[Federal Register Volume 72, Number 29 (Tuesday, February 13, 2007)]
[Notices]
[Page 6724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2423]


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FEDERAL COMMUNICATIONS COMMISSION

[FCC 06-126]


Notice of Debarment

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (Bureau) debars NextiraOne, LLC 
(NextiraOne) from all activities associated with the schools and 
libraries universal service support mechanism, also known as the E-Rate 
program. NextiraOne pled guilty to and was convicted of a wire fraud 
felony against the E-Rate program. We find NextiraOne's conduct merits 
a debarment of at least three years, as contemplated by our debarment 
rule, but in light of several important factors, we will impose a 
debarment period of one year from the effective date of this Order.

DATES: Debarment commences on the effective date of this Order, August 
24, 2006, for a period of one year.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Debarment, released January 22, 2007. As an additional precaution to 
protect the E-Rate program, we put in place two monitoring measures to 
ensure NextiraOne's compliance upon its re-entry into the E-Rate 
program, in the event that NextiraOne re-enter the E-Rate program 
within five years after executing the plea agreement. First, we order 
USAC to review with heightened scrutiny NextiraOne's applications 
submitted during the first two funding years after re-entry.\1\ Second, 
we order the Administrator to conduct automatic annual audits regarding 
NextiraOne's compliance with the Act and the Commission's rules 
governing the E-Rate program, for each of the first two funding periods 
upon NextiraOne's re-entry. We find these additional precautionary 
measures are necessary to ensure that E-Rate funds are used only for 
their intended purpose and that the program is not subject to 
additional waste, fraud, or abuse. The full text of this Notice is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, Room CY-A-257, 445 12th Street, SW., 
Washington, DC 20554. The complete text may also be purchased from the 
Commission's duplicating contractor, Best Copy and Printing, Inc. 
(BCP), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 
20554. The complete item is also available on the Commission's Web site 
at http://www.fcc.gov/eb.
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    \1\ See Fifth Report and Order, 19 FCC Rcd at 15822-23, para. 
44. We note that the Commission currently is considering what 
particular requirements, if any, that it should apply in conducting 
heightened review of E-Rate program participants. See Universal 
Service Fund Oversight NPRM, 20 FCC Rcd at 11345, para. 91.

Federal Communications Commission.
Hillary S. DeNigro,
Chief, Investigations and Hearings Division, Enforcement Bureau.
[FR Doc. E7-2423 Filed 2-12-07; 8:45 am]
BILLING CODE 6712-01-P