[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Notices]
[Pages 40360-40362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13744]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 05-1729]


Notice of Suspension and of Proposed Debarment

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (Bureau) gives notice of Mr. Ronald R. 
Morrett, Jr. suspension from the schools and libraries universal 
service support mechanism. In addition, the Bureau gives notice that 
debarment proceedings are commencing against Mr. Ronald R. Morrett, Jr.

DATES: Opposition request must be received by August 12, 2005. An 
opposition request by the party to be suspended must be received 30 
days from the receipt of the suspension letter or by August 12, 2005. 
The Bureau will decide any opposition request for reversal or 
modification of suspension within 90 days of its receipt of such 
requests.

FOR FURTHER INFORMATION CONTACT: Diana Lee, Federal Communications 
Commission, Enforcement Bureau, Investigations and Hearings Division, 
Room 4-C330, 445 12th Street, SW., Washington, DC 20554. Diana Lee may 
be contacted by phone at (202) 418-0843 or 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 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, DA 05-1729, which was sent by 
certified mail to Mr. Ronald R. Morrett, Jr. and released on June 23, 
2005. The letter (1) Gives notice of the suspension; (2) gives notice 
of proposed debarment; (3) gives the reasons for and cause of 
debarment; (4) explains the debarment procedures; and (5) describes the 
potential the effect of the 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, 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 contractor, Best Copy and Printing, Inc., 
Portal II,

[[Page 40361]]

445 12th Street, SW., Room CY-B420, Washington, DC 20554, telephone 
(202) 488-5300 or (800) 378-3160, facsimile (202) 488-5563, or via e-
mail http://www.bcpiweb.com.

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

    The suspension letter follows:
June 23, 2005

Via certified mail, return receipt requested

Mr. Ronald R. Morrett, Jr., 1809 Holly Drive, Harrisburg, PA 17110.

Re: Notice of Suspension and of Proposed Debarment File No. EB-03-IH-
0615

    Dear Mr. Morrett: The Federal Communications Commission (``FCC'' 
or ``Commission'') has received notice of your May 16, 2005 
conviction for conspiracy to engage in bribery in a federally funded 
program, in violation of 18 U.S.C. 371.\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 (or ``E-Rate program''). 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 December 8, 2003 guilty plea for conspiracy and 
conviction therefor. See United States v. Morrett, Criminal Docket 
No. 03-337, Information at 4 (M.D.Pa. filed December 8, 2003) 
(``Morrett Information''); United States v. Morrett, Criminal Docket 
No. 03-337, Plea Agreement at 1-2 (M.D.Pa. filed Dec. 8, 2003) 
(``Morrett Plea Agreement''); United States v. Morrett, Criminal 
Docket No. 03-337, Judgment (M.D.Pa. filed May 16, 2005 and entered 
May 18, 2005).
    \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 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.\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 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\ See 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

    The Commission has 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.\10\ As provided by your December 8, 2003 plea agreement 
upon which your conviction is based, you pleaded guilty to a felony 
information charging you with conspiracy in violation of 18 U.S.C. 
371.\11\ The felony information alleges that in 2000, the Harrisburg 
(Pennsylvania) School District awarded a multi-million dollar E-Rate 
contract to you and EMO Communications, Inc. (``EMO'') for the 
development and installation of an educational technology system for 
the school district; that a grant from the E-Rate program funded a 
substantial portion of the cost of this contract; that you and EMO 
received payments from the E-Rate program only after John Weaver, 
Information Technology Director for the school district, certified 
that you and EMO had performed specified work under the contract; 
and that you agreed to make kickback payments of more than $1.9 
million to Weaver while he processed certifications that were 
essential to you in obtaining E-Rate funded payments on the 
contract.\12\ The felony information charges you, Weaver, and others 
with conspiring to corruptly give, offer, and agree to give things 
of value with the intent to influence an agent of the Harrisburg 
School District and in furtherance of that conspiracy, causing more 
than $1.9 million in payments to be made to Weaver.\13\ Pursuant to 
your plea agreement, you have pleaded guilty to the charge of 
conspiracy set forth in the felony information. These actions 
constitute the conduct or transactions upon which this debarment 
proceeding is based.\14\ 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.\15\ 
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\ See Morrett Plea Agreement at 1.
    \12\ Morrett Information at 2-3.
    \13\ Morrett Information at 4-5.
    \14\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR 
54.521(e)(2)(i).
    \15\ ``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.\16\ Absent extraordinary 
circumstances, the Bureau will debar you.\17\ 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.\18\ 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 the 
decision in the Federal Register.\19\
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    \16\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 
CFR 54.521(e)(2(i), 54.521(e)(3).
    \17\ Second Report and Order, 18 FCC Rcd at 9227, ] 74.
    \18\ See Id., 18 FCC Rcd at 9226, ] 70; 47 CFR 54.521(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 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.\20\ The Bureau may, if 
necessary to protect the public interest, extend the debarment 
period.\21\
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    \20\ Second Report and Order, 18 FCC Rcd at 9225, ] 67; 47 CFR 
54.521(d), 54.521(g).
    \21\ 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 4C-330, 445 12th Street, 
SW., Washington, DC 20554.
    If you submit your response via hand-delivery or non-United 
States Postal Service delivery (e.g., Federal Express, DHL, etc.), 
please send the response to Ms. Lee at the following address: 
Federal Communications

[[Page 40362]]

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 Eric Bash 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: Brian Perry, Esq., Nealson & Gover; Kristy Carroll, Esq., USAC 
(E-mail); Marty Carlson, Esq., Assistant United States Attorney, 
Middle District of Pennsylvania (E-mail).
[FR Doc. 05-13744 Filed 7-12-05; 8:45 am]
BILLING CODE 6712-01-P