Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 48741 

22 47 CFR 54.8(a)(1), (d). 

23Second Report and Order, 18 FCC Rcd at 9226, 

para. 69; 47 CFR 54.8(e)(1). 

24 47 CFR 54.8(e)(4). 

25 Id. 

26 47 CFR 54.8(e)(5). 

27See Second Report and Order, 18 FCC Rcd at 

9226, para. 70; 47 CFR 54.8(e)(5), 54.8(f). 

28 ‘‘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, the high-cost 

support mechanism, the rural healthcare support 

mechanism, and the low-income support 

mechanism.’’ 47 CFR 54.8(c). Such activities 

‘‘include the receipt of funds or discounted services 

through [the Federal universal service] support 

mechanisms, or consulting with, assisting, or 

advising applicants or service providers regarding 

[the Federal universal service] support 

mechanisms.’’ 47 CFR 54.8(a)(1). 

29See Second Report and Order, 18 FCC Rcd at 

9226, para. 70; 47 CFR 54.8(e)(3). 

30Second Report and Order, 18 FCC Rcd at 9227, 

74. 

31See id., 18 FCC Rcd at 9226, para. 70; 47 CFR 

54.8(e)(5). 

32 47 CFR 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 CFR 54.8(f). 

33Second Report and Order, 18 FCC Rcd at 9225, 

para. 67; 47 CFR 54.8(d), 54.8(g). 

34 47 CFR 54.8(g). 

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.22 Your 

suspension becomes effective upon the 

earlier of your receipt of this letter or 

publication of notice in the Federal 

Register.23

Suspension is immediate pending the 

Bureau’s final debarment determination. 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. 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.24

Such requests, however, will not ordinarily 

be granted.25 The Bureau may reverse or 

limit the scope of suspension only upon a 

finding of extraordinary circumstances.26

Absent extraordinary circumstances, the 

Bureau will decide any request for reversal 

or modification of suspension within 90 days 

of its receipt of such request.27

II. Initiation of Debarment Proceedings 

Your conviction of 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 

debarment defined in section 54.8(c) of the 

Commission’s rules.28 Therefore, pursuant to 

section 54.8(a)(4) of the Commission’s rules, 

your conviction requires the Bureau to 

commence debarment proceedings against 

you. 

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.29

Absent extraordinary circumstances, the 

Bureau will debar you.30 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.31 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.32

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.33 The Bureau may, if 

necessary to protect the public interest, 

extend the debarment period.34

Please direct any response, if by messenger 

or hand delivery, to Marlene H. Dortch, 

Secretary, Federal Communications 

Commission, 236 Massachusetts Avenue, 

NE., Suite 110, Washington, DC 20002, to the 

attention of Rebekah Bina, Attorney Advisor, 

Investigations and Hearings Division, 

Enforcement Bureau, Room 4–C330, with a 

copy to Vickie Robinson, 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, SW., Room 4–C330, Washington, DC 

20554, with a copy to Vickie Robinson, 

Assistant Chief, Investigations and Hearings 

Division, Enforcement Bureau, Federal 

Communications Commission, 445 12th 

Street, SW., Room 4–C330, Washington, DC 

20554. You shall also transmit a copy of the 

response via e-mail to Rebekah.Bina@fcc.gov 

and to Vickie.Robinson@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. Vickie Robinson, Assistant Chief, 

Investigations and Hearings Division, by 

telephone at (202) 418–1420 and by e-mail at 

Vickie.Robinson@fcc.gov. 

Sincerely yours, 

Hillary S. DeNigro, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau. 

cc: Kristy Carroll, Esq., Universal Service 

Administrative Company (via e-mail) 

Dayle A. Elieson, U.S. Attorney’s Office, 

United States Department of Justice (via 

mail) 

[FR Doc. E9–22961 Filed 9–23–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 09–1916] 

Notice of Debarment; Schools and 

Libraries Universal Service Support 

Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Enforcement Bureau (the 

‘‘Bureau’’) debars Mr. Ruben B. 

