48562 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 

1 47 C.F.R. § 54.8(g) (2008). See also 47 C.F.R. 

§ 0.111(a)(14). 

2Letter from Hillary S. DeNigro, Chief, 

Investigations and Hearings Division, Enforcement 

Bureau, Federal Communications Commission, to 

Mr. Andre J. Hornsby, Notice of Suspension and 

Initiation of Debarment Proceedings, 24 FCC Rcd 

9093 (Inv. & Hearings Div., Enf. Bur. 2009) 

(Attachment 1)(‘‘Notice of Suspension’’). 

3 74 Fed. Reg. 36223 (July 22, 2009). 

4See Notice of Suspension, 24 FCC Rcd at 9094– 

96. 

5See 47 C.F.R. § 54.8 (e)(3),(4). That date occurred 

no later than Aug. 21, 2009. See supra note 3. 

6See Notice of Suspension, 24 FCC Rcd at 9094– 

95. See also United States v. Andre Jose Hornsby, 

Criminal Docket No. 8:06CR00376–PJM–1, 

Judgment (D. Md. filed and entered Dec. 5, 2008). 

7See Notice of Suspension, 24 FCC Rcd at 9094– 

95. See also United States v. Andre Jose Hornsby, 

Criminal Docket No. 8:06CR00376–PJM–1, 

Superseding Indictment (D. Md filed and entered 

Apr. 23, 2008). 

8 47 C.F.R. § 54.8(c). See also § 54.8(a)(4),(b)–(e). 

9See 47 C.F.R. § 54.8(e)(5),(g). See also Notice of 

Suspension, 24 FCC Rcd at 9096. 

10See 47 C.F.R. § 54.8(a)(1),(a)(5),(d),(g); Notice of 

Suspension, 24 FCC Rcd at 9096. 

must explain why they believe the 

Agency should reconsider the data or 

information in the pesticide’s 

registration review. 

• As provided in 40 CFR 155.58, the 

registration review docket for each 

pesticide case will remain publicly 

accessible through the duration of the 

registration review process; that is, until 

all actions required in the final decision 

on the registration review case have 

been completed. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: September 14, 2009. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. E9–22622 Filed 9–22–09; 8:45 a.m.] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 09–2029] 

Notice of Debarment; Schools and 

Libraries Universal Service Support 

Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Enforcement Bureau (the 

‘‘Bureau’’) debars Andre J. Hornsby from 

the schools and libraries universal 

service support mechanism (or ‘‘E–Rate 

Program’’) for a period of three years 

based on his conviction of wire fraud, 

witness and evidence tampering, and 

obstruction of justice in connection with 

his participation in the program. The 

Bureau takes this action to protect the 

E–Rate Program from waste, fraud and 

abuse. 

DATES: Debarment commences on the 

date Andre J. Hornsby receives the 

debarment letter or September 23, 2009, 

whichever date comes first, for a period 

of three years. 

FOR FURTHER INFORMATION CONTACT: 

Rebekah Bina, Federal Communications 

Commission, Enforcement Bureau, 

Investigations and Hearings Division, 

Room 4–C330, 445 12th Street, SW., 

Washington, DC 20554. Rebekah Bina 

may be contacted by phone at (202) 

418–7931 or e-mail at 

Rebekah.Bina@fcc.gov. If Ms. Bina is 

unavailable, you may contact Michele 

Berlove, Acting Assistant Division 

Chief, Investigations and Hearings 

Division, by telephone at (202) 418– 

1420 and by e-mail at 

michele.berlove@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Bureau debarred Andre J. Hornsby from 

the schools and libraries universal 

service support mechanism for a period 

of three years pursuant to 47 CFR 54.8 

and 47 CFR 0.111. Attached is the 

debarment letter, DA 09–2029, which 

was mailed to Andre J. Hornsby and 

released on September 11, 2009. The 

complete text of the notice of debarment 

is available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portal II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

In addition, the complete text is 

available on the FCC’s Web site at 

http://www.fcc.gov. The text may also be 

purchased from the Commission’s 

duplicating inspection and copying 

during regular business hours at the 

contractor, Best Copy and Printing, Inc., 

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

CY–B420, Washington, DC 20554, 

telephone (202) 488–5300 or (800) 378– 

3160, facsimile (202) 488–5563, or via email http://www.bcpiweb.com. 

