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40360 Federal Register / Vol. 70, No.

133 / Wednesday, July 13, 2005 / Notices

by the October 22, 2004 plea agreement upon B. Debarment Procedures FEDERAL COMMUNICATIONS
which your conviction is based, you pled You may contest debarment or the scope of COMMISSION
guilty to mail fraud and money laundering the proposed debarment by filing arguments
offenses for activities in connection with [DA 05–1729]
and any relevant documentation within 30
your participation, through your Virginia-
calendar days of the earlier of the receipt of Notice of Suspension and of Proposed
based consulting company, in the E-Rate
program with certain schools in Wisconsin this letter or of publication in the Federal Debarment
and Illinois. In connection with the mail Register.15 Absent extraordinary
circumstances, the Bureau will debar you.16 AGENCY: Federal Communications
fraud offenses, you admitted to conspiring
and carrying out, with other co-conspirators, Within 90 days of receipt of any opposition Commission.
the following acts: (1) Illegally inducing to your suspension and proposed debarment, ACTION: Notice.
certain Wisconsin and Illinois schools to the Bureau, in the absence of extraordinary
circumstances, will provide you with notice SUMMARY: The Enforcement Bureau
select your consulting company as the
schools’ E-Rate service provider by promising of its decision to debar.17 If the Bureau (Bureau) gives notice of Mr. Ronald R.
school officials that their school would not decides to debar you, its decision will Morrett, Jr. suspension from the schools
have to pay their undiscounted share of the become effective upon the earlier of your and libraries universal service support
cost under the E-Rate program; (2) taking receipt of a debarment notice or publication mechanism. In addition, the Bureau
over those schools’ role in completing and of the decision in the Federal Register.18 gives notice that debarment proceedings
submitting E-Rate applications, and causing are commencing against Mr. Ronald R.
those schools to enter into unnecessarily C. Effect of Debarment Morrett, Jr.
large contracts for infrastructure If and when your debarment becomes DATES: Opposition request must be
enhancements under the E-Rate program; (3) effective, you will be prohibited from received by August 12, 2005. An
submitting materially false and fraudulent participating in activities associated with or opposition request by the party to be
invoices and other documents to the E-Rate related to the schools and libraries support
program claiming that the schools have been suspended must be received 30 days
mechanism for at least three years from the from the receipt of the suspension letter
billed for their undiscounted share; (4)
date of debarment.19 The Bureau may, if or by August 12, 2005. The Bureau will
submitting materially false and fraudulent
invoices and other documents to the E-Rate necessary to protect the public interest, decide any opposition request for
program claiming that certain work had been extend the debarment period.20 reversal or modification of suspension
performed and goods supplied to the schools; Please direct any responses to the within 90 days of its receipt of such
and (5) receiving payment from the E-Rate following address: Diana Lee, Federal requests.
program for goods and services that you Communications Commission, Enforcement
Bureau, Investigations and Hearings Division, FOR FURTHER INFORMATION CONTACT:
fraudulently claimed your consulting
company had provided to the schools.11 In Room 4–C443, 445 12th Street, SW., Diana Lee, Federal Communications
connection with the money laundering Washington, DC 20554. Commission, Enforcement Bureau,
offenses, you admitted to conspiring and If you submit your response via hand- Investigations and Hearings Division,
carrying out, with other co-conspirators, an delivery or non-United States Postal Service Room 4-C330, 445 12th Street, SW.,
unlawful scheme to transfer the fraudulently delivery (e.g., Federal Express, DHL, etc.), Washington, DC 20554. Diana Lee may