Bohuchot from the schools and libraries 

universal service support mechanism 

(or ‘‘E–Rate Program’’) for a period of 

three years. The Bureau takes this action 

to protect the E–Rate Program from 

waste, fraud and abuse. 

DATES: Debarment commences on the 

date Mr. Ruben B. Bohuchot receives 

the debarment letter or September 24, 

2009, whichever date come 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 Ms. 

Michele Berlove, Acting Assistant Chief, 

Investigations and Hearings Division, by 

telephone at (202) 418–1420 and by email at michele.berlove@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Bureau debarred Mr. Ruben B. Bohuchot 

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 09–471, which 

was mailed to Mr. Ruben B. Bohuchot 

and released on February 26, 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 


srobinson on DSKHWCL6B1PROD with NOTICES
48742 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 

1See 47 CFR 0.111(a), 54.8. 

2Letter from Hillary S. DeNigro, Chief, 

Investigations and Hearings Division, Enforcement 

Bureau, Federal Communications Commission, to 

Mr. Ruben B. Bohuchot, Notice of Suspension and 

Initiation of Debarment Proceedings, 24 FCC Rcd 

2448 (Inv. & Hearings Div., Enf. Bur. 2009) 

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

Notice of Suspension, the Bureau referred to your 

frauds as being associated with E-Rate Funding 

Year 2002. See Notice of Suspension at 2448. The 

proper funding year associated with your fraud is 

E-Rate Program 6 and should be noted as Funding 

Year 2003. See United States v. Ruben B. Bohuchot. 

et al., Criminal Docket No. 3:07–CR–167–L–2, 

Indictment at 5 (N.D.Tex. filed May 22, 2007, and 

entered May. 24, 2007, under seal; unsealed May 

29, 2007). (‘‘DISD Indictment’’). 

3 74 FR 11722 Mar. 19, 2009. 

4See Notice of Suspension, 24 FCC Rcd at 2448– 

49. 

5See 47 CFR 54.8 (e)(3) and (4). That date 

occurred no later than April 20, 2009. See supra 

note 3. 

6See Notice of Suspension, 24 FCC Rcd at 2448. 

7See id. 

8 47 CFR 54.8(c). 

9See 47 CFR 54.8(g). See also Notice of 

Suspension, 24 FCC Rcd at 2449. 

10See 47 CFR 54.8(a)(1), 54.8(a)(5), 54.8(d); 

Notice of Suspension, 24 FCC Rcd at 2449. 

11See 18 U.S.C. §§ 371 (conspiracy to bribery 

involving federal programs), 666(a)(1)(B) and 2 

(bribery concerning programs receiving federal 

funds and aiding and abetting), 1512(c) (obstructing 

and impeding an official proceeding), and 1956(h) 

(conspiracy to launder monetary instruments) and 

26 U.S.C. § 7206(1) (false statements on a tax 

return). Any further reference in this letter to ‘‘your 

conviction’’ refers to your thirteen count 

conviction. United States v. Ruben B. Bohuchot, 

Criminal Docket No. 3:07–CR–00167–L–1, 

Judgment (N.D. Tex. filed Nov. 14, 2008 and 

entered Nov. 17, 2008; amended Nov. 25, 2008) 

(‘‘Ruben Bohuchot Judgment’’). 12 47 CFR § 54.8; 47 CFR § 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 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)). 

13See Second Report and Order, 18 FCC Rcd at 

9225, para. 66; Program Management Order, 22 FCC 

Rcd at 16387, para. 32. 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 CFR 54.8(a)(6). 

14See supra note 1. See also http://dallas.fbi.gov/ 

dojpressrel/pressrel08/dl111208.htm (accessed Dec. 

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. 

