[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Notices]
[Pages 66528-66529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27550]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 15-1130]


Notice of Debarment; Federal Lifeline Universal Service Support 
Mechanism

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (Bureau) gives notice of Oscar Enrique 
Perez-Zumaeta's debarment from the federal Lifeline universal service 
support mechanism (Lifeline program) for a period of three years. 
During this debarment period, Mr. Perez-Zumaeta is prohibited from 
participating in activities associated with or related to the Lifeline 
program, including the receipt of funds or discounted services through 
the Lifeline program, or consulting with, assisting, or advising 
applicants or service providers regarding the Lifeline program.

DATES: Debarment commences on the date Mr. Perez-Zumaeta receives the 
debarment letter or October 29, 2015, whichever comes first, for a 
period of three years.

FOR FURTHER INFORMATION CONTACT: Ms. Celia Lewis, Paralegal Specialist, 
Federal Communications Commission, Enforcement Bureau, Investigations 
and Hearings Division, Room 4-A422, 445 12th Street SW., Washington, DC 
20554. Celia Lewis may be contacted by telephone at (202) 418-7456 or 
email at [email protected]. If Ms. Lewis is unavailable, you may 
contact Mr. Kalun Lee, Deputy Chief, Investigations and Hearings 
Division, by telephone at (202) 418-0796 or email at [email protected].

SUPPLEMENTARY INFORMATION: The Bureau debars Mr. Perez-Zumaeta for a 
period of three years pursuant to 47 CFR 54.8 and 0.111(a)(14). Mr. 
Perez-Zumaeta's conviction for money laundering in violation of 18 
U.S.C. 1957(a) and 18 U.S.C. 2, in connection with fraudulent claims 
against the Lifeline program is the basis for this debarment. Attached 
is the Notice of Debarment, DA 15-1130, which was mailed to Mr. Perez-
Zumaeta and released on October 5, 2015. 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.

Federal Communications Commission.
Jeffrey J. Gee,
Chief, Investigations and Hearings Division, Enforcement Bureau.

October 5, 2015
DA 15-1130
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Mr. Oscar Enrique Perez-Zumaeta
c/o William P. Earley
Federal Public Defender-OKC
215 Dean A McGee Ave
Suite 109
Oklahoma City, OK 73102

Re: Notice of Debarment, File No. EB-IHD-15-00019209

    Dear Mr. Perez-Zumaeta:
    The Federal Communications Commission (Commission) hereby notifies 
you that, pursuant to section 54.8 of the Commission's rules, you are 
prohibited from participating in activities associated with or related 
to the federal low-income support mechanism (Lifeline 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 
comes first (Debarment Date).\1\
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    \1\ 47 CFR 54.8(e), (g); 47 CFR 0.111 (delegating to the Bureau 
authority to resolve universal service suspension and debarment 
proceedings). In 2007, the Commission extended the debarment rules 
to apply to all federal universal service support mechanisms, 
including the Lifeline program. See Comprehensive Review of the 
Universal Service Fund Management, Administration, & Oversight, 
Report and Order, 22 FCC Rcd 16372, 16410-12 (2007) (Program 
Management Order) (renumbering section 54.521 of the universal 
service debarment rules as section 54.8 and amending paragraphs 
(a)(1), (a)(5), (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)).
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    On June 8, 2015, the Commission's Enforcement Bureau (Bureau) sent 
you a notice of suspension and initiation of debarment proceeding 
(Notice of Suspension) that was published in the Federal Register on 
July 9, 2015.\2\ The Notice of Suspension suspended you from 
participating in any activities associated with or related to the 
Lifeline program, including receiving funds or discounted services 
through the Lifeline program, or consulting with, assisting, or 
advising applicants or service providers regarding the Lifeline 
program.\3\ It also 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 Jeffrey J. Gee, Chief, Investigations and 
Hearings Division, FCC Enforcement Bureau, to Oscar Enrique Perez-
Zumaeta, Notice of suspension and initiation of debarment 
proceeding, 30 FCC Rcd 6121 (Enf. Bur. 2015); 80 FR 39430-01, July 
9, 2015.
    \3\ 47 CFR 54.8(a)(1), (d).
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    As discussed in the Notice of Suspension, on November 7, 2014, you 
were convicted of money laundering in violation of 18 U.S.C. 1957(a) 
and 18 U.S.C. 2, in connection with fraudulent claims against the 
federal Lifeline program.\4\ You owned and managed PSPS Sales LLC 
(PSPS), a California entity that recruited low-income individuals to 
apply for Lifeline telephone service through Icon Telecom, Inc. 
(Icon).\5\ Specifically, you pled guilty to one count of money 
laundering for depositing a $52,390.00 check from Icon into a PSPS bank 
account, despite knowing that more

[[Page 66529]]

than $10,000.00 of those funds was the result of criminal fraud against 
the Commission.\6\ Pursuant to section 54.8(c) of the Commission's 
rules, your conviction of criminal conduct in connection with the 
Lifeline program is the basis for this debarment.\7\
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    \4\ Any further reference in this letter to ``your conviction'' 
refers to your guilty plea and subsequent sentencing in United 
States v. Perez-Zumaeta, Criminal Docket No. 5:14-cr-00165-D-1, Plea 
Agreement (W.D. Okla. filed Nov. 07, 2014) (Plea Agreement). See 
also Lifeline & Link Up Reform & Modernization, WC Docket No. 11-42, 
CC Docket No. 96-45, WC Docket No. 03-109, Report and Order and 
Further Notice of Proposed Rulemaking, 27 FCC Rcd 6656 (2012) 
(Lifeline Reform Order).
    \5\ United States v. Perez-Zumaeta, Criminal Docket No. 5:14-cr-
00165-D-1, Indictment at 1-2 (W.D. Okla. filed June 03, 2014) 
(Indictment).
    \6\ Plea Agreement at 2; Indictment at 16-17; see also United 
States Attorney's Office, Western District of Oklahoma, Press 
Release, Final Defendant Sentenced to Serve 42 Months in Prison for 
Money Laundering in Connection with Federal Wireless Telephone 
Program Subsidies, Apr. 23, 2015, available at http://www.justice.gov/usao-wdok/pr/final-defendant-sentenced-serve-42-months-prison-money-laundering-connection-federal.
    \7\ 47 CFR 54.8(c).
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    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.\8\ The Commission received no opposition from you.
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    \8\ Id. Sec.  54.8(e)(3)-(4). Any opposition had to be filed no 
later than July 12, 2015.
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    For the foregoing reasons, you are debarred from involvement with 
the Lifeline program for three years from the Debarment Date.\9\ During 
this debarment period, you are excluded from participating in any 
activities associated with or related to the Lifeline program, 
including the receipt of funds or discounted services through the 
Lifeline program, or consulting with, assisting, or advising applicants 
or service providers regarding the Lifeline program.\10\

    \9\ 47 CFR 54.8(g).
    \10\ 47 CFR 54.8(a)(1), (d), (g).
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Sincerely yours,

Jeffrey J. Gee,
Chief, Investigations and Hearings Division,
Enforcement Bureau.

cc: Johnnay Schrieber, Universal Service Administrative Company (via 
email)
Rashann Duvall, Universal Service Administrative Company (via email)
Chris M. Stevens, United States Attorney's Office, Western District of 
Oklahoma (via email)
Scott E. Williams, United States Attorney's Office, Western District of 
Oklahoma (via email)

[FR Doc. 2015-27550 Filed 10-28-15; 8:45 am]
 BILLING CODE 6712-01-P