Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Notices 13321 

FOR FURTHER INFORMATION CONTACT: 

Judith B. Herman, Office of Managing 

Director, FCC, at 202–418–0214. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0986. 

Title: Competitive Carrier Line Count 

Report and Self-Certification as a Rural 

Carrier. 

Form No.: N/A. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit, not-for-profit institutions and 

state, local or tribal government. 

Number of Respondents: 4,934 

respondents; 5,048 responses. 

Estimated Time per Response: .50 

hours to 80 hours. 

Frequency of Response: On occasion, 

annual and quarterly reporting 

requirements, and third party disclosure 

requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in 47 U.S.C. sections 151– 

154, 201–206, 214, 218–220, 251, 252, 

254, 256, 303(r), 332, 403, 405, and 410. 

Total Annual Burden: 163,435 hours. 

Total Annual Cost: N/A. 

Privacy Act Impact Assessment: N/A. 

Nature and Extent of Confidentiality: 

The Commission is not requesting that 

respondents submit confidential 

information to the Commission. We note 

that the Universal Service 

Administrative Company (USAC), who 

administers the Universal Service 

program, must preserve the 

confidentiality of all data obtained from 

respondents and contributors to the 

universal service support program 

mechanism; must not use the data 

except for purposes of administering the 

universal service support program; and 

must not disclose data in companyspecific form unless directed to do so by 

the Commission. 

Needs and Uses: The Commission 

will submit this revised information 

collection to the Office of Management 

and Budget (OMB) during this 30 day 

comment period in order to obtain the 

full three year clearance from them. 

In November 2011, the Commission 

adopted a Report and Order, FCC 11– 

161, Connect America Fund; A National 

Broadband Plan for Our Future; 

Establish Just and Reasonable Rates for 

Local Exchange Carriers; High-Cost 

Universal Service Support; Developing a 

Unified Intercarrier Compensation 

Regime; Federal-State Joint Board on 

Universal Service; Life-line and LinkUp; and Universal Service Reform— 

Mobility Fund. This revision addresses 

several reforms adopted in the Report 

and Order. The Commission plans to 

submit additional revisions or new 

collections for OMB review and 

approval to address other reforms 

adopted in the Order at a later date. 

During the review process, it was 

determined that the reporting 

requirements under OMB Control 

Number 3060–0894 should be 

eliminated. The Order eliminated the 

rate comparability review and 

certification, as well as the certification 

letter accounting for receipt of federal 

support in OMB Control Number 3060– 

0894 was duplicative of the certification 

pursuant to section 254(e) of the Act. 

Upon OMB approval of this revised 

information collection, the Commission 

will voluntarily discontinue OMB 

Control Number 3060–0894. 

The Order also moved the 

recordkeeping requirement from 47 CFR 

section 54.202(e) to new 47 CFR section 

54.320. The Commission is deleting this 

recordkeeping requirement from the 

information collections in OMB Control 

Numbers 3060–1081 and 3060–0774. 

The Order provides: 

(1) That existing high-cost support for 

price cap incumbent local exchange 

carriers will be frozen at the 2011 levels. 

(2) Adopts a rule to reduce, dollar-fordollar, a carrier’s high-cost loop support 

(for rate of return carriers) or Connect 

America Fund Phase I frozen high-cost 

support (for price cap carriers) to the 

extent that the carrier’s local end user 

rate plus state regulated fees do not 

meet a specified urban rate floor. 

(3) Modifies section 54.307; 

(4) Revises the certifications that 

states (or ETCs that are not subject to 

state jurisdiction) are required to file 

annually with the Commission and 

USAC to ensure that carriers use 

universal service support ‘‘only for the 

provision, maintenance and upgrading 

of facilities and services for which the 

support is intended’’ consistent with 

section 254(e) of the Act; 

(5) Eliminates the eligibility for Safety 

Net Additive support for costs incurred 

after 2009; 

(6) Eliminates the distinction between 

‘‘rural’’ and ‘‘non-rural’’ carriers. 

(7) Moves the recordkeeping 

requirement from 47 CFR 54.202(e) to 

new section 47 CFR 54.320. 

(8) Extends current federal annual 

reporting requirements to all ETCs, 

including those designated by states. 

The Commission will use the 

information requirements to determine 

whether and to what extent incumbent 

LECs and competitive ETCs providing 

the data are eligible to receive universal 

service support. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary, Office of 

Managing Director. 

[FR Doc. 2012–5360 Filed 3–5–12; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 12–212] 

Notice of Debarment 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Enforcement Bureau (the 

‘‘Bureau’’) debars Mr. Jeremy R. Sheets 

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. Jeremy R. Sheets receives the 

debarment letter or April 5, 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 

Joy.Ragsdale@fcc.gov. 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 

Theresa.Cavanaugh@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Bureau debarred Mr. Jeremy R. Sheets 

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 

12–212, which was mailed to Mr. 

Jeremy R. Sheets and released on 

February 14, 2012. 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 


pmangrum on DSK3VPTVN1PROD with NOTICES
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 


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