[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Notices]
[Pages 58219-58221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19989]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 05-2349]


Notice of Debarment; Schools and Libraries Universal Service 
Support Mechanism

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (Bureau) gives notice of Mr. Ronald R. 
Morrett's debarment 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 October 5, 2005, whichever date comes 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. Morrett from the 
schools and libraries universal service support mechanism for a period 
of three year pursuant to 47 CFR parts 521 and 47 CFR 0.111(a)(14). The 
Commission previously suspended Mr. Morrett from the schools and 
libraries mechanism, pending debarment proceedings. See 70 FR 40360, 
July 13, 2005. Attached is the debarment letter, Notice of Debarment, 
DA 05-2349, which was mailed to Mr. Morrett and released on August 30, 
2005, that in turn attached the suspension letter, Notice of Suspension 
and of Proposed Debarment, DA 05-1729. 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 test 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.

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

    The notice of debarment and suspension letters follow:
    August 30, 2005.

[[Page 58220]]

[DA 05-2349]

Via Certified Mail

Return Receipt Requested

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

Re: Notice of Debarment, File No. EB-03-IH-0615

Dear Mr. Morrett:

    Pursuant to Sec.  54.521 of the rules of the Federal Communications 
Commission (the ``Commission''), by this Notice of Debarment you are 
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 June 23, 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 July 13, 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 Mr. Ronald R. Morrett, Jr., Notice of Suspension and 
Proposed Debarment, 20 FCC Rcd 10888 (Inv. & Hearings Div., Enf. 
Bur. 2005) (Attachment 1).
    \3\ 70 FR 40360 (July 13, 2005).
    \4\ See Notice of Suspension, 20 FCC Rcd at 10888-91.
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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 August 12, 2005. See supra note 3.
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    As discussed in the Notice of Suspension, on or about May 16, 2005, 
you were convicted based on your guilty plea to a felony information 
charging you with conspiracy to corruptly give, offer, and agree to 
give things of value with the intent to influence an agent of the 
Harrisburg (Pennsylvania) School District, in violation of 18 U.S.C. 
371.\6\ You pled guilty to conspiring with John H. Weaver and others to 
make and subsequently making kick-back payments of more than $1.9 
million to Weaver while he, as Information Technology Officer of the 
district, processed work-completed certifications that were essential 
to you in obtaining E-Rate payments under the multi-million dollar E-
Rate contract awarded by the district to your company, EMO 
Communications, Inc.\7\ Such conduct constitutes the basis for your 
debarment, and your conviction falls within the categories of causes 
for debarment under Sec.  54.521(c) of the Commission's rules.\8\ 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.\9\ 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.'' \10\

    \6\ Notice of Suspension, 20 FCC Rcd at 10888-90
    \7\ Notice of Suspension, 20 FCC Rcd at 10889-90.
    \8\ Id. at 10890; 47 CFR 54.521(c).
    \9\ See Notice of Suspension, 20 FCC Rcd at 10890.
    \10\ See 47 CFR 54.521(a)(1), 54.521(a)(5), 54.521(d); Notice of 
Suspension, 20 FCC Rcd at 10890-91.
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 Sincerely,

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).

    June 23, 2005.

[DA 05-1729]

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.\11\ 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.\12\
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    \11\ 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).
    \12\ 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 Sec.  54.521(a)(4) of the Commission's rules,\13\ 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.\14\ Your 
suspension becomes effective upon the earlier of your receipt of this 
letter or publication of notice in the Federal Register.\15\
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    \13\ 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'').
    \14\ 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).
    \15\ 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.\16\ Such requests, however, 
will not ordinarily be granted.\17\ The Bureau may reverse or limit the 
scope of suspension only upon a finding of extraordinary 
circumstances.\18\ Absent extraordinary circumstances, the Bureau will 
decide any request for reversal or modification of suspension within 90 
days of its receipt of such request.\19\
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    \16\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR 
54.521(e)(4).
    \17\ Second Report and Order, 18 FCC Rcd at 9226, ] 70.
    \18\ 47 CFR 54.521(f).
    \19\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 
CFR 54.521(e)(5), 54.521(f).

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[[Page 58221]]

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.\20\ 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.\21\ 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.\22\ 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.\23\ 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.\24\ Moreover, your conviction 
on the basis of these acts falls within the categories of causes for 
debarment defined in Sec.  54.521(c) of the Commission's rules.\25\ 
Therefore, pursuant to Sec.  54.521(a)(4) of the Commission's rules, 
your conviction requires the Bureau to commence debarment proceedings 
against you.
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    \20\ Second Report and Order, 18 FCC Rcd at 9225, ] 66.
    \21\ See Morrett Plea Agreement at 1.
    \22\ Morrett Information at 2-3.
    \23\ Morrett Information at 4-5.
    \24\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR 
54.521(e)(2)(i).
    \25\ ``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.\26\ Absent extraordinary circumstances, the Bureau 
will debar you.\27\ 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.\28\ 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.\29\
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    \26\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 
CFR 54.521(e)(2(i), 54.521(e)(3).
    \27\ Second Report and Order, 18 FCC Rcd at 9227, ] 74.
    \28\ See Id., 18 FCC Rcd at 9226, ] 70; 47 CFR 54.521(e)(5).
    \29\ 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.\30\ The Bureau may, if necessary to protect 
the public interest, extend the debarment period.\31\
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    \30\ Second Report and Order, 18 FCC Rcd at 9225, ] 67; 47 CFR 
54.521(d), 54.521(g).
    \31\ 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 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. 05-19989 Filed 10-4-05; 8:45 am]
BILLING CODE 6712-01-P