75312 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Notices 

1See 47 CFR 0.111(a)(14), 54.521.

2Letter from William H. Davenport, Chief, 

Investigations and Hearings Division, Enforcement 

Bureau, Federal Communications Commission, to 

John Dotson, Notice of Suspension and Proposed 

Debarment, 19 FCC Rcd 19662 (2004).

3 69 FR 62047 (Oct. 22, 2004).

4See Notice of Suspension, 19 FCC Rcd at 19662–

63 (imposing suspension pending the Bureau’s final 

debarment determination) (Attachment 1).

5See id., 18 FCC Rcd at 19663–64 (describing the 

basis for your proposed debarment).

6See id., 18 FCC Rcd at 19664 (describing 

procedures to contest proposed debarment).

7See id. (describing effect of proposed 

debarment).

8See 47 CFR 54.521(e)(3) and (4). That date 

occurred no later than November 21, 2004. See 

supra note 3.

copies for each additional docket or 

rulemaking number. 

One (1) courtesy copy should also be 

sent to Sheryl Todd, Wireline 

Competition Bureau, FCC, Room 5-

B540, 445 12th Street, SW., Washington, 

DC 20554. Filings can be sent 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, NE., Suite 110, 

Washington, DC 20002. The filing hours 

at this location are 8 a.m. to 7 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, DC 20554. All filings must 

be addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

The original petition for 

reconsideration that CompTel and PCIA 

jointly filed in 2001 is available for 

inspection and copying during business 

hours at the FCC Reference Information 

Center, Portals II, 445 12th St. SW., 

Room CY–A257, Washington, DC 20554. 

The document may also be purchased 

from Best Copy and Printing, Inc., 

Portals II, 445 12th Street, SW., Room 

CY–B402, Washington, DC 20554, 

telephone 1–800–378–3160, or via email http://www.bcpiweb.com.

This matter shall be treated as a 

‘‘permit-but-disclose’’ proceeding in 

accordance with the Commission’s ex 

parte rules. See 47 CFR 1.1200 and 

1.1206. Persons making oral ex parte

presentations are reminded that 

memoranda summarizing the 

presentations must contain summaries 

of the substance of the presentations 

and not merely a listing of the subjects 

discussed. More than a one-or twosentence description of the views and 

arguments presented is generally 

required. See 47 CFR 1.1206(b). Other 

rules pertaining to oral and written ex 

parte presentations in permit-butdisclose proceedings are set forth in 

§ 1.1206(b) of the Commission’s rules, 

47 CFR 1.1206(b).

Federal Communications Commission.

Dated: December 10, 2004. 

Narda M. Jones, 

Chief, Telecommunications Access Policy 

Division.

[FR Doc. 04–27564 Filed 12–15–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 04–3828] 

Notice of Debarment; Schools and 

Libraries Universal Service Support 

Mechanism

AGENCY: Federal Communications 

Commission.

ACTION: Notice.

SUMMARY: The Enforcement Bureau 

(‘‘Bureau’’) debars Mr. John Dotson from 

the schools and libraries universal 

service support mechanism for a period 

of three years.

DATES: Debarment commences on the 

date Mr. Dotson receives the debarment 

letter or whichever date comes first, for 

a period of three years.

FOR FURTHER INFORMATION CONTACT:

Diana Lee, Federal Communications 

Commission, Enforcement Bureau, 

Investigations and Hearings Division, 

Room 4–C330, 445 12th Street, SW., 

Washington, DC 20554. Diana Lee may 

be contacted by phone at (202) 418–

1420 or e-mail at diana.lee@fcc.gov.

SUPPLEMENTARY INFORMATION: The 

Bureau has debarred Mr. John Dotson 

from the schools and libraries universal 

service support mechanism for a period 

of three years pursuant to 47 CFR 54.521 

and 47 CFR 0.111(a)(14). The 

Commission previously suspended Mr. 

