[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Notices]
[Pages 40352-40354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13748]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 05-1727]


Notice of Debarment

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (``Bureau'') debars Mr. John Henry 
Weaver from the schools and libraries universal service support 
mechanism (or ``E-Rate program'') for a period of three years.

DATES: Debarment commences on the date Mr. Weaver receives the 
debarment letter or July 13, 2005, whichever date come first, for a 
period of three years.

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 debarred Mr. Weaver from the 
schools and libraries universal service support mechanism for a period 
of three year pursuant to 47 CFR 521 and 47 CFR 0.111(a)(14). The 
Commission previously suspended Mr. Weaver from the schools and 
libraries mechanism, pending debarment proceedings. See 70 FR 12883, 
March 16, 2005. Attached is the debarment letter, Notice of Debarment, 
DA 05-1727, which was mailed to Mr. Weaver and released on June 23, 
2005, that in turn attached the suspension letter, Notice of Suspension 
and of Proposed Debarment, DA 05-607. The complete text of the 
debarment letter, including attachment 1 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, 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.


[[Page 40353]]


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

    The notice of debarment and suspension letters follows:

June 23, 2005.

Via certified mail, return receipt requested

John Henry Weaver, 146 Weldon Drive, York, PA 17404.

Re: Notice of Debarment, File No. EB-03-IH-0684

    Dear Mr. Weaver: Pursuant to section 54.521 of the rules of the 
Federal Communications Commission (the ``Commission''), by this 
Notice of Debarment you are hereby debarred from the schools and 
libraries universal service support mechanism (or ``E-Rate 
program'') for a period of three years.\1\
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    \1\ See 47 CFR 0.111(a)(14), 54.521.
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    On March 8, 2005, the Enforcement Bureau (the ``Bureau'') sent 
you a Notice of Suspension and Proposed Debarment (the ``Notice of 
Suspension'').\2\ That Notice of Suspension was published in the 
Federal Register on March 16, 2005.\3\ The Notice of Suspension 
suspended you from the schools and libraries universal service 
support mechanism and described the basis for your proposed 
debarment, the applicable debarment procedures, and the effect of 
debarment.\4\
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    \2\ Letter from William H. Davenport, Chief, Investigations and 
Hearings Division, Enforcement Bureau, Federal Communications 
Commission, to John Henry Weaver, Notice of Suspension and Proposed 
Debarment, 20 FCC Rcd 5130 (Inv. & Hearings Div., Enf. Bur. 2005) 
(Attachment 1).
    \3\ 70 FR 12883 (Mar. 16, 2005).
    \4\ See Notice of Suspension, 20 FCC Rcd at 5130-32.
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    Pursuant to the Commission's rules, any opposition to your 
suspension or its scope or to your proposed debarment or its scope 
had to be filed with the Commission no later than thirty (30) 
calendar days from the earlier date of your receipt of the Notice of 
Suspension or publication of the Notice of Suspension in the Federal 
Register.\5\ The Commission did not receive any such opposition.
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    \5\ See 47 CFR 54.521(e)(3) and (4). That date occurred no later 
than April 15, 2005. See supra note 3.
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    As discussed in the Notice of Suspension, on or about March 1, 
2005, you were convicted of participating in a conspiracy that 
involves receiving $1.9 million in kickback payments from Ronald R. 
Morrett of EMO Communications, Inc., while you were responsible for 
certifying that the company had performed work specified in a 
contract that is 80 percent funded by the E-Rate program, and 
concealing those payments by causing some of the payments to be 
funneled through various bank accounts belonging to third 
parties.\6\ Such conduct constitutes the basis for your debarment, 
and your conviction falls within the categories of causes for 
debarment under section 54.521(c) of the Commission's rules.\7\ For 
the foregoing reasons, you are hereby debarred for a period of three 
years from the debarment date, i.e., the earlier date of your 
receipt of this Notice of Debarment or its publication date in the 
Federal Register.\8\ Debarment excludes you, for the debarment 
period, from 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.'' \9\
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    \6\ Notice of Suspension, 20 FCC Rcd at 5131.
    \7\ Id. at 5132; 47 CFR 54.521(c).
    \8\ See Notice of Suspension, 20 FCC Rcd at 5131-32.
    \9\ See 47 CFR 54.521(a)(1), 54.521(a)(5), 54.521(d); Notice of 
Suspension, 20 FCC Rcd at 5132.
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    Sincerely,

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

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

Attachment 1

March 8, 2005.
[DA 05-607]
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 agent 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 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\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 
CFR 54.521(e)(4).
    \7\ Second Report and Order, 18 FCC Red 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. 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

[[Page 40354]]

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 (e.g., 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. 05-13748 Filed 7-12-05; 8:45 am]
BILLING CODE 6712-01-P