DA 04-2034

July 7, 2004

THE ENFORCEMENT BUREAU, INVESTIGATIONS AND HEARINGS DIVISION, SEEKS
COMMENT ON NEC BNS PETITION FOR WAIVER OF SECTION 54.521 OF THE
COMMISSION'S RULES

**EB-03-IH-0738**

**Comment Date: July 19, 2004**

**Reply Comment Date: July 29, 2004**

On May 27, 2004, NEC Business Solutions, Inc. ("NEC BNS") filed a
petition[^1] with the Commission for a waiver of section 54.521 of the
Commission's rules.[^2] Section 54.521 provides that the Commission
shall suspend and initiate debarment proceedings against persons
convicted of fraud or related criminal acts arising out of activities
associated with the schools and libraries E-Rate program. NEC BNS
recently pled guilty to one count of wire fraud and one count of
antitrust violation arising from its participation as a service provider
in the E-Rate program.[^3] A copy of NEC's waiver request, plea
agreement, and supplement to the waiver request is attached to this
Public Notice. We seek comment on NEC BNS's petition, in light of the
novel relief that it requests.

Requests for waiver of the Commission's rules are subject to treatment
by the Commission as restricted proceedings for *ex parte* purposes
under section 1.1208 of the Commission's rules unless otherwise
provided.[^4] Because this request may implicate broadly applicable
policy issues, we believe it would be in the public interest to treat
this case as a permit-but-disclose proceeding under the *ex parte*
rules.[^5] *Ex parte* presentations that are made with respect to the
issues involved in the petition will be allowed but must be disclosed in
accordance with the requirements of § 1.1206(b) of the Commission's
rules.[^6] Commenters seeking to protect the confidentiality of
information produced shall follow the procedures set forth in Commission
rule section 0.459.[^7]

Pursuant to sections 1.415 and 1.419 of the Commission's rules,
interested persons may file comments on NEC BNS's waiver request on or
before July 19, 2004.[^8] Reply comments must be filed on or before July
29, 2004. All comments should reference the NEC BNS waiver request,
including the Enforcement File number, EB-03-IH-0738, and the DA number
of this Public Notice. Interested persons should file an original and
four copies of their comments with the Office of the Secretary, Federal
Communications Commission, 445 12^th^ Street, S.W., Room TW-A325,
Washington, D.C. 20554.

Filings can be submitted by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S. Postal
Service mail).

The Commission's contractor, Natek, Inc., will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The
filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of before entering the building. Commercial
overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD
20743. U.S. Postal Service first-class mail, Express Mail, and Priority
Mail should be addressed to 445 12th Street, SW, Washington, D.C. 20554.
All filings must be addressed to the Commission's Secretary, Office of
the Secretary, Federal Communications Commission.

Commenters should also send one (1) copy to the Commission's copy
contractor, Best Copy and Printing, Inc., 445 12th Street, S.W., Room
CY-B402, Washington, D.C. 20554, or via e-mail at **joshir@erols.com**,
and three (3) paper copies and one (1) diskette copy of their filing in
an IBM compatible format using Word or Acrobat Reader (with the .pdf
extension) to Ernestine Creech, Investigation and Hearings Division,
Enforcement Bureau, Federal Communications Commission, 445 Twelfth
Street S.W., Room 3A-247, Washington, D.C. 20554. A courtesy copy of all
comments should be provided in an IBM compatible format using Word or
Acrobat Reader (with the .pdf extension) via e-mail to
**diana.lee@fcc.gov**. In addition, a copy of their filing should be
served on Richard Rubin, Counsel for NEC BNS, at 701 Pennsylvania
Avenue, N.W., Suite 800, Washington, DC 20004-2608, or provided via
e-mail to **rrubin@thelenreid.com**.

Filings and comments are available for public inspection and copying
during regular business hours at the FCC Reference Center, Portals II,
445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554, (202)
418-0270. They may also be purchased from the Commission's copy
contractor, Best Copy and Printing, Inc., 445 12th Street, S.W., Room
CY-B402, Washington, D.C. 20554, telephone 1(800) 378-3160 or (202)
863-2893, facsimile (202) 863-2898, or via e-mail at
**joshir@erols.com.**

For further information, contact Hillary DeNigro at (202) 418-7334 or
Diana Lee at (202) 418-0843.

Action by the Chief, Investigations and Hearings Division.

[^1]: NEC Business Network Solutions, Inc. Petition for Waiver of
    Section 54.521 of the Commission's Rules, EB-03-IH-0738, dated May
    27, 2004 ("NEC BNS Petition").

[^2]: 47 C.F.R. § 54.521.

[^3]: *See* NEC BNS Petition at 4-5.

[^4]: 47 C.F.R. § 1.1208.

[^5]: 47 C.F.R. §§ 1.1200(a), 1.1206.

[^6]: 47 C.F.R. § 1.1206(b).

[^7]: 47 C.F.R § 0.459.

[^8]: 47 C.F.R. §§ 1.415, 1.419.