John Dotson from the schools and 

libraries mechanism, pending 

debarment proceedings. See 69 FR 

62047, October 22, 2004. Attached is the 

debarment letter, Notice of Debarment; 

Schools and Libraries Universal Service 

Support Mechanism, DA 04–3828, 

which was mailed to Mr. John Dotson 

and released on December 6, 2004, in 

turn attached the suspension letter, 

Notice Of Suspension and of Proposed 

Debarment Proceedings, DA 04–3209. 

The complete text of the debarment 

letter with attachment 1 is available for 

public inspection and copying during 

regular business hours at the FCC 

Reference Information Center, Portals II, 

445 12th Street, SW., Room CY–A257, 

Washington, DC 20554. In addition, the 

complete text of this letter may be 

retrieved from the FCC’s Web site at 

www.fcc.gov. The text may also be 

purchased from the Commission’s 

duplicating contractor, Qualex 

International, Portals II, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554, telephone 202–863–2893, 

facsimile 202–863–2898, or via e-mail 

qualexint@aol.com.

Federal Communications Commission. 

William H. Davenport, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau.

The debarment letter, with attached 

suspension letter, follows:

VIA Certified Mail Return Receipt Requested 

John Dotson, 2850 Webb Avenue, Apt. 4H, 

Bronx, NY 10468. 

Re: Notice of Debarment, File No. EB–04–IH–

0460.

Dear Mr. Dotson: 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 for a period of three years.1

On October 7, 2004, 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 October 22, 2004.3 The Notice of 

Suspension suspended you from the schools 

and libraries universal service support 

mechanism 4 and described the basis for your 

proposed debarment,5 the applicable 

debarment procedures,6 and the effect of 

debarment.7

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.8 The Commission did 

not receive any such opposition.

As discussed in the Notice of Suspension, 

on or about May 17, 2004, you were 

convicted of conspiracy to charge the E–Rate 

program 100 percent of the cost of E–Rate 

services provided through Connect2Interne 

Networks, Inc. (‘‘Connect2’’) to certain 

schools participating in the program, rather 

than requiring the schools to pay their 

designated ten percent of those costs, by: (1) 

Falsely representing to the schools that they 

Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Notices 75313

9Notice of Suspension, 19 FCC Rcd at 19663–64.

10Notice of Suspension, 19 FCC Rcd at 19664; 47 

CFR 54.521(c).

11See Notice of Suspension, 19 FCC Rcd at 

19664.

12See 47 CFR 54.521(a)(1), 54.521(a)(5), 

54.521(d); Notice of Suspension, 19 FCC Rcd at 

19664.

13Any further reference in this letter to ‘‘your 

conviction’’ refers to your conviction on or about 

May 17, 2004 of this count based on your 

participation in a fraudulent scheme to obtain 

schools and libraries E-Rate program funds. See 

United States v. Dotson, Docket No. 

1:03cr01113BSJ, Indictment (S.D.N.Y. filed 

September 17, 2003) (‘‘Dotson Indictment’’); United 

States v. Dotson, Docket No. 1:03cr01113BSJ, 

Judgment (S.D.N.Y. May 17, 2004) (‘‘Dotson 

Judgment’’).

14 47 CFR 54.521; 47 CFR 0.111(a)(14) (delegating 

to the Enforcement Bureau authority to resolve 

universal service suspension and debarment 

proceedings pursuant to 47 CFR 54.521).

15 47 CFR 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’’).

16Second Report and Order, 18 FCC Rcd at 9225, 

¶ 67; 47 U.S.C. 254; 47 CFR 54.502–54.503; 47 CFR 

54.521(a)(4).

17Second Report and Order, 18 FCC Rcd at 9226, 

¶ 69; 47 CFR 54.521(e)(1).

18Second Report and Order, 18 FCC Rcd at 9226, 

¶ 70; 47 CFR 54.521(e)(4).

19Second Report and Order, 18 FCC Rcd at 9226, 

¶ 70.

20 47 CFR 54.521(f).

21See Second Report and Order, 18 FCC Rcd at 

9226, ¶ 70; 47 CFR 54.521(e)(5), 54.521(f).

22Second Report and Order, 18 FCC Rcd at 9225, 

¶ 66.

23See Dotson Indictment at 2, 3; Dotson 

Judgment.

