13322 Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Notices 

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). 2Letter from Theresa Z. Cavanaugh, Acting Chief, 

Investigations and Hearings Division, Enforcement 

Bureau, Federal Communications Commission, to 

Jeremy R. Sheets, Notice of Suspension and 

Initiation of Debarment Proceeding, DA 11–1733, 26 

FCC Rcd 14408 (Inv. & Hearings Div., Enf. Bur. 

2011) (Attachment 1). 

3 76 Fed. Reg. 68760 (Nov. 7, 2011). 

4Notice of Suspension, 26 FCC Rcd at 14409. 

5 Id. 

6 Id. 

7 Id. 

8See United States v. Jeremy R. Sheets, Criminal 

Case No. 1:10–cr–380, Judgment (W.D. Mi. 2011). 

9 Id. A condition of your supervised release 

includes forfeiting all monetary claims pending 

under contract with other E–Rate school applicants. 

Telephone Conversation with Jason Turner, Lead 

Counsel, Dep’t of Justice, Antitrust Division (Aug. 

10, 2011). 

10Supra note 5. 

11 47 CFR 54.8(c). 

12 Id. § 54.8(e)(3), (4). Any opposition had to be 

filed no later than November 17, 2011. 

13 Id. § 54.8(e)(5), (g). 14 47 CFR § 54.8(a)(1), (5), (d). 

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: 

February 14, 2012 

DA 12–212 

VIA CERTIFIED MAIL RETURN 

RECEIPT REQUESTED AND E-MAIL 

Mr. Jeremy R. Sheets 

c/o Mr. Martin E. Crandall 

Clark Hill PLC 

500 Woodward Ave., Suite 3500 

Detroit, MI 48226–3435 

Re: Notice of Debarment 

File No. EB–11–IH–1122 

Dear Mr. Sheets: 

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

On October 18, 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 November 7, 2011.3 The Notice of 

Suspension suspended you from 

participating in activities associated 

with or relating to the E-Rate program 

and described the basis for initiating 

debarment proceedings against you, the 

applicable debarment procedures, and 

the effect of debarment. 

As discussed in the Notice of 

Suspension, as president and co-owner 

of CMS Internet LLC (CMS), you 

devised and participated in a scheme to 

defraud the E-Rate program, which 

resulted in a loss to the program of up 

to $70,000.4 Specifically, you made 

materially false representations that 

induced two school districts to steer Erate contracts to CMS; and you paid the 

school applicants’ share of E–Rate 

expenses with purported ‘‘donations’’ 

and ‘‘leasing payments.’’ 5 Furthermore, 

you failed to disclose that you 

purchased ineligible goods and services 

with E–Rate funds.6 Finally, you 

obstructed a 2007 federal grand jury 

investigation by instructing a CMS 

employee to testify falsely about 

receiving gifts and to destroy computer 

records.7 As a result of your conviction 

for wire fraud, the United States District 

Court for the Western District of 

Michigan sentenced you to serve 15 

months in federal prison, followed by 

two years of supervised release for 

defrauding the E–Rate program.8 The 

court also prohibited you from ‘‘having 

any involvement with any governmentbacked or federally-regulated programs 

during the course of supervision.’’ 9 The 

court ordered you to pay a $12,000 

criminal fine in addition to paying 

Universal Service Administration 

Company (USAC) $115,534 in 

restitution.10 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.11

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 occurred first.12 The 

Commission did not receive any such 

opposition. 

For the foregoing reasons, you are 

debarred from participating in the E– 

Rate program for three years from the 

Debarment Date.13 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 E– 

Rate program, or consulting with, 

assisting, or advising applicants or 

service providers regarding the E–Rate 

program.14

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) 

Jason C. Turner, Antitrust Division, 

United States Department of Justice 

(via email) Jennifer M. Dixton, 

Antitrust Division, United States 

Department of Justice (via email) 

Meagan D. Johnson, Antitrust 

Division, United States Department of 

Justice (via email) 

[FR Doc. 2012–5409 Filed 3–5–12; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[CG Docket No. 12–39; DA 12–220] 

Termination of Dormant Proceedings 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: In this document, the 

Commission, via the Consumer and 

Governmental Affairs Bureau (CGB), 

seeks comment on whether certain 

docketed Commission proceedings 

should be terminated as dormant. The 

Commission’s procedural rules, which 

were revised to streamline and improve 

the agency’s docket management 

practices, delegate authority to the 

Chief, CGB to periodically review all 

open dockets and, in consultation with 

the responsible Bureaus or Offices, to 

identify those dockets that appear to be 

candidates for termination. 

DATES: Comments are due on or before 

April 5, 2012, and reply comments are 

due on or before April 20, 2012. 

