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Notice: Common Carrier Services: Telecommunications Relay Services— Weaver, John Henry
Notice: Common Carrier Services: Telecommunications Relay Services— Weaver, John Henry
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Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices 40353
Federal Communications Commission. reasons, you are hereby debarred for a period requires the Bureau to suspend you from
William H. Davenport, of three years from the debarment date, i.e., participating in any activities associated with
the earlier date of your receipt of this Notice or related to the schools and libraries fund
Chief, Investigations and Hearings Division,
of Debarment or its publication date in the mechanism, including the receipt of funds or
Enforcement Bureau.
Federal Register.8 Debarment excludes you, discounted services through the schools and
The notice of debarment and for the debarment period, from activities libraries fund mechanism, or consulting
suspension letters follows: ‘‘associated with or related to the schools and with, assisting, or advising applicants or
libraries support mechanism,’’ including ‘‘the service providers regarding the schools and
June 23, 2005. receipt of funds or discounted services libraries support mechanism.4 Your
through the schools and libraries support suspension becomes effective upon the
Via certified mail, return receipt requested mechanism, or consulting with, assisting, or earlier of your receipt of this letter or
John Henry Weaver, 146 Weldon Drive, York, advising applicants or service providers publication of notice in the Federal
PA 17404. regarding the schools and libraries support Register.5
mechanism.’’ 9 Suspension is immediate pending the
Re: Notice of Debarment, File No. EB–03–IH–
Sincerely, Bureau’s final debarment determination. You
0684
William H. Davenport, may contest this suspension or the scope of
Dear Mr. Weaver: Pursuant to section Chief, Investigations and Hearings Division, this suspension by filing arguments in
54.521 of the rules of the Federal Enforcement Bureau. opposition to the suspension, with any
Communications Commission (the relevant documentation. Your request must
‘‘Commission’’), by this Notice of Debarment cc: Gerald Lord, Esq., Miller, Poole & Lord,
LLP; Kristy Carroll, Esq., USAC (E-mail); be received within 30 days after you receive
you are hereby debarred from the schools and this letter or after notice is published in the
libraries universal service support Marty Carlson, Esq., Assistant United States
Attorney, Middle District of Pennsylvania (E- Federal Register, whichever comes first.6
mechanism (or ‘‘E-Rate program’’) for a Such requests, however, will not ordinarily
period of three years.1 mail).
be granted.7 The Bureau may reverse or limit
On March 8, 2005, the Enforcement Bureau Attachment 1 the scope of suspension only upon a finding
(the ‘‘Bureau’’) sent you a Notice of of extraordinary circumstances.8 Absent
March 8, 2005.
Suspension and Proposed Debarment (the extraordinary circumstances, the Bureau will
[DA 05–607]
‘‘Notice of Suspension’’).2 That Notice of decide any request for reversal or
Via Certified Mail
Suspension was published in the Federal modification of suspension within 90 days of
Return Receipt Requested
Register on March 16, 2005.3 The Notice of its receipt of such request.9
John Henry Weaver, 146 Weldon Drive, York,
Suspension suspended you from the schools
PA 17404.
and libraries universal service support II. Notice of Proposed Debarment
mechanism and described the basis for your Re: Notice of Suspension and of Proposed
proposed debarment, the applicable A. Reasons for and Cause of Debarment
Debarment; File No. EB–03–IH–0684
debarment procedures, and the effect of Commission rules establish procedures to
Dear Mr. Weaver: The Federal
debarment.4 prevent persons who have ‘‘defrauded the
Communications Commission (‘‘FCC’’ or
Pursuant to the Commission’s rules, any government or engaged in similar acts
‘‘Commission’’) has received notice of your
opposition to your suspension or its scope or March 1, 2005 conviction pursuant to 18 through activities associated with or related
to your proposed debarment or its scope had U.S.C. 371 and 666 for conspiracy to engage to the schools and libraries support
to be filed with the Commission no later than in bribery in a federally funded program.1 mechanism’’ from receiving the benefits
thirty (30) calendar days from the earlier date Consequently, pursuant to 47 CFR 54.521, associated with that program.10 On March 1,
of your receipt of the Notice of Suspension this letter constitutes official notice of your 2005, you were convicted based on a
or publication of the Notice of Suspension in suspension from the schools and libraries December 8, 2003 plea of guilty to
the Federal Register.5 The Commission did universal service support mechanism. In participating in a conspiracy with Ronald R.