Hillary S. DeNigro, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau, Federal 

Communications Commission. 

September 11, 2009 

DA 09–2029 

VIA CERTIFIED MAIL RETURN RECEIPT 

REQUESTED 

Andre J. Hornsby, Inmate No. 39456–037, 

FTC Oklahoma, Federal Transfer Center, 

Oklahoma City, Oklahoma 73189. 

Re: Notice of Debarment File No. EB–09–IH– 

0408 

Dear Mr. Hornsby: Pursuant to section 54.8 

of the rules of the Federal Communications 

Commission (the ‘‘Commission’’), by this 

Notice of Debarment you are debarred from 

the schools and libraries universal service 

support mechanism (or ‘‘E–Rate program’’) 

for a period of three years.1

On July 14, 2009, the Enforcement Bureau 

(the ‘‘Bureau’’) sent you a Notice of 

Suspension and Initiation of Debarment 

Proceedings (the ‘‘Notice of Suspension’’).2

That Notice of Suspension was published in 

the Federal Register on July 22, 2009.3 The 

Notice of Suspension suspended you from 

participating in activities associated with or 

relating to the schools and libraries universal 

service support mechanism and described 

the basis for initiation of debarment 

proceedings against you, 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, 

the United States District Court for the 

District of Maryland sentenced you to six 

years in prison following your conviction for 

federal crimes, including honest services 

wire fraud, witness and evidence tampering, 

and obstruction of justice, in connection with 

your activities related to the E–Rate program 

for Prince George’s County Public School 

System (‘‘PGCPS’’).6 While employed as 

Chief Executive Officer, Secretary and 

Treasurer for the Board of Education for 

Prince George’s County, you devised and 

participated in schemes to defraud PGCPS for 

your personal financial gain by steering 

contracts, making materially false 

representations, destroying records, and 

otherwise hiding your associations to conceal 

your role in the fraudulent conduct.7 Such 

conduct constitutes the basis for your 

debarment, and your conviction falls within 

the categories of causes for debarment under 

section 54.8(c) of the Commission’s rules.8

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.9

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.10

Sincerely, 

Hillary S. DeNigro, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau. 

cc: Michael R. Pauze ́, Assistant United States 

Attorney, Department of Justice (via email) Kristy Carroll, Esq., Universal 

Service Administrative Company (via email) 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 48563 

11See 18 U.S.C. §§ 1343, 1346 (honest services 

wire fraud), 1512(b) (attempted evidence 

tampering), and 1503 (obstruction of Justice). Any 

further reference in this letter to ‘‘your conviction’’ 

refers to your six count conviction. United States 

v. Andre Jose Hornsby, Criminal Docket No. 

8:06CR00376–PJM–1, Judgment (D. Md. filed and 

entered Dec. 5, 2008) (‘‘Hornsby Judgment’’). See 

also United States v. Andre Jose Hornsby, Criminal 

Docket No. 8:06CR00376–PJM–1, Superseding 

Indictment (D. Md filed and entered Apr. 23, 2008) 

(‘‘Hornsby Indictment’’). 

12 47 C.F.R. § 54.8 (2008). See also 47 C.F.R. 

§ 0.111 (delegating to the Enforcement Bureau 

authority to resolve universal service suspension 

and debarment proceedings). The Commission 

adopted debarment rules for the schools and 

libraries universal service support mechanism in 

2003. See Schools and Libraries Universal Service 

Support Mechanism, Second Report and Order and 

Further Notice of Proposed Rulemaking, 18 FCC 

Rcd 9202 (2003) (‘‘Second Report and Order’’) 

(adopting section 54.521 of the Commission’s rules 

to suspend and debar parties from the E–Rate 

program). In 2007, the Commission extended the 

debarment rules to apply to all of the Federal 

universal service support mechanisms. 

