**DA 05-1729**

# 

# **VIA CERTIFIED MAIL**

## RETURN RECEIPT REQUESTED

Mr. Ronald R. Morrett, Jr.

1809 Holly Drive

Harrisburg, PA 17110

> **Re: Notice of Suspension and of Proposed Debarment**
>
> **File No. EB-03-IH-0615**

Dear Mr. Morrett:

The Federal Communications Commission ("FCC" or "Commission") has
received notice of your May 16, 2005 conviction for conspiracy to engage
in bribery in a federally funded program, in violation of 18 U.S.C. §
371.[^1] 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 (or "E-Rate program"). In
addition, the Enforcement Bureau ("Bureau") hereby notifies you that we
are commencing debarment proceedings against you.[^2]

I.  **Notice of Suspension**

Pursuant to section 54.521(a)(4) of the Commission's rules,[^3] your
conviction requires the Bureau to suspend you from participating in any
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.[^4] Your suspension becomes
effective upon the earlier of your receipt of this letter or publication
of notice in the Federal Register.[^5]

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.[^6] Such requests, however,
will not ordinarily be granted.[^7] The Bureau may reverse or limit the
scope of suspension only upon a finding of extraordinary
circumstances.[^8] Absent extraordinary circumstances, the Bureau will
decide any request for reversal or modification of suspension within 90
days of its receipt of such request.[^9]

II. **Notice of Proposed Debarment**

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

The Commission has established 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.[^10] As provided by your December 8, 2003 plea agreement upon
which your conviction is based, you pleaded guilty to a felony
information charging you with conspiracy in violation of 18 U.S.C. §
371.[^11] The felony information alleges that in 2000, the Harrisburg
(Pennsylvania) School District awarded a multi-million dollar E-Rate
contract to you and EMO Communications, Inc. ("EMO") for the development
and installation of an educational technology system for the school
district; that a grant from the E-Rate program funded a substantial
portion of the cost of this contract; that you and EMO received payments
from the E-Rate program only after John Weaver, Information Technology
Director for the school district, certified that you and EMO had
performed specified work under the contract; and that you agreed to make
kickback payments of more than \$1.9 million to Weaver while he
processed certifications that were essential to you in obtaining E-Rate
funded payments on the contract.[^12] The felony information charges
you, Weaver, and others with conspiring to corruptly give, offer, and
agree to give things of value with the intent to influence an agent of
the Harrisburg School District and in furtherance of that conspiracy,
causing more than \$1.9 million in payments to be made to Weaver.[^13]
Pursuant to your plea agreement, you have pleaded guilty to the charge
of conspiracy set forth in the felony information. These actions
constitute the conduct or transactions upon which this debarment
proceeding is based.[^14] 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.[^15] 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.[^16] Absent extraordinary circumstances, the Bureau
will debar you.[^17] 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.[^18] 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 the decision in the Federal Register.[^19]

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.[^20] The Bureau may, if necessary to protect the
public interest, extend the debarment period.[^21]

Please direct any responses to the following address:

Diana Lee

Federal Communications Commission

Enforcement Bureau, Investigations and Hearings Division

Room 4C-330

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
the 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>. If Ms. Lee is
unavailable, you may contact Eric Bash by telephone at (202) 418-1420
and by e-mail at <eric.bash@fcc.gov>.

> Sincerely yours,

William H. Davenport

> Chief

Investigations and Hearings Division

Enforcement Bureau

cc: Brian Perry, Esq., Nealson & Gover

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

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

[^1]: Any further reference in this letter to "your conviction" refers
    to your December 8, 2003 guilty plea for conspiracy and conviction
    therefor. *See United States v. Morrett*, Criminal Docket No.
    03-337, Information at 4 (M.D.Pa. filed December 8, 2003) ("*Morrett
    Information*"); *United States v. Morrett*, Criminal Docket No.
    03-337, Plea Agreement at 1-2 (M.D.Pa. filed Dec. 8, 2003)
    ("*Morrett Plea Agreement"*); *United States v. Morrett*, Criminal
    Docket No. 03-337, Judgment (M.D.Pa. filed May 16, 2005 and entered
    May 18, 2005).

[^2]: 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).

[^3]: 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*").

[^4]: *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).

[^5]: *Second Report and Order*, 18 FCC Rcd at 9226, ¶ 69; 47 C.F.R. §
    54.521(e)(1).

[^6]: *Second Report and Order*, 18 FCC Rcd at 9226, ¶ 70; 47 C.F.R. §
    54.521(e)(4).

[^7]: *Second Report and Order*, 18 FCC Rcd at 9226, ¶ 70.

[^8]: 47 C.F.R. § 54.521(f).

[^9]: *See Second Report and Order*, 18 FCC Rcd at 9226, ¶ 70; 47 C.F.R.
    §§ 54.521(e)(5), 54.521(f).

[^10]: *Second Report and Order*, 18 FCC Rcd at 9225, ¶ 66.

[^11]: *See* Morrett Plea Agreement at 1.

[^12]: Morrett Information at 2-3.

[^13]: Morrett Information at 4-5.

[^14]: *Second Report and Order*, 18 FCC Rcd at 9226, ¶ 70; 47 C.F.R. §
    54.521(e)(2)(i).

[^15]: "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).

[^16]: *See Second Report and Order,* 18 FCC Rcd at 9226, ¶ 70; 47
    C.F.R. §§ 54.521(e)(2(i), 54.521(e)(3).

[^17]: *Second Report and Order,* 18 FCC Rcd at 9227, ¶ 74.

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

[^19]: *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).

[^20]: *Second Report and Order*, 18 FCC Rcd at 9225, ¶ 67; 47 C.F.R. §§
    54.521(d), 54.521(g).

[^21]: *Id*.