not receive any such opposition. addition, the Enforcement Bureau (‘‘Bureau’’) Morrett, Jr. (‘‘Morrett’’) of EMO
As discussed in the Notice of Suspension, hereby notifies you that we are commencing Communications, Inc. (‘‘EMO’’).11 You
on or about March 1, 2005, you were debarment proceedings against you.2 admitted to the following acts: (1) Receiving
convicted of participating in a conspiracy $1.9 million in kickback payments from
that involves receiving $1.9 million in I. Notice of Suspension Morrett while you were responsible for
kickback payments from Ronald R. Morrett of Pursuant to section 54.521(a)(4) of the certifying Morrett and EMO had performed
EMO Communications, Inc., while you were Commission’s rules,3 your conviction work specified in a contract that is 80%
responsible for certifying that the company funded by the federal E-rate program; and (2)
had performed work specified in a contract 8 See concealing those payments by causing some
Notice of Suspension, 20 FCC Rcd at 5131–
that is 80 percent funded by the E-Rate 32. of the payments to be funneled through
program, and concealing those payments by 9 See 47 CFR 54.521(a)(1), 54.521(a)(5), 54.521(d); various bank accounts belonging to third
causing some of the payments to be funneled Notice of Suspension, 20 FCC Rcd at 5132. parties.12 These actions constitute the
through various bank accounts belonging to 1 Any further reference in this letter to ‘‘your
third parties.6 Such conduct constitutes the conviction’’ refers to your March 1, 2005 conviction Report and Order and Further Notice of Proposed
basis for your debarment, and your based on your December 8, 2003 guilty plea to this Rulemaking, 18 FCC Rcd 9202, 9225–9227, ¶¶ 67–
conviction falls within the categories of count because you ‘‘did knowingly combine, 74 (2003) (‘‘Second Report and Order’’).
causes for debarment under section 54.521(c) conspire, confederate and agree with persons * * * 4 Second Report and Order, 18 FCC Rcd at 9225,
of the Commission’s rules.7 For the foregoing to corruptly give, offer and agree to give things of ¶ 67; 47 U.S.C. 254; 47 CFR 54.502–54.503; 47 CFR
value to another person with the intent to influence 54.521(a)(4).
1 See an agent of the Harrisburg School District.’’ See 5 Second Report and Order, 18 FCC Rcd at 9226,
47 CFR 0.111(a)(14), 54.521.
2 Letter
United States v. Weaver, Criminal Docket No. 03– ¶ 69; 47 CFR 54.521(e)(1).
from William H. Davenport, Chief, 337, Information at 4 (M.D.Pa. filed December 8, 6 See Second Report and Order, 18 FCC Rcd at
Investigations and Hearings Division, Enforcement 2003) (‘‘Weaver Information’’); United States v.
Bureau, Federal Communications Commission, to 9226, ¶ 70; 47 CFR 54.521(e)(4).
Weaver, Criminal Docket No. 03–337, Plea
John Henry Weaver, Notice of Suspension and Agreement at 1–2 (M.D.Pa. filed December 8, 2003)
7 Second Report and Order, 18 FCC Red at 9226,
Proposed Debarment, 20 FCC Rcd 5130 (Inv. & (‘‘Weaver Plea Agreement’’); United States v. ¶ 70.
Hearings Div., Enf. Bur. 2005) (Attachment 1). Weaver, Judgment (M.D.Pa. filed on March 1, 2005
8 47 CFR 54.521(f).