obtained E-Rate payments from the United please send the response to Ms. Lee at the be contacted by phone at (202) 418–
States to Pakistan through the unknowing following address: Federal Communications 0843 or e-mail at diana.lee@fcc.gov.
services of other individuals designed, in Commission, 9300 East Hampton Drive, SUPPLEMENTARY INFORMATION: The
whole or in part, to conceal and disguise the
Capitol Heights, MD 20743. Bureau has suspension and debarment
nature, location, source, ownership, and
control of these monies.12 These actions
If you have any questions, please contact authority under 47 CFR 521 and 47 CFR
constitute the conduct or transactions upon Ms. Lee via mail, by telephone at (202) 418– 0.111(a) (14). Suspension will help
which this debarment proceeding is based.13 0843 or by e-mail at diana.lee@fcc.gov. ensure that the party to be suspended
Moreover, your conviction on the basis of Sincerely yours, cannot continue to benefit from the
these acts falls within the categories of causes William H. Davenport, schools and libraries mechanism
for debarment defined in § 54.521(c) of the pending resolution of the debarment
Chief, Investigations and Hearings Division,
Commission’s rules.14 Therefore, pursuant to process. Attached is the suspension
§ 54.521(a)(4) of the Commission’s rules, your Enforcement Bureau.
letter, Notice of Suspension and of
conviction requires the Bureau to commence cc: Carla Stern, Assistant United States Proposed Debarment, DA 05–1729,
debarment proceedings against you. Attorney, DOJ (E-mail) which was sent by certified mail to Mr.
Kristy Carroll, Esq., USAC (E-mail) Ronald R. Morrett, Jr. and released on
government or legal entity, however, organized.’’ 47 [FR Doc. 05–13745 Filed 7–12–05; 8:45 am] June 23, 2005. The letter (1) Gives notice
CFR 54.521(a)(6).
11 See Qasim Bokhari Plea Agreement at 1–5. BILLING CODE 6712–01–P of the suspension; (2) gives notice of
12 See Qasim Bokhari Plea Agreement at 1, 6–9. proposed debarment; (3) gives the
13 Second Report and Order, 18 FCC Rcd at 9226, reasons for and cause of debarment; (4)
¶ 70; 47 CFR 54.521(e)(2)(i). 15 See Second Report and Order, 18 FCC Rcd at explains the debarment procedures; and
14 ‘‘Causes for suspension and debarment are the
9226, ¶ 70; 47 CFR 54.521(e)(2(i), 54.521(e)(3). (5) describes the potential the effect of
conviction of or civil judgment for attempt or 16 Second Report and Order, 18 FCC Rcd at 9227, the debarment. The complete text of the
commission of criminal fraud, theft, embezzlement,
forgery, bribery, falsification or destruction of
¶ 74. suspension letter is available for public
records, making false statements, receiving stolen
17 See id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR
inspection and copying during regular
property, making false claims, obstruction of justice 54.521(e)(5). business hours at the FCC Reference
and other fraud or criminal offense arising out of 18 Id. The Commission may reverse a debarment,
Information Center, Portal II, 445 12th
activities associated with or related to the schools or may limit the scope or period of debarment upon
and libraries support mechanism.’’ 47 CFR
Street, SW., Room CY–A257,
a finding of extraordinary circumstances, following
54.521(c). Such activities ‘‘include the receipt of the filing of a petition by you or an interested party
Washington, DC 20554, In addition, the
funds or discounted services through the schools or upon motion by the Commission. 47 CFR complete text is available on the FCC’s
and libraries support mechanism, or consulting Web site at http://www.fcc.gov. The text
54.521(f).
with, assisting, or advising applicants or service
providers regarding schools and libraries support
19 Second Report and Order, 18 FCC Rcd at 9225, may also be purchased from the
mechanism described in this section ([47 CFR] ¶ 67; 47 CFR 54.521(d), 54.521(g). Commission’s duplicating contractor,
§ 54.500 et seq.).’’ 47 CFR 54.521(a)(1). 20 Id. Best Copy and Printing, Inc., Portal II,

