lawrence, Massachusetts, and 
as a city subcontractor through your company, Networks@Home, LLC 
(Networks@Home).\5\ As Director of the IT Department, you defrauded the 
E-Rate program by, among other things, circumventing the state's 
procurement requirements to provide bidding information and 
instructions, and award contracts, to your friends and business 
associates.\6\ You also hired friends and associates to perform work 
for the City of Lawrence as interns.\7\ Then, as a city subcontractor 
through Networks@Home, you billed the City of Lawrence for the same 
work at inflated rates.\8\ As a result, the City of Lawrence was 
double-billed.\9\ At least a portion of the funds that you obtained as 
a result of your fraudulent schemes were E-Rate funds that the City of 
Lawrence had received to improve its schools' and libraries' network 
and technological infrastructure.\10\ Pursuant to Section 54.8(c) of 
the Commission's rules, your conviction of criminal conduct in 
connection with the E-Rate program is the basis for this debarment.\11\
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    \4\ Suspension Notice, 29 FCC Rcd at 1925.
    \5\ Id.
    \6\ Id. at 1925-26.
    \7\ Id. at 1926.
    \8\ Id.
    \9\ Id.
    \10\ See id. at 1925-26.
    \11\ 47 CFR 54.8(c).
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    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 Suspension 
Notice or of its publication in the Federal Register, whichever date 
occurred first.\12\ The Commission did not receive any such opposition 
from you.
---------------------------------------------------------------------------

    \12\ Id. 54.8 (e)(3)-(4). Any opposition had to be filed no 
later than April 16, 2014.
---------------------------------------------------------------------------

    For the foregoing reasons, you are debarred from participating in 
activities associated with or related to 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-Rate program, or consulting with, 
assisting, or advising applicants or service providers regarding the E-
Rate program.\14\
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    \13\ Id. 54.8(e)(5), (g).
    \14\ Id. 54.8(a)(1), (5), (d).
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Sincerely,
Theresa Z. Cavanaugh,
Chief Investigations and Hearings Division Enforcement Bureau
    cc: Johnnay Schrieber, Universal Service Administrative Company 
(via e-mail)
    Rashann Duvall, Universal Service Administrative Company (via e-
mail)
    William F. Bloomer, United States Attorney's Office, District of 
Massachusetts (via e-mail)

[FR Doc. 2014-19073 Filed 8-11-14; 8:45 am]
BILLING CODE 6712-01-P
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