3 70 FR 12883 (Mar. 16, 2005). 9 Second Report and Order, 18 FCC Rcd at 9226,
and entered on March 4, 2005) (‘‘Weaver
4 See Notice of Suspension, 20 FCC Rcd at 5130– ¶ 70; 47 CFR 54.521(e)(5), 54.521(f).
Judgment’’).
32. 2 47 CFR 54.521; 47 CFR 0.111(a)(14) (delegating 10 Second Report and Order, 18 FCC Rcd at 9225,
5 See 47 CFR 54.521(e)(3) and (4). That date ¶ 66.
to the Enforcement Bureau authority to resolve
occurred no later than April 15, 2005. See supra universal service suspension and debarment 11 Weaver Judgment at 1; Weaver Plea Agreement
note 3. proceedings pursuant to 47 CFR 54.521). at 1–2.
6 Notice of Suspension, 20 FCC Rcd at 5131. 3 47 CFR 54.521(a)(4). See Schools and Libraries 12 Weaver Information 2–3, 6–7; Weaver Plea
7 Id. at 5132; 47 CFR 54.521(c). Universal Service Support Mechanism, Second Agreement at 1–2.
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40354 Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices
conduct or transactions upon which this delivery (e.g., Federal Express, DHL, etc.), comments, but find it difficult to do so
debarment proceeding is based.13 Moreover, please send your response to Ms. Lee at the within the period of time allowed by
your conviction on the basis of these acts following address: Federal Communications this notice, you should advise the
falls within the categories of causes for Commission, 9300 East Hampton Drive,
debarment defined in section 54.521(c) of the
contact listed below as soon as possible.
Capitol Heights, MD 20743.
Commission’s rules.14 Therefore, pursuant to If you have any questions, please contact ADDRESSES: Direct all Paperwork
section 54.521(a)(4) of the Commission’s Ms. Lee via mail, by telephone at (202) 418– Reduction Act (PRA) comments to
rules, your conviction requires the Bureau to 1420 or by e-mail at [email protected]. If Ms. Cathy Williams, Federal
commence debarment proceedings against Lee is unavailable, you may contact Hillary Communications Commission, Room 1–
you. DeNigro by telephone at (202) 418–1420 and C823, 445 12th Street, SW., Washington,
B. Debarment Procedures by e-mail at [email protected]. DC 20554 or via the Internet to
Sincerely yours,
You may contest debarment or the scope of [email protected].
William H. Davenport,
the proposed debarment by filing arguments FOR FURTHER INFORMATION CONTACT: For
Chief,
and any relevant documentation within 30 additional information or copies of the
Investigations and Hearings Division,
calendar days of the earlier of the receipt of
this letter or of publication in the Federal
Enforcement Bureau. information collection(s), contact Cathy
Register.15 Absent extraordinary cc: Gerald Lord, Miller, Poole & Lord, LLP, Williams at 202–418–2918 or via the
circumstances, the Bureau will debar you.16 Kristy Carroll, USAC (E-mail), Marty Carlson, Internet at [email protected].
Within 90 days of receipt of any opposition United States Attorney, Middle District of SUPPLEMENTARY INFORMATION: OMB
to your suspension and proposed debarment, Pennsylvania (E-mail).
Control Number: 3060–0309.
the Bureau, in the absence of extraordinary Title: Section 74.1281, Station
[FR Doc. 05–13748 Filed 7–12–05; 8:45 am]
circumstances, will provide you with notice
of its decision to debar.17 If the Bureau BILLING CODE 6712–01–P Records.
decides to debar you, its decision will Form Number: Not applicable.
become effective upon the earlier of your Type of Review: Extension of a
receipt of a debarment notice or publication FEDERAL COMMUNICATIONS currently approved collection.
of its decision in the Federal Register.18 COMMISSION Respondents: Business or other for-
profit entities; Not for profit institutions;
C. Effect of Debarment
Notice of Public Information State, local or tribal government.