ADDRESSES: Interested parties may 

submit comments, identified by [CG 

Docket No. 12–39], by any of the 

following methods: 

D Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the Commission’s Electronic 

Comment Filing System (ECFS) at 

http://fjallfoss.fcc.gov/ecfs2/. Filers 

should follow the instructions provided 

on the Web site for submitting 

comments. In completing the transmittal 

screen, ECFS filers should include their 

full name, U.S. Postal Service mailing 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Notices 13323 

address, and the applicable docket or 

rulemaking number, which in this 

instance is CG Docket No. 12–39. 

D Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. Filings can be 

sent by hand or messenger delivery, by 

commercial overnight courier, or by 

first-class or overnight U.S. Postal 

Service mail. All filings must be 

addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

D All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th Street SW., Room TW–A325, 

Washington, DC 20554. The filing hours 

are 8 a.m. to 7 p.m. All hand deliveries 

must be held together with rubber bands 

or fasteners. Any envelopes and boxes 

must be disposed of before entering the 

building. 

D 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, Express, and Priority mail must be 

addressed to 445 12th Street SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Dorothy Stifflemire, Consumer and 

Governmental Affairs Bureau at (202) 

418–7349 or by email at 

Dorothy.Stifflemire@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Public 

Notice, Consumer and Governmental 

Affairs Bureau Seeks Comment on 

Termination of Certain Proceedings as 

Dormant, document DA 12–220, 

released on February 15, 2012 in CG 

Docket No. 12–39. 

The full text of document DA 12–220 

and copies of any subsequently filed 

documents in this matter will be 

available for public inspection and 

copying via ECFS, and during regular 

business hours at the FCC Reference 

Information Center, Portals II, 445 12th 

Street SW., Room CY–A257, 

Washington, DC 20554. Copies may also 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., Portals II, 445 12th Street 

SW., Room CY–B402, Washington, DC 

20554, telephone (800) 378–3160, fax: 

(202) 488–5563, or Internet: 

www.bcpiweb.com. Document DA 12– 

220 can also be downloaded in Word or 

Portable Document Format (PDF) at: 

http://transition.fcc.gov/Daily_Releases/ 

Daily_Business/2012/db0216/DA-12- 

220A1.doc. The spreadsheet associated 

with document DA 12–220 listing the 

proceedings proposed for termination 

for dormancy is available in Excel or 

Portable Document Format at 

http://transition.fcc.gov/Daily_Releases/ 

Daily_Business/2012/db0215/DA-12- 

220A2.xls. 

Pursuant to 47 CFR 1.415 and 1.419, 

interested parties may file comments 

and reply comments on or before the 

respective dates indicated in the DATES

section of this document. 

Pursuant to 47 CFR 1.1200 et seq., this 

matter shall be treated as a ‘‘permit-butdisclose’’ proceeding in accordance 

with the Commission’s ex parte rules. 

Persons making ex parte presentations 

must file a copy of any written 

presentation or a memorandum 

summarizing any oral presentation 

within two business days after the 

presentation (unless a different deadline 

applicable to the Sunshine period 

applies). Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with rule 

1.1206(b). 

In proceedings governed by rule 

1.49(f) or for which the Commission has 

made available a method of electronic 

filing, written ex parte presentations 

and memoranda summarizing oral ex 

parte presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to 

fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

(202) 418–0530 (voice) or (202) 418– 

0432 (TTY). 

Synopsis: On February 4, 2011, the 

Commission released document FCC 

11–16, Amendment of Certain of the 

Commission’s Part 1 Rules of Practice 

and Procedure and Part 0 Rules of 

Commission Organization, Report and 

Order, 76 FR 24383, May 2, 2011, which 

revised portions of its Part 1—Practice 

and Procedure and Part 0— 

Organizational rules. 

The revised rules, in part, delegate 

authority to the Chief, CGB to 

periodically review all open dockets 

and, in consultation with the 

responsible Bureaus or Offices, to 

identify those dockets that appear to be 

candidates for termination. These 

candidates include dockets in which no 

further action is required or 

contemplated, as well as those in which 

no pleadings or other documents have 

been filed for several years. However, 

the Commission specified that 

proceedings in which petitions 

addressing the merits are pending 

should not be terminated absent the 

parties’ consent. The termination of a 

dormant proceeding also includes 

dismissal as moot of any pending 

petition, motion, or other request for 

relief that is procedural in nature or 

otherwise does not address the merits of 

the proceeding. 

Prior to the termination of any 

particular proceeding, the Commission 

was directed to issue a Public Notice 

identifying the dockets under 

consideration for termination and 

affording interested parties an 

opportunity to comment. Thus, CGB has 

identified the dockets for possible 

termination in document DA 12–220. 

http://transition.fcc.gov/Daily_Releases/ 

Daily_Business/2012/db0215/DA-12- 

220A2.xls 

Federal Communications Commission. 

Kris Monteith, 

Acting Chief, Consumer and Governmental 

Affairs Bureau. 

[FR Doc. 2012–5410 Filed 3–5–12; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisitions of Shares of a Bank or 

Bank Holding Company 

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 shares of a bank 

or bank holding company. The factors 

that are considered in acting on the 


pmangrum on DSK3VPTVN1PROD with NOTICES