# **DA 05-1727**

# 

# **VIA CERTIFIED MAIL**

## RETURN RECEIPT REQUESTED

John Henry Weaver

146 Weldon Drive

York, PA 17404

> **Re: Notice of Debarment, File No. EB-03-IH-0684**

Dear Mr. Weaver:

Pursuant to section 54.521 of the rules of the Federal Communications
Commission (the "Commission"), by this Notice of Debarment you are
hereby debarred from the schools and libraries universal service support
mechanism (or "E-Rate program") for a period of three years.[^1]

On March 8, 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 March 16, 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]

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.

As discussed in the Notice of Suspension, on or about March 1, 2005, you
were convicted of participating in a conspiracy that involves receiving
\$1.9 million in kickback payments from Ronald R. Morrett of EMO
Communications, Inc., while you were responsible for certifying that the
company had performed work specified in a contract that is 80 percent
funded by the E-Rate program, and concealing those payments by causing
some of the payments to be funneled through various bank accounts
belonging to third parties.[^6] Such conduct constitutes the basis for
your debarment, and your conviction falls within the categories of
causes for debarment under section 54.521(c) of the Commission's
rules.[^7] 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.[^8] 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."[^9]

Sincerely,

William H. Davenport

> Chief

Investigations and Hearings Division

Enforcement Bureau

cc: Gerald Lord, Esq., Miller, Poole & Lord, LLP

Kristy Carroll, Esq., USAC (E-mail)

Marty Carlson, Esq., Assistant United States Attorney, Middle District
of Pennsylvania (E-mail)

**DA 05-607**

# 

# **[VIA CERTIFIED MAIL]{.underline}**

## [RETURN RECEIPT REQUESTED]{.underline}

John Henry Weaver

146 Weldon Drive

York, PA 17404

> **Re: Notice of Suspension and of Proposed Debarment**
>
> **File No. EB-03-IH-0684**

Dear Mr. Weaver:

The Federal Communications Commission ("FCC" or "Commission") has
received notice of your March 1, 2005 conviction pursuant to 18 U.S.C.
§§ 371 and 666 for conspiracy to engage in bribery in a federally funded
program.[^10] Consequently, pursuant to 47 C.F.R. § 54.521, this letter
constitutes official notice of your suspension from the schools and
libraries universal service support mechanism. In addition, the
Enforcement Bureau ("Bureau") hereby notifies you that we are commencing
debarment proceedings against you.[^11]

I.  **Notice of Suspension**

Pursuant to section 54.521(a)(4) of the Commission's rules,[^12] your
conviction requires the Bureau to suspend you from participating in any
activities associated with or related to the schools and libraries fund
mechanism, including the receipt of funds or discounted services through
the schools and libraries fund mechanism, or consulting with, assisting,
or advising applicants or service providers regarding the schools and
libraries support mechanism.[^13] Your suspension becomes effective upon
the earlier of your receipt of this letter or publication of notice in
the Federal Register.[^14]

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.[^15] Such requests, however,
will not ordinarily be granted.[^16] The Bureau may reverse or limit the
scope of suspension only upon a finding of extraordinary
circumstances.[^17] Absent extraordinary circumstances, the Bureau will
decide any request for reversal or modification of suspension within 90
days of its receipt of such request.[^18]

II. **Notice of Proposed Debarment**

    A.  **Reasons for and Cause of Debarment**

Commission rules establish 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.[^19] On March 1, 2005, you were convicted based on a December
8, 2003 plea of guilty to participating in a conspiracy with Ronald R.
Morrett, Jr. ("Morrett") of EMO Communications, Inc. ("EMO").[^20] You
admitted to the following acts: (1) receiving \$1.9 million in kickback
payments from Morrett while you were responsible for certifying Morrett
and EMO had performed work specified in a contract that is 80% funded by
the federal E-rate program; and (2) concealing those payments by causing
some of the payments to be funneled though various bank accounts
belonging to third parties.[^21] These actions constitute the conduct or
transactions upon which this debarment proceeding is based.[^22]
Moreover, your conviction on the basis of these acts falls within the
categories of causes for debarment defined in section 54.521(c) of the
Commission's rules.[^23] Therefore, pursuant to section 54.521(a)(4) of
the Commission's rules, your conviction requires the Bureau to commence
debarment proceedings against you.

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.[^24] Absent extraordinary circumstances, the Bureau
will debar you.[^25] 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.[^26] 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 its decision in the Federal Register.[^27]

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.[^28] The Bureau may, if necessary to protect the
public interest, extend the debarment period.[^29]

Please direct any responses to the following address:

Diana Lee

Federal Communications Commission

Enforcement Bureau

Investigations and Hearings Division

Room 4-C443

445 12^th^ Street, S.W.