If and when your debarment becomes Collection(s) Being Reviewed by the Number of Respondents: 3,800.
effective, you will be prohibited from Estimated Time per Response: 1 hour.
participating in activities associated with or
Federal Communications Commission
related to the schools and libraries support for Extension Under Delegated Frequency of Response:
mechanism for at least three years from the Authority Recordkeeping requirement.
date of debarment.19 The Bureau may, if Total Annual Burden: 3,800 hours.
necessary to protect the public interest, June 30, 2005. Total Annual Cost: None.
extend the debarment period.20 SUMMARY: The Federal Communications Privacy Act Impact Assessment: No
Please direct any responses to the Commission, as part of its continuing impact(s).
following address: Diana Lee, Federal effort to reduce paperwork burden Needs and Uses: Section 74.1281
Communications Commission, Enforcement invites the general public and other requires licensees of FM translator
Bureau, Investigations and Hearings Division, Federal agencies to take this stations to maintain adequate station
Room 4–C443, 445 12th Street, SW., opportunity to comment on the
Washington, DC 20554. records. These records include the
If you submit your response via hand- following information collection(s), as current instrument of authorization,
delivery or non-United States Postal Service required by the Paperwork Reduction official correspondence with FCC,
Act (PRA) of 1995, Public Law 104–13. maintenance records, contracts,
13 Second Report and Order, 18 FCC Rcd at 9226, An agency may not conduct or sponsor permission for rebroadcasts and other
¶ 70; 47 CFR 54.521(e)(2)(i). a collection of information unless it pertinent documents. They also include
14 ‘‘Causes for suspension and debarment are the
displays a currently valid control entries concerning any extinguishment
conviction of or civil judgment for attempt or
commission of criminal fraud, theft, embezzlement,
number. No person shall be subject to or improper operation of tower lights.
forgery, bribery, falsification or destruction of any penalty for failing to comply with Data is used by FCC staff in
records, making false statements, receiving stolen a collection of information subject to the investigations to assure that licensee is
property, making false claims, obstruction of justice Paperwork Reduction Act (PRA) that
and other fraud or criminal offense arising out of
operating in accordance with FCC rules
activities associated with or related to the schools does not display a valid control number. and regulations and its station
and libraries support mechanism.’’ 47 CFR Comments are requested concerning (a) authorization.
54.521(c). Such activities ‘‘include the receipt of Whether the proposed collection of Federal Communications Commission.
funds or discounted services through the schools information is necessary for the proper
and libraries support mechanism, or consulting Marlene H. Dortch,
with, assisting, or advising applicants or service performance of the functions of the
Commission, including whether the Secretary.
providers regarding schools and libraries support
mechanism described in this section ([47 CFR information shall have practical utility; [FR Doc. 05–13479 Filed 7–12–05; 8:45 am]
54.500 et seq.).’’ 47 CFR 54.521(a)(1). (b) the accuracy of the Commission’s BILLING CODE 6712–01–P
15 See Second Report and Order, 18 FCC Rcd at
9226, ¶ 70; 47 CFR 54.521(e)(2)(i), 54.521(e)(3). burden estimate; (c) ways to enhance
16 Second Report and Order, 18 FCC Rcd at 9227, the quality, utility and clarity of the
¶ 74. information collected; and (d) ways to FEDERAL COMMUNICATIONS
17 See id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR
minimize the burden of the collection of COMMISSION
54.521(e)(5). information on the respondents,
18 Id. The Commission may reverse a debarment, Notice of Public Information
including the use of automated
or may limit the scope or period of debarment upon Collection(s) Being Submitted for
a finding of extraordinary circumstances, following collection techniques or other forms of
Review to the Office of Management
the filing of a petition by you or an interested party information technology.
or upon motion by the Commission. 47 CFR and Budget
DATES: Written Paperwork Reduction
54.521(f).
19 Second Report and Order, 18 FCC Rcd at 9225, (PRA) comments should be submitted June 17, 2005.
¶ 67; 47 CFR 54.521(d), 54.521(g). on or before September 12, 2005. If you SUMMARY: The Federal Communications
20 Id. anticipate that you will be submitting Commission, as part of its continuing
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