August 27, 2009 

DA 09–1916 

VIA CERTIFIED MAIL 

RETURN RECEIPT REQUESTED AND 

FACSIMILE (214) 767–2886 

Mr. Ruben B. Bohuchot, c/o Richard Alan 

Anderson, Federal Public Defender— 

Dallas, 525 Griffin Street, Suite 629, Dallas, 

TX 75202. 

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

5312 

Dear Mr. Bohuchot: 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 February 26, 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 March 19, 2009.3 The 

Notice of Suspension suspended you from 

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 in Texas 

sentenced you to serve eleven years in prison 

following your conviction of federal crimes, 

including conspiracy to commit bribery 

involving federal funds, conspiracy to 

launder monetary instruments, multiple 

counts of bribery involving federal funds, 

and other related offenses, in connection 

with your participation in the E-Rate 

program.6 Evidence at trial demonstrated 

that, in your position as the former Chief 

Technology Officer of the Dallas Independent 

School District (‘‘DISD’’), you participated in 

a bribery and money laundering scheme 

involving DISD technology projects, 

including a contract that involved E-Rate 

funds.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: Kristy Carroll, Esq., Universal Service 

Administrative Company (via e-mail) 

Dayle A. Elieson, U.S. Attorney’s Office, 

United States Department of Justice (via 

mail) 

Attachment 1 

February 26, 2009 

DA 09–471 

VIA CERTIFIED MAIL 

RETURN RECEIPT REQUESTED AND 

FACSIMILE (510–452–8405) 

Mr. Ruben B. Bohuchot, c/o Richard Alan 

Anderson, Federal Public Defender— 

Dallas, 525 Griffin Street, Suite 629, Dallas, 

TX 75202. 

Re: Notice of Suspension and Initiation of 

Debarment Proceedings, File No. EB–08– 

IH–5312 

Dear Mr. Bohuchot: The Federal 

Communications Commission (‘‘FCC’’ or 

‘‘Commission’’) has received notice of your 

conviction of federal crimes, including 

conspiracy to commit bribery, conspiracy to 

launder monetary instruments, multiple 

counts of bribery concerning programs 

receiving federal funds, obstruction of justice 

and making false statements on tax returns, 

in connection with your participation in the 

schools and libraries universal service 

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

Consequently, pursuant to 47 CFR § 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 12, 2008, the United States District 

Court in Texas sentenced you to serve eleven 

years in prison following your conviction of 

federal crimes, including conspiracy to 

commit bribery involving federal funds, 

conspiracy to launder monetary instruments, 

multiple counts of bribery involving federal 

funds, and other related offenses in 

connection with your participation in the ERate program.14 In addition, you and a coVerDate Nov<24>2008 16:27 Sep 23, 2009 Jkt 217001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\24SEN1.SGM 24SEN1

srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 48743 

8, 2008) (‘‘DOJ November 12, 2008 Ruben Bohuchot 

Press Release’’); Ruben Bohuchot Judgment at 1–2. 

15See DOJ November 12, 2008 Ruben Bohuchot 

Press Release; Ruben Bohuchot Judgment at 2 and 

8. 

16See United States v. Ruben B. Bohuchot. et al., 

Criminal Docket No. 3:07–CR–167–L–2, Indictment 

at 1,5–6,15 (N.D. Tex. filed May 22, 2007, and 

entered May 24, 2007, under seal; unsealed May 29, 

2007). (‘‘DISD Indictment’’); see also DOJ November 

12, 2008 Ruben Bohuchot Press Release. 

17 In a separate letter, we also serve notice of 

suspension and initiation of debarment proceedings 

to Frankie Logyang Wong for his role in the DISD 

bribery and money laundering scheme, pursuant to 

his conviction. See Letter from Hillary S. DeNigro, 

Chief Investigations and Hearings Division, 

Enforcement Bureau, to Frankie Logyang Wong, 

Notice of Suspension and Initiation of Debarment 

Proceedings, DA 09–473 (Inv. & Hearings Div., Enf. 