Washington, D.C. 20554

If you submit your response via hand-delivery or non-United States
Postal Service delivery (e.g., Federal Express, DHL, etc.), please send
your 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 [diana.lee@fcc.gov]{.underline}. If
Ms. Lee is unavailable, you may contact Hillary DeNigro by telephone at
(202) 418-1420 and by e-mail at
[hillary.denigro@fcc.gov](mailto:william.davenport@fcc.gov).

> Sincerely yours,

William H. Davenport

> Chief

Investigations and Hearings Division

Enforcement Bureau

cc: Gerald Lord, Miller, Poole & Lord, LLP

Kristy Carroll, USAC (E-mail)

Marty Carlson, United States Attorney, Middle District of Pennsylvania
(E-mail)

[^1]: *See* 47 C.F.R. §§ 0.111(a)(14), 54.521.

[^2]: Letter from William H. Davenport, Chief, Investigations and
    Hearings Division, Enforcement Bureau, Federal Communications
    Commission, to John Henry Weaver, Notice of Suspension and Proposed
    Debarment, 20 FCC Rcd 5130 (Inv. & Hearings Div., Enf. Bur. 2005)
    (Attachment 1).

[^3]: 70 Fed. Reg. 12883 (Mar. 16, 2005).

[^4]: *See* Notice of Suspension, 20 FCC Rcd at 5130-32.

[^5]: *See* 47 C.F.R. § 54.521(e)(3) and (4). That date occurred no
    later than April 15, 2005. *See supra* note 3.

[^6]: Notice of Suspension, 20 FCC Rcd at 5131.

[^7]: *Id*. at 5132; 47 C.F.R. § 54.521(c).

[^8]: *See* Notice of Suspension, 20 FCC Rcd at 5131-32.

[^9]: *See* 47 C.F.R. §§ 54.521(a)(1), 54.521(a)(5), 54.521(d); Notice
    of Suspension, 20 FCC Rcd at 5132.

[^10]: Any further reference in this letter to "your conviction" refers
    to your March 1, 2005 conviction based on your December 8, 2003
    guilty plea to this count because you "did knowingly combine,
    conspire, confederate and agree with persons ... to corruptly give,
    offer and agree to give things of value to another person with the
    intent to influence an agent of the Harrisburg School District."
    *See United States v. Weaver*, Criminal Docket No. 03-337,
    Information at 4 (M.D.Pa. filed December 8, 2003) ("*Weaver
    Information*"); *United* *States v. Weaver*, Criminal Docket No.
    03-337, Plea Agreement at 1-2 (M.D.Pa. filed December 8, 2003)
    ("*Weaver Plea Agreement*"); *United States v. Weaver*, Judgment
    (M.D.Pa. filed on March 1, 2005 and entered on March 4, 2005)
    ("*Weaver Judgment*").

[^11]: 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the
    Enforcement Bureau authority to resolve universal service suspension
    and debarment proceedings pursuant to 47 C.F.R. § 54.521).

[^12]: 47 C.F.R. § 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*").

[^13]: *Second Report and Order*, 18 FCC Rcd at 9225, ¶ 67; 47 U.S.C. §
    254; 47 C.F.R §§ 54.502-54.503; 47 C.F.R. § 54.521(a)(4).

[^14]: *Second Report and Order*, 18 FCC Rcd at 9226, ¶ 69; 47 C.F.R. §
    54.521(e)(1).

[^15]: *Second Report and Order*, 18 FCC Rcd at 9226, ¶ 70; 47 C.F.R. §
    54.521(e)(4).

[^16]: *Second Report and Order*, 18 FCC Rcd at 9226, ¶ 70.

[^17]: 47 C.F.R. § 54.521(f).

[^18]: *See Second Report and Order*, 18 FCC Rcd at 9226, ¶ 70; 47
    C.F.R. §§ 54.521(e)(5), 54.521(f).

[^19]: *Second Report and Order*, 18 FCC Rcd at 9225, ¶ 66.

[^20]: Weaver Judgment at 1; Weaver Plea Agreement at 1-2.

[^21]: Weaver Information 2-3, 6-7; Weaver Plea Agreement at 1-2.

[^22]: *Second Report and Order*, 18 FCC Rcd at 9226, ¶ 70; 47 C.F.R. §
    54.521(e)(2)(i).

[^23]: "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 C.F.R. § 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 (\[47 C.F. R.\] § 54.500 *et seq*.)." 47 C.F.R. §
    54.521(a)(1).

[^24]: *See Second Report and Order,* 18 FCC Rcd at 9226, ¶ 70; 47
    C.F.R. §§ 54.521(e)(2(i), 54.521(e)(3).

[^25]: *Second Report and Order,* 18 FCC Rcd at 9227, ¶ 74.

[^26]: *See id.,* 18 FCC Rcd at 9226, ¶ 70; 47 C.F.R. § 54.521(e)(5).

[^27]: *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 C.F.R. §
    54.521(f).

[^28]: *Second Report and Order*, 18 FCC Rcd at 9225, ¶ 67; 47 C.F.R. §§
    54.521(d), 54.521(g).

[^29]: *Id*.