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Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices 40361

445 12th Street, SW., Room CY–B420, may contest this suspension or the scope of your conviction on the basis of these acts
Washington, DC 20554, telephone (202) this suspension by filing arguments in falls within the categories of causes for
488–5300 or (800) 378–3160, facsimile opposition to the suspension, with any debarment defined in section 54.521(c) of the
relevant documentation. Your request must Commission’s rules.15 Therefore, pursuant to
(202) 488–5563, or via e-mail http://
be received within 30 days after you receive section 54.521(a)(4) of the Commission’s
www.bcpiweb.com. this letter or after notice is published in the rules, your conviction requires the Bureau to
Federal Communications Commission. Federal Register, whichever comes first.6 commence debarment proceedings against
William H. Davenport, Such requests, however, will not ordinarily you.
Chief, Investigations and Hearings Division, be granted.7 The Bureau may reverse or limit
the scope of suspension only upon a finding B. Debarment Procedures
Enforcement Bureau.
of extraordinary circumstances.8 Absent You may contest debarment or the scope of
The suspension letter follows: extraordinary circumstances, the Bureau will the proposed debarment by filing arguments
June 23, 2005 decide any request for reversal or and any relevant documentation within 30
modification of suspension within 90 days of calendar days of the earlier of the receipt of
Via certified mail, return receipt requested
its receipt of such request.9 this letter or of publication in the Federal
Mr. Ronald R. Morrett, Jr., 1809 Holly Drive, Register.16 Absent extraordinary
Harrisburg, PA 17110. II. Notice of Proposed Debarment circumstances, the Bureau will debar you.17
Re: Notice of Suspension and of Proposed A. Reasons for and Cause of Debarment Within 90 days of receipt of any opposition
Debarment File No. EB–03–IH–0615 to your suspension and proposed debarment,
The Commission has established the Bureau, in the absence of extraordinary
Dear Mr. Morrett: The Federal procedures to prevent persons who have circumstances, will provide you with notice
Communications Commission (‘‘FCC’’ or ‘‘defrauded the government or engaged in of its decision to debar.18 If the Bureau
‘‘Commission’’) has received notice of your similar acts through activities associated with decides to debar you, its decision will
May 16, 2005 conviction for conspiracy to or related to the schools and libraries support become effective upon the earlier of your
engage in bribery in a federally funded mechanism’’ from receiving the benefits receipt of a debarment notice or publication
program, in violation of 18 U.S.C. 371.1 associated with that program.10 As provided of the decision in the Federal Register.19
Consequently, pursuant to 47 CFR 54.521, by your December 8, 2003 plea agreement
this letter constitutes official notice of your upon which your conviction is based, you C. Effect of Debarment
suspension from the schools and libraries pleaded guilty to a felony information If and when your debarment becomes
universal service support mechanism (or ‘‘E- charging you with conspiracy in violation of effective, you will be prohibited from
Rate program’’). In addition, the Enforcement 18 U.S.C. 371.11 The felony information participating in activities associated with or
Bureau (‘‘Bureau’’) hereby notifies you that alleges that in 2000, the Harrisburg related to the schools and libraries support
we are commencing debarment proceedings (Pennsylvania) School District awarded a mechanism for at least three years from the
against you.2 multi-million dollar E-Rate contract to you date of debarment.20 The Bureau may, if
and EMO Communications, Inc. (‘‘EMO’’) for necessary to protect the public interest,
I. Notice of Suspension
the development and installation of an extend the debarment period.21
Pursuant to section 54.521(a)(4) of the educational technology system for the school Please direct any responses to the
Commission’s rules,3 your conviction district; that a grant from the E-Rate program following address: Diana Lee, Federal
requires the Bureau to suspend you from funded a substantial portion of the cost of Communications Commission, Enforcement
participating in any activities associated with this contract; that you and EMO received Bureau, Investigations and Hearings Division,