Bur. Feb. 26, 2009). MSE operated as a computer 

reseller firm providing computer products and 

services to large corporations and school districts. 

See DISD Indictment at 2. 

18See DISD Indictment at 5–6; DOJ November 12, 

2008 Ruben Bohuchot Press Release. MSE was able 

to obtain two contracts with DISD worth 

approximately $120 million as a result of 

information that Mr. Wong received from Mr. 

Bohuchot. DISD Indictment at 2–4. In this 

proceeding, we only address the contract involving 

E-Rate services. 

19 DISD Indictment at 4–5, 7–21; DOJ November 

12, 2008 Ruben Bohuchot Press Release. 

20 DISD Indictment at 6. Based on a winning bid 

proposal prepared utilizing information that Mr. 

Wong received from Mr. Bohuchot, MSE received 

at least $4 million as a subcontractor under another 

contract with DISD. See DISD Indictment at 4; DOJ 

November 12, 2008 Ruben Bohuchot Press Release 

at 2. 

21 47 CFR 54.8(a)(4). See Second Report and 

Order, 18 FCC Rcd at 9225–9227, paras. 67–74. 

22 47 CFR 54.8(a)(1), (d). 

23Second Report and Order, 18 FCC Rcd at 9226, 

para. 69; 47 CFR 54.8(e)(1). 

24 47 CFR 54.8(e)(4). 

25 Id. 

26 47 CFR 54.8(e)(5). 

27See Second Report and Order, 18 FCC Rcd at 

9226, para. 70; 47 CFR 54.8(e)(5), 54.8(f). 

28 ‘‘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, the high-cost 

support mechanism, the rural healthcare support 

mechanism, and the low-income support 

mechanism.’’ 47 CFR 54.8(c). Such activities 

‘‘include the receipt of funds or discounted services 

through [the Federal universal service] support 

mechanisms, or consulting with, assisting, or 

advising applicants or service providers regarding 

[the Federal universal service] support 

mechanisms.’’ 47 CFR 54.8(a)(1). 

29See Second Report and Order, 18 FCC Rcd at 

9226, para. 70; 47 CFR 54.8(e)(3). 

30Second Report and Order, 18 FCC Rcd at 9227, 

para. 74. 

31See id., 18 FCC Rcd at 9226, para. 70; 47 CFR 

54.8(e)(5). 

32 47 CFR 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 CFR 54.8(f). 

33Second Report and Order, 18 FCC Rcd at 9225, 

para. 67; 47 CFR 54.8(d), 54.8(g). 

34 47 CFR 54.8(g). 

conspirator will have to forfeit approximately 

$1 million as a result of your conviction.15

As the former Chief Technology Officer of 

the Dallas Independent School District 

(‘‘DISD’’), you were in charge of procuring 

technology contracts for DISD. In this 

position, you participated in a bribery and 

money laundering scheme involving DISD 

technology projects, including a contract that 

involved E-Rate funds for Funding Year 2002 

(‘‘E-Rate FY 2002 Contract’’).16 Specifically, 

you provided assistance to the efforts of your 

co-defendant, Frankie Logyang Wong (‘‘Mr. 

Wong’’), former co-owner and president of 

Micro Systems Engineering, Inc. (‘‘MSE’’),17

which enabled MSE to obtain a contract to 

provide E-Rate services to DISD.18 In 

exchange for your role in helping MSE obtain 

the E-Rate FY 2002 Contract, you received 

bribes that included extensive access to and 

control of large sports-fishing vessels, 

payment for numerous vacations and various 

entertainment services, and cash that you 

attempted to disguise as repayments from 

another individual for living expenses.19

MSE received at least $35 million in 

aggregate revenue from DISD and the 

Universal Service Administrative Company 

as a result of its participation in the DISD ERate FY 2002 Contract.20

Pursuant to section 54.8(a)(4) of the 

Commission’s rules,21 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.22 Your 

suspension becomes effective upon the 

earlier of your receipt of this letter or 

publication of notice in the Federal 

Register.23

Suspension is immediate pending the 

Bureau’s final debarment determination. 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. 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.24