Comprehensive Review of the Universal Service 

Fund Management, Administration, and Oversight; 

Federal-State Joint Board on Universal Service; 

Schools and Libraries Universal Service Support 

Mechanism; Lifeline and Link Up; Changes to the 

Board of Directors for the National Exchange 

Carrier Association, Inc., Report and Order, 22 FCC 

Rcd 16372, 16410–12 (2007) (Program Management 

Order) (renumbering section 54.521 of the universal 

service debarment rules as section 54.8 and 

amending subsections (a)(1), (5), (c), (d), (e)(2)(i), 

(3), (e)(4), and (g)). 

13Second Report and Order, 18 FCC Rcd at 9225, 

¶ 66. The Commission’s debarment rules define a 

‘‘person’’ as ‘‘[a]ny individual, group of individuals, 

corporation, partnership, association, unit of 

government or legal entity, however organized.’’ 47 

C.F.R. § 54.8(a)(6). 

14Hornsby Judgment at 1–5. See also Hornsby 

Indictment at 1–21, 24–27, 29–30. (Discussion of 

your convictions in this notice is limited to those 

activities related to the E–Rate program). 

15Hornsby Judgment at 6–7. PGCPS was one of 

the 20 largest school districts in the nation in 2004, 

with a budget of more than $1 billion. See 

Department of Justice Press Release (Nov. 25, 2008), 

available at http://baltimore.fbi.gov/dojpressrel/ 

pressrel08/ba112508.htm (DOJ November 2008 

Press Release). 

16Hornsby Indictment at 2. See also DOJ 

November 2008 Press Release at 1. The Board was 

responsible for oversight of PGCPS. See Hornsby 

Indictment at 1. Responsibility for the overall 

administration of PGCPS was entrusted to the Chief 

Executive Officer, who reported to the Board. See 

Hornsby Indictment at 2. 

17Hornsby Indictment at 2. 

18 Id. at 14–19. See also DOJ November 2008 Press 

Release at 1. 

19Hornsby Indictment at 6, 15. 

20 Id. at 4–8. You directed PGCPS personnel not 

to award contracts to the company with the highest 

overall score, and stalled the bidding process past 

the deadline in favor of waiting for a proposal from 

Erate Managers. Hornsby Indictment at 6–7. See 

also DOJ November 2008 Press Release at 1–2. 

21Hornsby Indictment at 8, 14–15. See also DOJ 

November 2008 Press Release at 1–2. 

22Hornsby Indictment at 14–18, 24–27, 29–30. 

See also DOJ November 2008 Press Release at 3. 

23 47 C.F.R. § 54.8(b)–(e); see also § 54.8(a)(4). 

24 47 C.F.R. § 54.8(a)(1); see also § 54.8(a)(3). 

25 47 C.F.R. § 54.8(a)(7), (e)(1); see also Second 

Report and Order, 18 FCC Rcd at 9226, ¶ 69. 

26 47 C.F.R. § 54.8(e)(4). 

27 Id. 

28 Id. 

29 47 C.F.R. § 54.8(f); see also Second Report and 

Order, 18 FCC Rcd at 9226, ¶ 70. 

30 47 C.F.R. § 54.8(e)(5), (f); see also Second 

Report and Order, 18 Fcc Rcd at 9226, ¶ 70. 

31 ‘‘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. 

§ 54.8(c). You were convicted for obstruction of 

justice, attempted evidence tampering for 

falsification or destruction of records, and wire 

fraud. See supra note 4. 

32See 47 C.F.R. § 54.8(b), (c). 