24 Dotson Indictment at 4–5.

25Second Report and Order, 18 FCC Rcd at 9226, 

¶ 70; 47 CFR 54.521(e)(2)(i).

26 ‘‘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 CFR 

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 CFR] 

§ 54.500 et seq.).’’ 47 CFR 54.521(a)(1).

27See Second Report and Order, 18 FCC Rcd at 

9226, ¶ 70; 47 CFR 54.521(e)(2)(i), 54.521(e)(3).

28Second Report and Order, 18 FCC Rcd at 9227, 

¶ 74.

29See id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR 

54.521(e)(5).

could participate in the program at no cost 

to them, and that their share of the costs 

would be covered by outside sources donated 

to Connect2 for that purpose; (2) requesting 

school officials to write checks payable to 

Connect2 while agreeing either not to cash 

them or to return those monies to the schools 

or their designees; and (3) creating backdated phony billing documents that give the 

false appearance that Connect2 had billed the 

schools for their costs.9 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.10 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.11

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.’’ 12

Sincerely yours,

William H. Davenport,

Chief, Investigations and Hearings Division, 

Enforcement Bureau.

cc: Philip L. Weinstein, Federal Defender 

Division Legal Aid Society 

Kristy Carroll, USAC (Via Email) 

David M. Siegal, Assistant United States 

Attorney, Southern District of New York 

(Via Email)

Attachment 1

VIA Certified Mail Return Receipt Requested 

John Dotson, 2850 Webb Avenue, Apt. 4H, 

Bronx, NY 10468. 

Re: Notice of Suspension and of Proposed 

Debarment, File No. EB–04–IH–0460.

Dear Mr. Dotson: The Federal 

Communications Commission (‘‘FCC’’ or 

‘‘Commission’’) has received notice of your 

conviction on or about May 17, 2004 

pursuant to 18 U.S.C. 371 for conspiracy to 

defraud the United States.13 Specifically, you 

were convicted of conspiracy to violate the 

following laws of the United States: (1) 18 

U.S.C. 287 (false, fictitious, and fraudulent 

claims); (2) 18 U.S.C. 1001 (false statements 

and entries generally); and (3) 18 U.S.C. 1343 

(fraud by wire, radio, or television). 

Consequently, pursuant to 47 CFR 54.521, 

this letter constitutes official notice of your 

suspension from the schools and libraries 

universal service support mechanism, also 

known as the E-Rate program. In addition, 

the Enforcement Bureau (‘‘Bureau’’) hereby 

notifies you that we are commencing 

debarment proceedings against you.14

I. Notice of Suspension 

Pursuant to section 54.521(a)(4) of the 

Commission’s rules,15 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.16 Your 

suspension becomes effective upon the 

earlier of your receipt of this letter or 

publication of notice in the Federal 

Register.17

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.18

Such requests, however, will not ordinarily 

be granted.19 The Bureau may reverse or 

limit the scope of suspension only upon a 

finding of extraordinary circumstances.20

Absent extraordinary circumstances, the 

Bureau will decide any request for reversal 

or modification of suspension within 90 days 

of its receipt of such request.21

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.22 Based on 

your February 13, 2004 guilty plea, you were 

convicted on or about May 17, 2004 of 

conspiracy to defraud the Government by 

selling E-Rate services through 

Connect2Internet Networks, Inc. 

(‘‘Connect2’’) to certain schools participating 

in the E-Rate program but charging 100 

percent of the costs to the program rather 

than requiring the schools to pay ten percent 

of the costs as required by the program 

rules.23 In particular, you admitted to 

combining, conspiring and carrying out, with 

other co-conspirators, the following acts: (1) 

falsely representing to certain schools that 

they could participate in the E-Rate program 

at no cost to them, and that their share of the 

costs would be covered by outside sources 

donated to Connect2 for that purpose; (2) 

requesting certain school officials to write 

checks payable to Connect2 while agreeing 

either not to cash them or to return those 

monies to the schools or their designees; and 

(3) creating back-dated phony billing 

documents that give the false appearance that 

Connect2 had billed the schools for their 

costs.24 These actions constitute the conduct 

or transactions upon which this debarment 

proceeding is based.25 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.26 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.27 Absent extraordinary 

circumstances, the Bureau will debar you.28

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.29 If the Bureau 

75314 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Notices 

30 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 CFR 

54.521(f).