or related to the schools and libraries support payments from the E-Rate program only after Room 4C–330, 445 12th Street, SW.,
mechanism, including the receipt of funds or John Weaver, Information Technology Washington, DC 20554.
discounted services through the schools and Director for the school district, certified that If you submit your response via hand-
libraries support mechanism, or consulting you and EMO had performed specified work delivery or non-United States Postal Service
with, assisting, or advising applicants or under the contract; and that you agreed to
service providers regarding the schools and delivery (e.g., Federal Express, DHL, etc.),
make kickback payments of more than $1.9 please send the response to Ms. Lee at the
libraries support mechanism.4 Your
million to Weaver while he processed following address: Federal Communications
suspension becomes effective upon the
certifications that were essential to you in
earlier of your receipt of this letter or
obtaining E-Rate funded payments on the 15 ‘‘Causes for suspension and debarment are the
publication of notice in the Federal
contract.12 The felony information charges conviction of or civil judgment for attempt or
Register.5
Suspension is immediate pending the you, Weaver, and others with conspiring to commission of criminal fraud, theft, embezzlement,
Bureau’s final debarment determination. You corruptly give, offer, and agree to give things forgery, bribery, falsification or destruction of
of value with the intent to influence an agent records, making false statements, receiving stolen
of the Harrisburg School District and in property, making false claims, obstruction of justice
1 Any further reference in this letter to ‘‘your
and other fraud or criminal offense arising out of
conviction’’ refers to your December 8, 2003 guilty furtherance of that conspiracy, causing more
activities associated with or related to the schools
plea for conspiracy and conviction therefor. See than $1.9 million in payments to be made to and libraries support mechanism.’’ 47 CFR
United States v. Morrett, Criminal Docket No. 03– Weaver.13 Pursuant to your plea agreement, 54.521(c). Such activities ‘‘include the receipt of
337, Information at 4 (M.D.Pa. filed December 8, you have pleaded guilty to the charge of funds or discounted services through the schools
2003) (‘‘Morrett Information’’); United States v. conspiracy set forth in the felony and libraries support mechanism, or consulting
Morrett, Criminal Docket No. 03–337, Plea information. These actions constitute the with, assisting, or advising applicants or service
Agreement at 1–2 (M.D.Pa. filed Dec. 8, 2003) providers regarding schools and libraries support
(‘‘Morrett Plea Agreement’’); United States v.
conduct or transactions upon which this
debarment proceeding is based.14 Moreover, mechanism described in this section ([47 CFR
Morrett, Criminal Docket No. 03–337, Judgment 54.500 et seq.).’’ 47 CFR 54.521(a)(1).
(M.D.Pa. filed May 16, 2005 and entered May 18, 16 See Second Report and Order, 18 FCC Rcd at
2005). 6 Second Report and Order, 18 FCC Rcd at 9226,
2 47 CFR 54.521; 47 CFR 0.111(a)(14) (delegating
9226, ¶ 70; 47 CFR 54.521(e)(2(i), 54.521(e)(3).
¶ 70; 47 CFR 54.521(e)(4). 17 Second Report and Order, 18 FCC Rcd at 9227,
to the Enforcement Bureau authority to resolve 7 Second Report and Order, 18 FCC Rcd at 9226,
universal service suspension and debarment ¶ 74.
¶ 70. 18 See Id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR
proceedings pursuant to 47 CFR 54.521). 8 47 CFR 54.521(f).
3 47 CFR 54.521(a)(4). See Schools and Libraries 54.521(e)(5).
9 See Second Report and Order, 18 FCC Rcd at
19 Id. The Commission may reverse a debarment,
Universal Service Support Mechanism, Second 9226, ¶ 70; 47 CFR 54.521(e)(5), 54.521(f).
Report and Order and Further Notice of Proposed or may limit the scope or period of debarment upon
10 Second Report and Order, 18 FCC Rcd at 9225,
Rulemaking, 18 FCC Rcd 9202, 9225–9227, ¶¶ 67– a finding of extraordinary circumstances, following
74 (2003) (‘‘Second Report and Order’’). ¶ 66. the filing of a petition by you or an interested party
11 See Morrett Plea Agreement at 1.
4 Second Report and Order, 18 FCC Rcd at 9225, or upon motion by the Commission. 47 CFR
12 Morrett Information at 2–3. 54.521(f).
¶ 67; 47 U.S.C. 254; 47 CFR 54.502–54.503; 47 CFR
54.521(a)(4). 13 Morrett Information at 4–5. 20 Second Report and Order, 18 FCC Rcd at 9225,