Attachment 1 

July 14, 2009 

DA 09–1528 

VIA CERTIFIED MAIL RETURN RECEIPT 

REQUESTED AND E–MAIL 

(robertbonsib@marcusbonsib.com) AND 

FACSIMILE (301) 441–3003 

Andre J. Hornsby, c/o Robert C. Bonsib, 

Marcus and Bonsib, 6411 Ivy Lane, Suite 

116, Greenbelt, MD 20770. 

Re: Notice of Suspension and Initiation of 

Debarment Proceedings, File No. EB–09– 

IH–0408 

Dear Mr. Hornsby: The Federal 

Communications Commission (‘‘FCC’’ or 

‘‘Commission’’) has received notice of your 

conviction of federal crimes, including 

honest services wire fraud, witness and 

evidence tampering, and obstruction of 

justice, in connection with your participation 

in the schools and libraries universal service 

support mechanism (‘‘E–Rate program’’).11

Consequently, pursuant to 47 C.F.R. § 54.8, 

this letter constitutes official notice of your 

suspension from the E–Rate program. In 

addition, the Enforcement Bureau (‘‘Bureau’’) 

hereby notifies you that we are commencing 

debarment proceedings against you.12

I. Notice of Suspension 

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.13 On 

November 25, 2008, the United States District 

Court for the District of Maryland sentenced 

you to six years in prison, to be followed by 

three years of supervised release, following 

your conviction on federal crimes, including 

honest services wire fraud, witness and 

evidence tampering, and obstruction of 

justice, in connection with your activities 

related to the E–Rate program.14 In addition, 

you were ordered to pay a $20,000 fine and 

$70,000 in restitution to the Prince George’s 

County Public School System (‘‘PGCPS’’).15

You were employed as Chief Executive 

Officer, Secretary and Treasurer for the Board 

of Education for Prince Georges County 

(‘‘Board’’).16 As Chief Executive Officer of the 

Board, you were responsible for overall 

administration of PGCPS from June 2003 

until June 2005.17 Beginning in November 

2003, you devised schemes to defraud PGCPS 

for your personal financial gain.18 You 

directed PGCPS employees to seek proposals 

from outside E–Rate consulting companies 

for assistance with PGCPS’ E–Rate 

applications.19 Despite late filings and other 

disqualifications, you ultimately steered the 

bidding process and directed contracts be 

awarded for E–Rate consulting services to 

Erate Managers, LLC (‘‘Erate Managers’’), a 

non-existent company purportedly operated 

by an individual who had worked for you in 

other school districts (‘‘Former 

Employee’’).20 You, in turn, were to receive 

more than $100,000 from the Former 

Employee for your role in securing the E– 

Rate consulting contracts with PGCPS, and 

accepted $1,000 in cash as a down 

payment.21 Further, you made materially 

false representations, destroyed records and 

otherwise hid your associations with the 

Former Employee to conceal your role in the 

fraudulent conduct at issue.22

Pursuant to section 54.8 of the 

Commission’s rules, your conviction on 

criminal offenses arising out of consulting 

activities associated with or related to the 

schools and libraries support mechanism 

requires the Bureau to suspend you from 

continuing to participate in any activities 

associated with or related to the schools and 

libraries support mechanism.23 Activities 

arising out of or related to the schools and 

libraries support mechanism 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 the schools and libraries support 

mechanism.24

Your suspension becomes immediately 

effective upon the earlier of your receipt of 

this letter or publication of notice in the 

Federal Register, pending the Bureau’s final 

debarment determination.25 In accordance 

with the Commission’s debarment rules, you 

may contest this suspension or the scope of 

this suspension by filing arguments in 

opposition to the suspension, with any 

relevant documentation.26 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.27