31Second Report and Order, 18 FCC Rcd at 9225, 

¶ 67; 47 CFR 54.521(d), 54.521(g).

32 Id.

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.30

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.31 The Bureau may, if 

necessary to protect the public interest, 

extend the debarment period.32

Please direct any responses to the 

following address: 

Diana Lee, Esq., Federal Communications 

Commission, Enforcement Bureau, 

Investigations and Hearings Division, Room 

4–A265, 445 12th Street, SW., Washington, 

DC 20554.

If you submit your response via handdelivery 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. 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: Philip L. Weinstein, Federal Defender 

Division Legal Aid Society 

Kristy Carroll, USAC (Via E-mail) 

David M. Siegal, Assistant United States 

Attorney, Southern District of New York 

(Via E-mail)

[FR Doc. 04–27587 Filed 12–15–04; 8:45 am] 

BILLING CODE 6712–01–U

FEDERAL RESERVE SYSTEM

Change in Bank Control Notices; 

Acquisition of Shares of Bank or Bank 

Holding Companies

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire a bank or bank 

holding company. The factors that are 

considered in acting on the notices are 

set forth in paragraph 7 of the Act (12 

U.S.C. 1817(j)(7)).

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the office of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than 

December 30, 2004.

A. Federal Reserve Bank of Atlanta

(Sue Costello, Vice President) 1000 

Peachtree Street, N.E., Atlanta, Georgia 

30303:

1. Gerald L. Pennington Trust, Gerald 

Lee Pennington as trustee, Margaret A. 

Pennington Trust, and Margaret Angela 

Pennington as trustee, all of Osprey, 

Florida; to acquire additional voting 

shares of LandMark Financial Holding 

Company, and thereby indirectly 

acquire voting shares of LandMark Bank 

of Florida, both of Sarasota, Florida.

Board of Governors of the Federal 

Reserve System, December 10, 2004.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 04–27481 Filed 12–15–04; 8:45 am]

BILLING CODE 6210–01–S

FEDERAL RESERVE SYSTEM

Change in Bank Control Notices; 

Acquisition of Shares of Bank or Bank 

Holding Companies

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire a bank or bank 

holding company. The factors that are 

considered in acting on the notices are 

set forth in paragraph 7 of the Act (12 

U.S.C. 1817(j)(7)).

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the office of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than January 

3, 2005.

A. Federal Reserve Bank of St. Louis

(Randall C. Sumner, Vice President) 411 

Locust Street, St. Louis, Missouri 

63166–2034:

1. Martin B. Rowe, Harrisburg, 

Illinois, individually and as a member 

of the Rowe Family Control Group, 

which consists of Martin B. Rowe, the 

Burt H. Rowe, Jr. Marital Trust and the 

Anne Rowe Family Trust, all of 

Harrisburg, Illinois; Marianna R. Deal, 

Rachelle L. Rowe, and Caroline C. 

Rowe, all of St. Louis, Missouri; and 

Anne Rowe, Destin, Florida; to acquire 

control of First Eldorado Bancshares, 

Inc., Eldorado, Illinois, and thereby 

indirectly acquire control of Dana 

Bancorp, Inc., Dana, Indiana, The First 

National Bank of Dana, Dana Indiana, 

and First State Bank of Eldorado, 

Eldorado, Illinois.

Board of Governors of the Federal Reserve 

System, December 13, 2004.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 04–27578 Filed 12–15–04; 8:45 am]

BILLING CODE 6210–01–S

FEDERAL RESERVE SYSTEM

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below.

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The application also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

Web site at www.ffiec.gov/nic/.

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than January 10, 

2005.

A. Federal Reserve Bank of Dallas

(W. Arthur Tribble, Vice President) 2200 

North Pearl Street, Dallas, Texas 75201–

2272: