Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Notices 75311

the settlement if comments received 

disclose facts or considerations which 

indicate that the settlement is 

inappropriate, improper, or inadequate. 

Copies of the proposed settlement are 

available from: 

Ms. Paula V. Batchelor, U.S. 

Environmental Protection Agency, 

Region 4, Waste Management Division, 

61 Forsyth Street, SW., Atlanta, Georgia 

30303, (404) 562–8887, 

Batchelor.Paula@EPA.GOV.

Written comments may be submitted 

to Ms. Batchelor at the above address 

within 30 days of the date of 

publication.

Dated: December 1, 2004. 

Rosalind H. Brown, 

Chief, Superfund Enforcement & Information 

Management Branch, Waste Management 

Division.

[FR Doc. 04–27552 Filed 12–15–04; 8:45 am] 

BILLING CODE 6560–50–M

FEDERAL COMMUNICATIONS 

COMMISSION 

[CC Docket No. 92–105; DA 04–3679] 

Parties Asked To Refresh the Record 

Regarding Reconsideration of the 

Decision Applying the Numbering 

Utilization and Forecast Reports 

Requirements to Carriers Receiving 

Numbering Resources From the 500 

and 900 Number Plan Areas

AGENCY: Federal Communications 

Commission.

ACTION: Notice; solicitation of 

comments. 

SUMMARY: On July 12, 2001, Competitive 

Telecommunications Association and 

Personal Communications Industry 

Association jointly filed a petition for 

reconsideration insisting that 500 and 

900 numbering plan areas were not 

included in the Numbering Resource 

Optimization Report and Order and 

Further Notice of Proposed Rulemaking.

Because the petition for reconsideration 

was filed some time ago, the passage of 

time and intervening developments may 

have rendered the record developed for 

the petition stale. Moreover, some issues 

raised in the petition for reconsideration 

may have become moot or irrelevant in 

light of intervening events. For these 

reasons, the Wireline Competition 

Bureau requests that the petitioners 

identify issues from the petition that 

remain unresolved and supplement the 

petition, in writing, to indicate which 

findings they still wish to be 

reconsidered. To the extent that 

intervening events may have materially 

altered the circumstances surrounding 

the filed petition or the relief sought by 

filing parties, those entities may refresh 

the record with new information or 

arguments related to their original 

petition that they believe to be relevant 

to the issues. The previously filed 

petition will be deemed withdrawn and 

will be dismissed if parties do not 

indicate in writing an intent to pursue 

their petition for reconsideration.

DATES: Comments are due on or before 

December 30, 2004. Reply comments are 

due on or before January 6, 2005.

ADDRESSES: Parties who choose to file 

by paper must file an original and four 

copies of each filing. All filings must be 

sent to the Commission’s Secretary, 

Marlene H. Dortch, Office of the 

Secretary, Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. See 

SUPPLEMENTARY INFORMATION section for 

where and how to file comments.

FOR FURTHER INFORMATION CONTACT:

Karen Franklin, Attorney, Wireline 

Competition Bureau, 

Telecommunications Access Policy 

Division, (202) 418–7400 TTY: (202) 

418–0484.

SUPPLEMENTARY INFORMATION: Pursuant 

to the Commission’s rules governing 

petitions for reconsideration, the 

Commission invites interested parties to 

update the record pertaining to the 

petition for reconsideration filed by the 

Competitive Telecommunications 

Association (CompTel) and Personal 

Communications Industry Association 

(PCIA). In the Numbering Resource 

Optimization Report and Order and 

Further Notice of Proposed Rulemaking 

(NRO Order), 65 FR 37703, June 16, 

2000, the Commission, inter alia, 

adopted a mandatory utilization data 

reporting requirement, a uniform set of 

categories of numbers for which carriers 

must report their utilization, and a 

utilization threshold framework to 

increase carrier accountability and 

incentives to use numbers efficiently. 

Subsequent to the NRO Order, the 

Commission released a Public Notice 

stating that the reporting requirements 

established in the NRO Order apply to 

all carriers that receive numbering 

resources from the NANPA (i.e., code 

holders), or that receive numbering 

resources from a Pooling Administrator 

in thousands blocks (i.e., block holders), 

including the 500 and 900 numbering 

plan areas (NPAs). 

On July 12, 2001, CompTel and PCIA 

jointly filed a petition for 

reconsideration insisting that 500 and 

900 NPAs were not included in the NRO 

Order. Because the petition for 

reconsideration was filed some time 

ago, the passage of time and intervening 

developments may have rendered the 

records developed for those petitions 

stale. Moreover, some issues raised in 

the petition for reconsideration may 

have become moot or irrelevant in light 

of intervening events. 

For these reasons, the Wireline 

Competition Bureau requests the 

petitioners identify issues from the 

petition that remain unresolved now 

and supplement the petition, in writing, 

to indicate which findings they still 

wish to be reconsidered. To the extent 

that intervening events may have 

materially altered the circumstances 

surrounding the filed petition or the 

relief sought by filing parties, those 

entities may refresh the record with new 

information or arguments related to 

their original petition that they believe 

to be relevant to the issues. The 

previously filed petition will be deemed 

withdrawn and will be dismissed if 

parties do not indicate in writing an 

intent to pursue their petition for 

reconsideration.

Petitioners may file supplemental 

comments updating their previously 

filed petition for reconsideration on or 

before December 30, 2004. Reply 

Comments are due on or before January 

6, 2005. All pleadings are to reference 

CC Docket No. 99–200. Comments may 

be filed using: (1) the Commission’s 

Electronic Comment Filing System 

(ECFS), (2) the Federal Government’s 

eRulemaking Portal, or (3) by filing 

paper copies. See Electronic Filing of 

Documents in Rulemaking Proceedings,

63 FR 24121 (May 1, 1998). 

Comments filed through the ECFS can 

be sent as an electronic file via the 

Internet to http://www.fcc.gov/cgb/ecfs/.

Generally, only one copy of an 

electronic submission must be filed. If 

multiple docket or rulemaking numbers 

appear in the caption of this proceeding, 

however, commenters must transmit 

one electronic copy of the comments to 

each docket or rulemaking number 

referenced in the caption. In completing 

the transmittal screen, commenters 

should include their full name, U.S. 

Postal Service mailing address, and the 

applicable docket or rulemaking 

number. Parties may also submit an 

electronic comment by Internet e-mail. 

To get filing instructions for e-mail 

comments, commenters should send an 

e-mail to ecfs@fcc.gov, and should 

include the following words in the body 

of the message, ‘‘get form.’’ A sample 

form and directions will be sent in 

reply. Parties who choose to file by 

paper must file an original and four 

copies of each filing. If more than one 

docket or rulemaking number appears in 

the caption of this proceeding, 

commenters must submit two additional 

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