[Federal Register Volume 70, Number 50 (Wednesday, March 16, 2005)]
[Notices]
[Pages 12883-12884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5168]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 05-607]


Notice of Suspension and of Proposed Debarment File No. EB-03-IH-
0684

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (``Bureau'') gives notice to Mr. John 
Henry Weaver's suspension from the schools and libraries universal 
service support mechanism. Additionally, the Bureau gives notice that 
debarment proceeding are commencing against him.

DATES: Opposition requests must be received by April 15, 2005. However, 
an opposition request by the party to be suspended must be received 30 
days from the receipt of suspension letter or April 15, 2005, 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.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554; Federal Communications Commission, 9300 East 
Hampton Drive, Capitol Heights, Maryland 20743.

FOR FURTHER INFORMATION CONTACT: Ms. Diana Lee, Federal Communications 
Commission, Enforcement Bureau, Investigations and Hearings Division, 
Room 4-A265, 445 12th Street, SW., Washington, DC 20554. Diana Lee can 
be contacted on (202) 418-1420 or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The Bureau has suspension and debarment 
authority under 47 CFR 521 and 47 CFR 0.111(a)(14). 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, Notice of 
Suspension and of Proposed Debarment Proceedings. DA05-607, which was 
mailed to Mr. John Henry Weaver and released on March 8, 2005. The 
letter (1) gives notice of the suspension and proposed debarment; (2) 
gives the reasons for the proposed debarment; (3) explains the 
debarment procedures, and (4) describes the potential effect of 
debarment. The complete text of the suspension letter is available for 
public inspection and copying during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street, SW., Room 
CY-A257, Washington, DC 20554. In addition, the complete text of this 
letter may be retrieved from the FCC's Web site at http://www.fcc.gov. 
The text may also be purchased from the Commission's duplicating 
contractor, BCPI, Portals II, 445 12th Street, SW., Room CY-B400, 
Washington, DC 20554, telephone (202) 488-5300, facsimile (202) 488-
5563, or via e-mail [email protected].

Federal Communications Commission.
William H. Davenport,
Chief, Investigations and Hearings Division, Enforcement Bureau.

    The suspension letter follows:

March 8, 2005.
Via Certified Mail
Return Receipt Requested
John Henry Weaver
146 Weldon Drive
York, PA 17404

Re: Notice of Suspension and of Proposed Debarment; File No. EB-03-IH-
0684

    Dear Mr. Weaver: The Federal Communications Commission (``FCC'' 
or ``Commission'') has received notice of your March 1, 2005 
conviction pursuant to 18 U.S.C. 371 and 666 for conspiracy to 
engage in bribery in a federally funded program.\1\ Consequently, 
pursuant to 47 CFR 54.521, this letter constitutes official notice 
of your suspension from the schools and libraries universal service 
support mechanism. In addition, the Enforcement Bureau (``Bureau'') 
hereby notifies you that we are commencing debarment proceedings 
against you.\2\
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    \1\ Any further reference in this letter to ``your conviction'' 
refers to your March 1, 2005 conviction based on your December 8, 
2003 guilty plea to this count because you ``did knowingly combine, 
conspire, confederate and agree with persons * * * to corruptly 
give, offer and agree to give things of value to another person with 
the intent to influence an agency of the Harrisburg School 
District.'' See United States v. Weaver, Criminal Docket No. 03-337, 
Information at 4 (M.D.Pa. filed December 8, 2003) (``Weaver 
Information''); United States v. Weaver, Criminal Docket No. 03-337, 
Plea Agreement at 1-2 (M.D.Pa. filed December 8, 2003) (``Weaver 
Plea Agreement''); United States v. Weaver, Judgment (M.D.Pa. filed 
on March 1, 2005 and entered on March 4, 2005) (``Weaver 
Judgment'').
    \2\ 47 CFR 54.521; 47 CFR 0.111(a)(14) (delegating to the 
Enforcement Bureau authority to resolve universal service suspension 
and debarment proceedings pursuant to 47 CFR 54.521).
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I. Notice of Suspension

    Pursuant to section 54.521(a)(4) of the Commission's rules.\3\ 
your conviction requires the Bureau to suspend you from 
participating in any activities associated with or related to the 
schools and libraries fund mechanism, including the receipt of funds 
or discounted services through the schools and libraries fund 
mechanism, or consulting with, assisting, or advising applicants or 
service providers regarding the schools and libraries support 
mechanism.\4\ Your suspension becomes effective upon the earlier of 
your receipt of this letter or publication of notice in the Federal 
Register.\5\
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    \3\ 47 CFR 54.521(a)(4). See Schools and Libraries Universal 
Service Support Mechanism, Second Report and Order and Further 
Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, ]] 67-74 
(2003) (``Second Report and Order'').
    \4\ Second Report and Order, 18 FCC Rcd at 9225, ] 67; 47 U.S.C. 
254; 47 CFR 54.502-54.503; 47 CFR Sec.  54.521(a)(4).
    \5\ Second Report and Order, 18 FCC Rcd at 9226, ] 69; 47 CFR 
54.521(e)(1).
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    Suspension is immediate pending the Bureau's final debarment 
determination. You may contest this suspension or the scope of this 
suspension by filing arguments in opposition to the suspension, with 
any relevant documentation. Your request must be received within 30 
days after you receive this letter or after notice is published in 
the Federal Register whichever comes first.\6\ Such requests, 
however, will not ordinarily be granted.\7\ The Bureau may reverse 
or limit the scope of suspension only upon a finding of 
extraordinary circumstances.\8\ Absent extraordinary circumstances, 
the Bureau will decide any request for reversal or modification of 
suspension within 90 days of its receipt of such request.\9\
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    \6\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR 
54.521(e)(4).
    \7\ Second Report and Order, 18 FCC Rcd at 9226, ] 70.
    \8\ 47 CFR 54.521(f).
    \9\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR 
54.521(e)(5), 54.521(f).
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II. Notice of Proposed Debarment