5 Second Report and Order, 18 FCC Rcd at 9226, 14 Second Report and Order, 18 FCC Rcd at 9226, ¶ 67; 47 CFR 54.521(d), 54.521(g).
¶ 69; 47 CFR 54.521(e)(1). ¶ 70; 47 CFR 54.521(e)(2)(i). 21 Id.

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40362 Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices

Commission, 9300 East Hampton Drive, for the proper performance of the Total Annual Cost: None.
Capitol Heights, MD 20743. functions of the Commission, including Privacy Impact Assessment: No
If you have any questions, please contact whether the information shall have impact(s).
Ms. Lee via mail, by telephone at (202) 418–
practical utility; (b) the accuracy of the Needs and Uses: Needs: 47 CFR
1420 or by e-mail at diana.lee@fcc.gov. If Ms.
Lee is unavailable, you may contact Eric Bash Commission’s burden estimate; (c) ways 73.1820 requires that each licensee of an
by telephone at (202) 418–1420 and by e-mail to enhance the quality, utility, and AM, FM or TV broadcast station
at eric.bash@fcc.gov. clarity of the information collected; and maintain a station log. Each entry must
Sincerely yours, (d) ways to minimize the burden of the accurately reflect the station’s operation.
William H. Davenport, collection of information on the This log should reflect adjustments to
Chief, Investigations and Hearings Division, respondents, including the use of operating parameters for AM stations
Enforcement Bureau. automated collection techniques or with directional antennas without an
cc: Brian Perry, Esq., Nealson & Gover; Kristy other forms of information technology. approved sampling system, for all
Carroll, Esq., USAC (E-mail); Marty DATES: Written Paperwork Reduction stations the actual time of any
Carlson, Esq., Assistant United States Act (PRA) comments should be observation of extinguishment or
Attorney, Middle District of Pennsylvania improper operation of tower lights, and
submitted on or before September 12,
(E-mail).
2005. If you anticipate that you will be entry of each test of the Emergency Alert
[FR Doc. 05–13744 Filed 7–12–05; 8:45 am] System (EAS) for commercial stations.
submitting comments, but find it
BILLING CODE 6712–01–P
difficult to do so within the period of The data is used by FCC staff in field
time allowed by this notice, you should investigations to assure that the licensee
advise the contact listed below as soon is operating in accordance with the
FEDERAL COMMUNICATIONS technical requirements as specified in
as possible.
COMMISSION the FCC Rules and with the station
ADDRESSES: Direct all Paperwork
Notice of Public Information Reduction Act (PRA) comments to authorization, and is taking reasonable
Collection(s) Being Reviewed by the Cathy Williams, Federal measures to preclude interference to
Federal Communications Commission, Communications Commission, Room 1– other stations. It is also used to verify
Comments Requested C823, 445 12th Street, SW., Washington, that the EAS is operating properly.
DC 20554 or via the Internet to Federal Communications Commission.
June 30, 2005. Cathy.Williams@fcc.gov. Marlene H. Dortch,
SUMMARY: The Federal Communications
FOR FURTHER INFORMATION CONTACT: For Secretary.
Commission, as part of its continuing
additional information or copies of the [FR Doc. 05–13478 Filed 7–12–05; 8:45 am]
effort to reduce paperwork burden
information collection(s), contact Cathy BILLING CODE 6712–10–P
invites the general public and other
Williams at (202) 418–2918 or via the
Federal agencies to take this
Internet at Cathy.Williams@fcc.gov.
opportunity to comment on the
SUPPLEMENTARY INFORMATION: OMB FEDERAL COMMUNICATIONS
following information collection(s), as
Control Number: 3060–0126. COMMISSION
required by the Paperwork Reduction
Act (PRA) of 1995, Public Law No. 104– Title: Section 73.1820, Station Log.
Form Number: Not applicable. Sunshine Act Meeting, Open
13. An agency may not conduct or Type of Review: Extension of a Commission Meeting; Thursday, July
sponsor a collection of information currently approved collection. 14, 2005
unless it displays a currently valid Respondents: Business or other for-
control number. No person shall be July 7, 2005.
profit entities; Not-for-profit
subject to any penalty for failing to institutions. The Federal Communications
comply with a collection of information Number of Respondents: 15,200. Commission will hold an Open Meeting
subject to the Paperwork Reduction Act Estimated Time per Response: 0.017– on the subjects listed below on
that does not display a valid control 0.5 hours. Thursday, July 14, 2005, which is
number. Comments are requested Frequency of Response: scheduled to commence at 9:30 a.m. in
concerning (a) Whether the proposed Recordkeeping requirement. Room TW–C305, at 445 12th Street,
collection of information is necessary Total Annual Burden: 15,095 hours. SW., Washington, DC.

Item Bureau Subject


No.

1 .... Consumer & Governmental Affairs ................ Title: Telecommunications Relay Services and Speech-to-Speech Services for Individuals
with Hearing and Speech Disabilities (CC Docket No. 98–67 and CG Docket No. 3–
123).
Summary: The Commission will consider an Order concerning captioned telephone serv-
ice and the compensation of two-line captioned telephone calls from the Interstate TRS
Fund.
2 .... Consumer & Governmental Affairs ................ Title: Telecommunications Relay Services and Speech-to-Speech Services for Individuals
with Hearing and Speech Disabilities (CG Docket No. 03–123 and CC Docket No. 98–
67).
Summary: The Commission will consider a Report and Order concerning the Commis-
sion’s rules governing the provision of Video Relay Service, including speed of answer,
hours of service, and VRS Mail.
3 .... Consumer & Governmental Affairs ................ Title: Telecommunications Relay Services and Speech-to-Speech Services for Individuals
with Hearing and Speech Disabilities (CC Docket No. 98–67 and CG Docket No. 03–
123).
Summary: The Commission will consider an Order on Reconsideration concerning the
compensation of Spanish translation Video Relay Service from the Interstate TRS Fund.

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