[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Notices]
[Pages 23247-23248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9399]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 12-409]


Notice of Debarment

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (the ``Bureau'') debars Mr. Dennis L. 
Bruno from the schools and libraries universal service support 
mechanism (or ``E-Rate Program'') for a period of three years. The 
Bureau takes this action to protect the E-Rate Program from waste, 
fraud and abuse.

DATES: Debarment commences on the date Mr. Dennis L. Bruno receives the 
debarment letter May 18, 2012, whichever date comes first, for a period 
of three years.

FOR FURTHER INFORMATION CONTACT: Joy M. Ragsdale, Federal 
Communications Commission, Enforcement Bureau, Investigations and 
Hearings Division, Room 4-A236, 445 12th Street SW., Washington, DC 
20554. Joy Ragsdale may be contacted by phone at (202) 418-1697 or by 
email at [email protected]. If Ms. Ragsdale is unavailable, you may 
contact Ms. Theresa Cavanaugh, Acting Chief, Investigations and 
Hearings Division, by telephone at (202) 418-1420 and by email at 
[email protected].

SUPPLEMENTARY INFORMATION: The Bureau debarred Mr. Dennis L. Bruno from 
the schools and libraries universal service support mechanism for a 
period of three years pursuant to 47 CFR 54.8. Attached is the 
debarment letter, DA 12-409, which was mailed to Mr. Dennis L. Bruno 
and released on March 15, 2012. The complete text of the notice of 
debarment 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 
inspection and copying during regular business hours at the 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 email http://www.bcpiweb.com.

Federal Communications Commission.
Theresa Z. Cavanaugh,
Acting Chief, Investigations and Hearings Division, Enforcement Bureau.

March 15, 2012

DA 12-409

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED AND E-MAIL

Dr. Dennis L. Bruno,

c/o Mr. Arthur T. McQuillan, McQuillan Law Offices, 206 Main Street, 
Johnstown, PA 15901.
Re: Notice of Debarment, File No. EB-11-IH-1582

Dear Dr. Bruno:
    The Federal Communications Commission (Commission) hereby 
notifies you that, pursuant to Section 54.8 of its rules, you are 
prohibited from participating in the schools and libraries universal 
service support mechanism (E-Rate program) for three years from 
either the date of your receipt of this Notice of Debarment, or of 
its publication in the Federal Register, whichever is earlier in 
time (Debarment Date).\1\
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    \1\ 47 CFR 54.8(g). See also 47 CFR 0.111 (delegating authority 
to the Enforcement Bureau to resolve universal service suspension 
and debarment proceedings).
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    On November 18, 2011, the Commission's Enforcement Bureau 
(Bureau) sent you a Notice of Suspension and Initiation of Debarment 
Proceeding (Notice of Suspension) \2\ that was published in the 
Federal Register on November 30, 2011.\3\ The Notice of Suspension 
suspended you from participating in activities associated with or 
relating to the E-Rate program and described the basis for 
initiating debarment proceedings against you, the applicable 
debarment procedures, and the effect of debarment.
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    \2\ Letter from Theresa Z. Cavanaugh, Acting Chief, 
Investigations and Hearings Division, Enforcement Bureau, Federal 
Communications Commission, to Dr. Dennis L. Bruno, Notice of 
Suspension and Initiation of Debarment Proceeding, 26 FCC Rcd 16006 
(Enf. Bur. 2011) (Attachment 1).
    \3\ 76 FR 74058 (Nov. 30, 2011).
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    As discussed in the Notice of Suspension, on May 9, 2011, you 
pled guilty to intentionally misappropriating approximately $49,600 
in federal education funds from the Department of Education's Fund 
for the Improvement of Education program in your capacity as 
Superintendent of the Glendale School District.\4\ Additionally, you 
admitted and stipulated in a plea agreement that you had conspired 
with others to fraudulently obtain $414,421.92 from the E-Rate 
program.\5\ Pursuant to Section 54.8(c) of the Commission's rules, 
your conviction of criminal conduct in connection with the E-Rate 
program is the basis for your debarment.\6\
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    \4\ United States v. Dennis L. Bruno, Criminal Docket No. 11-15 
J, Arraignment Plea; United States Attorney's Office, Western 
District of Pennsylvania, News, Former Superintendent Pleads Guilty 
to Federal Program Theft, May 9, 2011, at http://www.justice.gov/usao/paw/news/2011/2011_may/2011_05_09_05.html (Press Release).
    \5\ Press Release at 1.
    \6\ 47 CFR 54.8(c).

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[[Page 23248]]

    In accordance with the Commission's debarment rules, you were 
required to file with the Commission any opposition to your 
suspension or its scope, or to your proposed debarment or its scope, 
no later than 30 calendar days from either the date of your receipt 
of the Notice of Suspension or of its publication in the Federal 
Register, whichever date occurred first.\7\ The Commission did not 
receive any such opposition.
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    \7\ 47 CFR 54.8 (e)(3), (4). Any opposition had to be filed no 
later than December 30, 2011.
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    For the foregoing reasons, you are debarred from participating 
in the E-Rate program for three years from the Debarment Date.\8\ 
During this debarment period, you are excluded from participating in 
any activities associated with or related to the E-Rate program, 
including the receipt of funds or discounted services through the E-
Rate program, or consulting with, assisting, or advising applicants 
or service providers regarding the E-Rate program.\9\

    \8\ Id. 54.8(e)(5), (g).
    \9\ Id. 54.8(a)(1), (5), (d).
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    Sincerely,
Theresa Z. Cavanaugh,
Acting Chief, Investigations and Hearings Division, Enforcement 
Bureau.

cc: Johnnay Schrieber, Universal Service Administrative Company (via 
email) Rashann Duvall, Universal Service Administrative Company (via 
email) Stephanie L. Haines, United States Attorney's Office, Western 
Pennsylvania (via email)

[FR Doc. 2012-9399 Filed 4-17-12; 8:45 am]
BILLING CODE 6712-01-P