Such requests, however, will not ordinarily 

be granted.28 The Bureau may reverse or 

limit the scope of suspension only upon a 

finding of extraordinary circumstances.29

The Bureau will decide any request for the 

reversal or modification of suspension within 

90 days of its receipt of such request.30

II. Initiation of Debarment Proceedings 

Your conviction for criminal conduct in 

connection with the E–Rate program, in 

addition to serving as a basis for immediate 

suspension from the program, also serves as 

a basis for the initiation of debarment 

proceedings against you. Your conviction 

falls within the categories of causes for 

suspension and debarment defined in section 

54.8(c) of the Commission’s rules.31

Therefore, pursuant to section 54.8 of the 

Commission’s rules, your conviction requires 

the Bureau to commence debarment 

proceedings against you.32

mstockstill on DSKH9S0YB1PROD with NOTICES

48564 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 

33 47 C.F.R. § 54.8(e)(3), (5); see also Second 

Report and Order, 18 FCC Rcd at 9226, ¶ 70. 

34 47 C.F.R. § 54.8(e)(5); see also Second Report 

and Order, 18 FCC Rcd at 9227, ¶ 74. 

35 47 C.F.R. § 54.8(e)(5), (f); see also Second 

Report and Order, 18 FCC Rcd at 9226, ¶ 70. 

36 47 C.F.R. § 54.8(e)(5). 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. § 54.8(f). 

37 47 C.F.R. § 54.8(a)(1), (d), (g); see also Second 

Report and Order, 18 FCC Rcd at 9225, ¶ 67. 

38 47 C.F.R. § 54.8(g). 

1 47 C.F.R. 54.8(g) (2008). See also 47 C.F.R. 

§ 0.111(a)(14). 

2Letter from Hillary S. DeNigro, Chief, 

Investigations and Hearings Division, Enforcement 

Bureau, Federal Communications Commission, to 

Mr. Steven Newton, Notice of Suspension and 

Initiation of Debarment Proceedings, 24 FCC Rcd 

9098 (Inv. & Hearings Div., Enf. Bur. 2009) 

(Attachment 1)(‘‘Notice of Suspension’’). 

3 74 Fed. Reg. 36221 (July 22, 2009). 

4See Notice of Suspension, 24 FCC Rcd at 9099– 

101. 

As with your suspension, 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.33

Absent extraordinary circumstances, the 

Bureau will debar you.34 The Bureau will 

decide any request for reversal or limitation 

of debarment within 90 days of receipt of 

such request.35 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.36

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 three years from the date of 

debarment.37 The Bureau may, if necessary to 

protect the public interest, extend the 

debarment period.38

Please direct any response, if by messenger 

or hand delivery, to Marlene H. Dortch, 

Secretary, Federal Communications 

Commission, 236 Massachusetts Avenue, 

N.E., Suite 110, Washington, D.C. 20002, to 

the attention of Rebekah Bina, Attorney 

Advisor, Investigations and Hearings 

Division, Enforcement Bureau, Room 4– 

C330, with a copy to Michele Levy Berlove, 

Acting Assistant Chief, Investigations and 

Hearings Division, Enforcement Bureau, 

Room 4–C330, Federal Communications 

Commission. If sent by commercial overnight 

mail (other than U.S. Postal Service Express 

Mail and Priority Mail), the response should 

be sent to the Federal Communications 

Commission, 9300 East Hampton Drive, 

Capitol Heights, Maryland 20743. If sent by 

first-class, Express, or Priority mail, the 

response should be sent to Rebekah Bina, 

Attorney Advisor, Investigations and 

Hearings Division, Enforcement Bureau, 

Federal Communications Commission, 445 

12th Street, S.W., Room 4–C330, Washington, 

DC 20554, with a copy to Michele Levy 

Berlove, Acting Assistant Chief, 

Investigations and Hearings Division, 

Enforcement Bureau, Federal 

Communications Commission, 445 12th 

Street, S.W., Room 4–C330, Washington, DC 

20554. You shall also transmit a copy of the 

response via email to Rebekah.Bina@fcc.gov 

and to Michele.Berlove@fcc.gov. 

If you have any questions, please contact 

Ms. Bina via mail, by telephone at (202) 418– 

7931 or by e-mail at Rebekah.Bina@fcc.gov. If 

Ms. Bina is unavailable, you may contact Ms. 

