[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1688-1689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-348]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[DA 11-2022]


Notice of Debarment

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Enforcement Bureau (the ``Bureau'') debars Mr. Tyrone D. 
Pipkin 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. Tyrone D. Pipkin receives 
the debarment letter or February 10, 2012, whichever date comes first, 
for a period of three years.

FOR FURTHER INFORMATION CONTACT: Joy M. Ragsdale, Federal 
Communications Commission, Enforcement Bureau, Investigations and 
Hearings Division, Room 4-A236, 445 12th Street SW., Washington, DC 
20554. Joy Ragsdale may be contacted by phone at (202) 418-1697 or by 
email at <a href="/cdn-cgi/l/email-protection#6a20051344380b0d190e0b060f2a0c0909440d051c"><span class="__cf_email__" data-cfemail="83c9ecfaadd1e2e4f0e7e2efe6c3e5e0e0ade4ecf5">[email protected]</span></a>. If Ms. Ragsdale is unavailable, you may 
contact Ms. Terry Cavanaugh, Acting Chief, Investigations and Hearings 
Division, by telephone at (202) 418-1420 and by email at 
<a href="/cdn-cgi/l/email-protection#cd99a5a8bfa8beace38eacbbaca3acb8aaa58dabaeaee3aaa2bb"><span class="__cf_email__" data-cfemail="83d7ebe6f1e6f0e2adc0e2f5e2ede2f6e4ebc3e5e0e0ade4ecf5">[email protected]</span></a>.

[[Page 1689]]


SUPPLEMENTARY INFORMATION: The Bureau debarred Mr. Tyrone D. Pipkin 
from the schools and libraries universal service support mechanism for 
a period of three years pursuant to 47 CFR 54.8. Attached is the 
debarment letter, DA 11-2022, which was mailed to Mr. Tyrone D. Pipkin 
and released on December 15, 2011. 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.
Theresa Z. Cavanaugh,
Acting Chief, Investigations and Hearings Division, Enforcement Bureau.
    The debarment letter follows:

December 15, 2011

DA 11-2022

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED AND E-MAIL

Mr. Tyrone D. Pipkin
c/o Mr. Walter Francis Becker, Jr.
Chaffe McCall LLP
Energy Centre
1100 Poydras St., Suite 2300
New Orleans, LA 70163-2300

Re: Notice of Debarment
    File No. EB-11-IH-1071

Dear Mr. Pipkin:

    The Federal Communications Commission (Commission) hereby 
notifies you that, pursuant to Section 54.8 of its rules, you are 
prohibited from participating in the schools and libraries universal 
service support mechanism (E-Rate program) for three years from 
either the date of your receipt of this Notice of Debarment, or of 
its publication in the Federal Register, whichever is earlier in 
time (Debarment Date).\1\
---------------------------------------------------------------------------

    \1\ 47 CFR 54.8(g) (2010). See also 47 CFR 0.111 (delegating 
authority to the Enforcement Bureau to resolve universal service 
suspension and debarment proceedings).
---------------------------------------------------------------------------

    On August 17, 2011, the Commission's Enforcement Bureau (Bureau) 
sent you a Notice of Suspension and Initiation of Debarment 
Proceeding (Notice of Suspension) \2\ that was published in the 
Federal Register on September 2, 2011.\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 initiating debarment 
proceedings against you, the applicable debarment procedures, and 
the effect of debarment.\4\
---------------------------------------------------------------------------

    \2\ Letter from Theresa Z. Cavanaugh, Acting Chief, 
Investigations and Hearings Division, Enforcement Bureau, Federal 
Communications Commission to Tyrone D. Pipkin, Notice of Suspension 
and Initiation of Debarment Proceeding, DA 11-1424, 26 FCC Rcd 11389 
(Inv. & Hearings Div., Enf. Bur. 2011).
    \3\ 76 FR 54768 (September 2, 2011).
    \4\ Supra note 2.
---------------------------------------------------------------------------

    As discussed in the Notice of Suspension, you and others 
conspired to control the E-Rate application and implementation 
process for several schools located in four states.\5\ Specifically, 
you obstructed the open competitive bidding process by paying school 
officials $79,382 in bribes and kickbacks to ensure more than $1.4 
million in E-Rate contracts would be steered to your company, Global 
Networking Technologies, Inc.\6\ For your role in the conspiracy, 
you were sentenced to serve one year and one day in federal prison, 
followed by two years of supervised release for federal crimes in 
connection with your participation in a scheme to defraud the E-Rate 
program.\7\ The court ordered you to pay a $6,000 criminal fine in 
addition to your sentence.\8\ Pursuant to Section 54.8(c) of the 
Commission's rules, your conviction of criminal conduct in 
connection with the E-Rate program serves as a basis for your 
debarment.\9\
---------------------------------------------------------------------------

    \5\ Notice of Suspension, 26 FCC Rcd at 11390.
    \6\ Id.
    \7\ See United States v. Tyrone D. Pipkin, Criminal Case Nos. 
10-325 and 11-15 ``A'', Judgment (E.D. La. filed June 21, 2011).
    \8\ Notice of Suspension, 26 FCC Rcd at 11391.
    \9\ 47 CFR 54.8(c).
---------------------------------------------------------------------------

    In accordance with the Commission's debarment rules, you were 
required to file with the Commission any opposition to your 
suspension or its scope, or to your proposed debarment or its scope, 
no later than 30 calendar days from either the date of your receipt 
of the Notice of Suspension or of its publication in the Federal 
Register, whichever date occurs first.\10\ The Commission did not 
receive any such opposition.
---------------------------------------------------------------------------

    \10\  47 CFR 54.8 (e)(3), (4). Any opposition had to be filed no 
later than September 16, 2011.
---------------------------------------------------------------------------

    For the foregoing reasons, you are debarred for three years from 
the Debarment Date.\11\ During this debarment period, you are 
excluded from participating in any activities associated with or 
related to the E-Rate program, 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\
---------------------------------------------------------------------------

    \11\  47 CFR 54.8(e)(5), (g).
    \12\  47 CFR 54.8(a)(1), (5), (d).
---------------------------------------------------------------------------

    Sincerely,

Theresa Z. Cavanaugh
Acting Chief
Investigations and Hearings Division
Enforcement Bureau

cc: Johnnay Schrieber, Universal Service Administrative Company (via 
email)
    Rashann Duvall, Universal Service Administrative Company (via 
email)
    Juan Rodriguez, Antitrust Division, United States Department of 
Justice (via email)
    Marvin Opotowsky, Antitrust Division, United States Department 
of Justice (via email)

[FR Doc. 2012-348 Filed 1-10-12; 8:45 am]
BILLING CODE 6712-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>