A. Reasons for and Cause of Debarment

    Commission rules establish 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.\10\ On March 1, 2005, you were convicted based on a 
December 8, 2003 plea of guilty to participating in a conspiracy 
with Ronald R.

[[Page 12884]]

Morrett, Jr. (``Morrett'') of EMO Communications, Inc. 
(``EMO'').\11\ You admitted to the following acts: (1) Receiving 
$1.9 million in kickback payments from Morrett while you were 
responsible for certifying Morrett and EMO had performed work 
specified in a contract that is 80% funded by the federal E-rate 
program; and (2) concealing those payments by causing some of the 
payments to be funneled through various bank accounts belonging to 
third parties.\12\ These actions constitute the conduct or 
transactions upon which this debarment proceeding is based.\13\ 
Moreover, your conviction on the basis of these acts falls within 
the categories of causes for debarment defined in section 54.521(c) 
of the Commission's rules.\14\ Therefore, pursuant to section 
54.521(a)(4) of the Commission's rules, your conviction requires the 
Bureau to commence debarment proceedings against you.
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    \10\ Second Report and Order, 18 FCC Rcd at 9225, ] 66.
    \11\ Weaver Judgment at 1; Weaver Plea Agreement at 1-2.
    \12\ Weaver Information 2-3, 6-7; Weaver Plea Agreement at 1-2.
    \13\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR 
54.521(e)(2)(i).
    \14\ ``Causes for suspension and debarment are the conviction of 
or civil judgment for attempt or commission of criminal fraud, 
theft, embezzlement, forgery, bribery, falsification or destruction 
of records, making false statements, receiving stolen property, 
making false claims, obstruction of justice and other fraud or 
criminal offense arising out of activities associated with or 
related to the schools and libraries support mechanism.'' 47 CFR 
54.521(c). Such activities ``include the receipt of funds or 
discounted services through the schools and libraries support 
mechanism, or consulting with, assisting, or advising applicants or 
service providers regarding schools and libraries support mechanism 
described in this section ([47 CFR] 54.500 et seq.).'' 47 CFR 
54.521(a)(1).
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B. Debarment Procedures

    You may contest debarment or the scope of the proposed debarment 
by filing arguments and any relevant documentation within 30 
calendar days of the earlier of the receipt of this letter or of 
publication in the Federal Register.\15\ Absent extraordinary 
circumstances, the Bureau will debar you.\16\ Within 90 days of 
receipt of any opposition to your suspension and proposed debarment, 
the Bureau, in the absence of extraordinary circumstances, will 
provide you with notice of its decision to debar.\17\ If the Bureau 
decides to debar you, its decision will become effective upon the 
earlier of your receipt of a debarment notice or publication of its 
decision in the Federal Register.\18\
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    \15\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 
CFR 54.521(e)(2)(i), 54.521(e)(3).
    \16\ Second Report and Order, 18 FCC Rcd at 9227, ] 74.
    \17\ See id., 18 FCC Rcd at 9226, ] 70; 47 CFR 54.521(e)(5).
    \18\ 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 CFR 54.521(f).
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C. Effect of Debarment

    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 at least 
three years from the date of debarment.\19\ The Bureau may, if 
necessary to protect the public interest, extend the debarment 
period.\20\
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    \19\ Second Report and Order, 18 FCC Rcd at 9225, ] 67; 47 CFR 
54.521(d), 54.521(g).
    \20\ Id.
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    Please direct any responses to the following address: Diana Lee, 
Federal Communications Commission, Enforcement Bureau, 
Investigations and Hearings Division, Room 4-C443, 445 12th Street, 
SW., Washington DC 20554.
    If you submit your response via hand-delivery or non-United 
States Postal Service delivery (Federal Express, DHL, etc.), please 
send your response to Ms. Lee at the following address: Federal 
Communications Commission, 9300 East Hampton Drive, Capitol Heights, 
MD 20743.
    If you have any questions, please contact Ms. Lee via mail, by 
telephone at (202) 418-1420 or by e-mail at [email protected]. If 
Ms. Lee is unavailable, you may contact Hillary DeNigro by telephone 
at (202) 418-1420 and by e-mail at [email protected].
    Sincerely yours,

William H. Davenport,
Chief, Investigations and Hearings Division, Enforcement Bureau.

    cc: Gerald Lord, Miller, Poole & Lord, LLP
    Kristy Carroll, USAC (E-mail)
    Marty Carlson, United States Attorney, Middle District of 
Pennsylvania (E-mail)

[FR Doc. 05-5168 Filed 3-15-05; 8:45 am]
BILLING CODE 6712-01-P