Michele Levy Berlove, Acting Assistant 

Chief, Investigations and Hearings Division, 

by telephone at (202) 418–1477 and by e-mail 

at Michele.Berlove@fcc.gov. 

Sincerely yours, 

Hillary S. DeNigro, 

Chief, Investigations and Hearings Division 

Enforcement Bureau. 

cc: Michael R. Pauze ́, Assistant United States 

Attorney, Department of Justice (via email) Kristy Carroll, Esq., Universal 

Service Administrative Company (via email) 

[FR Doc. E9–22962 Filed 9–22–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 09–2030] 

Notice of Debarment; Schools and 

Libraries Universal Service Support 

Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Enforcement Bureau (the 

‘‘Bureau’’) debars Mr. Steven Newton 

from the schools and libraries universal 

service support mechanism (or ‘‘E–Rate 

Program’’) for a period of three years 

based on his conviction of wire fraud, 

aiding and abetting, and collusion in 

connection with his participation in the 

program. The Bureau takes this action to 

protect the E–Rate Program from waste, 

fraud and abuse. 

DATES: Debarment commences on the 

date Mr. Steven Newton receives the 

debarment letter or September 23, 2009, 

whichever date comes first, for a period 

of three years. 

FOR FURTHER INFORMATION CONTACT: 

Rebekah Bina, Federal Communications 

Commission, Enforcement Bureau, 

Investigations and Hearings Division, 

Room 4–C330, 445 12th Street, SW., 

Washington, DC 20554. Rebekah Bina 

may be contacted by phone at (202) 

418–7931 or e-mail at 

Rebekah.Bina@fcc.gov. If Ms. Bina is 

unavailable, you may contact Michele 

Berlove, Acting Assistant Division 

Chief, Investigations and Hearings 

Division, by telephone at (202) 418– 

1420 and by e-mail at 

michele.berlove@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Bureau debarred Mr. Steven Newton 

from the schools and libraries universal 

service support mechanism for a period 

of three years pursuant to 47 CFR 54.8 

and 47 CFR 0.111. Attached is the 

debarment letter, DA 09–2030, which 

was mailed to Mr. Steven Newton and 

released on September 11, 2009. The 

complete text of the notice of debarment 

is available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portal II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

In addition, the complete text is 

available on the FCC’s Web site at 

http://www.fcc.gov. The text may also be 

purchased from the Commission’s 

duplicating inspection and copying 

during regular business hours at the 

contractor, Best Copy and Printing, Inc., 

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

CY–B420, Washington, DC 20554, 

telephone (202) 488–5300 or (800) 378– 

3160, facsimile (202) 488–5563, or via email http://www.bcpiweb.com. 

Federal Communications Commission. 

Hillary S. DeNigro, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau. 

September 11, 2009 

DA 09–2030 

VIA CERTIFIED MAIL RETURN RECEIPT 

REQUESTED 

Mr. Steven Newton, 35402 Paseo Viento, 

Capastrano Beach, California 92624–1837. 

Re: Notice of Debarment, File No. EB–08–IH– 

1928 

Dear Mr. Newton: Pursuant to section 54.8 

of the rules of the Federal Communications 

Commission (the ‘‘Commission’’), by this 

Notice of Debarment you are debarred from 

the schools and libraries universal service 

support mechanism (or ‘‘E–Rate program’’) 

for a period of three years.1

On July 14, 2009, the Enforcement Bureau 

(the ‘‘Bureau’’) sent you a Notice of 

Suspension and Initiation of Debarment 

Proceedings (the ‘‘Notice of Suspension’’).2

That Notice of Suspension was published in 

the Federal Register on July 22, 2009.3 The 

Notice of Suspension suspended you from 

participating in activities associated with or 

relating to the schools and libraries universal 

service support mechanism and described 

the basis for initiation of debarment 

proceedings against you, 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 

mstockstill on DSKH9S0YB1PROD with NOTICES