Such requests, however, will not ordinarily 

be granted.25 The Bureau may reverse or 

limit the scope of suspension only upon a 

finding of extraordinary circumstances.26

Absent extraordinary circumstances, the 

Bureau will decide any request for reversal 

or modification of suspension within 90 days 

of its receipt of such request.27

II. Initiation of Debarment Proceedings 

Your conviction of 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 

debarment defined in section 54.8(c) of the 

Commission’s rules.28 Therefore, pursuant to 

section 54.8(a)(4) of the Commission’s rules, 

your conviction requires the Bureau to 

commence debarment proceedings against 

you. 

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.29

Absent extraordinary circumstances, the 

Bureau will debar you.30 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.31 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.32

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.33 The Bureau may, if 

necessary to protect the public interest, 

extend the debarment period.34

Please direct any response, if by messenger 

or hand delivery, to Marlene H. Dortch, 

Secretary, Federal Communications 

Commission, 236 Massachusetts Avenue, 

NE., Suite 110, Washington, DC 20002, to the 

attention of Rebekah Bina, Attorney Advisor, 

Investigations and Hearings Division, 

Enforcement Bureau, Room 4–C330, with a 

copy to Vickie Robinson, 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, SW., Room 4–C330, Washington, DC 

20554, with a copy to Vickie Robinson, 

Assistant Chief, Investigations and Hearings 

Division, Enforcement Bureau, Federal 

Communications Commission, 445 12th 

Street, SW., Room 4–C330, Washington, DC 

20554. You shall also transmit a copy of the 

response via e-mail to Rebekah.Bina@fcc.gov 

and to Vickie.Robinson@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. Vickie Robinson, Assistant Chief, 

Investigations and Hearings Division, by 

telephone at (202) 418–1420 and by e-mail at 

Vickie.Robinson@fcc.gov. 

Sincerely yours, 

Hillary S. DeNigro, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau. 


srobinson on DSKHWCL6B1PROD with NOTICES
48744 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 

cc: Kristy Carroll, Esq., Universal Service 

Administrative Company (via e-mail) 

Dayle A. Elieson, U.S. Attorney’s Office, 

United States Department of Justice (via 

mail). 

[FR Doc. E9–22968 Filed 9–23–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[MB Docket No. 08–214; DA 09–1855] 

Herring Broadcasting, Inc. v. Time 

Warner Cable Inc., et al. 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: This document clarifies that 

parties are entitled to file exceptions to 

the recommended decision of the 

Administrative Law Judge in the 

proceedings listed in the 

SUPPLEMENTARY INFORMATION. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact David Konczal, 

David.Konczal@fcc.gov, of the Media 

Bureau, Policy Division, (202) 418– 

2120. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Order, DA 09–1855, 

adopted and released on August 31, 

2009. The full text of this document is 

available for public inspection and 

copying during regular business hours 

in the FCC Reference Center, Federal 

Communications Commission, 445 12th 

Street, SW., CY–A257, Washington, DC 

20554. This document will also be 

available via ECFS (http://www.fcc.gov/ 

cgb/ecfs/). (Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat.) The complete text 

may be purchased from the 

Commission’s copy contractor, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis of the Order 

1. On October 10, 2008, the Media 

Bureau issued a Memorandum Opinion 

and Hearing Designation Order 

(‘‘HDO’’) referring the above-captioned 

matters to an Administrative Law Judge 

for recommended decisions. 73 FR 

65312, November 3, 2008. In the HDO, 

the Media Bureau directed an ALJ to 

resolve the factual disputes with respect 

to the claims in each of the abovecaptioned cases and to ‘‘return a 

recommended decision and a 

recommended remedy, if necessary, to 

the Commission * * *.’’ See id. at 

65327–28. The HDO also stated that, 

upon receipt of the ALJ’s recommended 

decision and remedy, the Commission 

would make the requisite legal 

determinations and decide upon 

appropriate remedies, if necessary. See 

id. The HDO failed to specify whether 

parties are entitled to file exceptions to 

the ALJ’s recommended decision. We 

issue this Order, sua sponte, to remove 

uncertainty surrounding this issue and 

clarify that parties are entitled to file 

exceptions to the ALJ’s recommended 

decision. We direct parties that choose 

to file exceptions to comply with the 

procedures and deadlines set forth in 

Sections 1.276 and 1.277 of the 

Commission’s rules. Sections 1.276 and 

1.277 of the Commission’s rules pertain 

to appeal and review of initial 

decisions. See 47 CFR 1.276, 1.277. As 

applied here, these rules allow parties to 

file exceptions to or briefs in support of 

the ALJ’s recommended decision within 

30 days after public release of the full 

text of the recommended decision. See 

47 CFR 1.276(a). These rules also 

provide that parties may file reply briefs 

within ten days after the time for filing 

exceptions has expired. See 47 CFR 

1.277(c). 

2. Accordingly, It is ordered, pursuant 

to Sections 4(i), 4(j), and 409(b) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 154(j), and 

409(b), and Section 1.2 of the 

Commission’s rules, 47 CFR 1.2, that 

parties in the below-captioned matters 

may file exceptions to the ALJ’s 

recommended decision pursuant to the 

procedures set forth herein. 

3. It is further ordered that all parties 

to the below-captioned proceedings will 

be served with a copy of this Order by 

e-mail and by certified mail, return 

receipt requested. 

4. It is further ordered that a copy of 

this Order, or a summary thereof, Shall 

Be Published in the Federal Register. 

5. This action is taken pursuant to 

delegated authority pursuant to Section 

0.283 of the Commission’s rules. See 47 

CFR 0.283. 

Herring Broadcasting, Inc. d/b/a 

WealthTV, Complainant v. Time 

Warner Cable Inc., Defendant; File 

No. CSR–7709–P 

Herring Broadcasting, Inc. d/b/a 

WealthTV, Complainant v. Bright 

House Networks, LLC, Defendant; File 

No. CSR–7822–P 

Herring Broadcasting, Inc. d/b/a 

WealthTV, Complainant v. Cox 

Communications, Inc., Defendant; 

File No. CSR–7829–P 

Herring Broadcasting, Inc. d/b/a 

WealthTV, Complainant v. Comcast 

Corporation, Defendant; File No. 

CSR–7907–P 

TCR Sports Broadcasting Holding, 

L.L.P., d/b/a Mid-Atlantic Sports 

Network, Complainant v. Comcast 

Corporation, Defendant; File No. 

CSR–8001–P 

Federal Communications Commission. 

William T. Lake, 

Chief, Media Bureau. 

[FR Doc. E9–22828 Filed 9–23–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0029] 

Federal Acquisition Regulation; 

Submission for OMB Review; 

Extraordinary Contractual Action 

Requests 

AGENCY: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice of request for comments 

regarding an extension to an existing 

OMB clearance (9000–0029). 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the Federal 

Acquisition Regulation (FAR) 

Secretariat will be submitting to the 

Office of Management and Budget 

(OMB) a request to review and approve 

an extension of a currently approved 

information collection requirement 

concerning extraordinary contractual 

action requests. A request for public 

comments was published at 74 FR 

32165, July 7, 2009. No comments were 

received. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary for the proper 

performance of functions of the FAR, 

and whether it will have practical 

utility; whether our estimate of the 

public burden of this collection of 

information is accurate, and based on 

valid assumptions and methodology; 

ways to enhance the quality, utility, and 


srobinson on DSKHWCL6B1PROD with NOTICES