Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Communications Commission

          - [DA 12-409]

# AGENCY:

Federal Communications Commission.

# ACTION:

Notice.

# SUMMARY:

The Enforcement Bureau (the “Bureau”) debars Mr. Dennis L. Bruno 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. Dennis L. Bruno receives the debarment letter May 18, 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. Theresa 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. Dennis L. Bruno 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 12-409, which was mailed to Mr. Dennis L. Bruno and released on March 15, 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 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.

#### March 15, 2012

DA 12-409

## VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED AND E-MAIL

Dr. Dennis L. Bruno,

*c/o Mr. Arthur T. McQuillan, McQuillan Law Offices, 206 Main Street, Johnstown, PA 15901.*

Re: Notice of Debarment, File No. EB-11-IH-1582

Dear Dr. Bruno:

                        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 November 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 30, 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, on May 9, 2011, you pled guilty to intentionally misappropriating approximately $49,600 in federal education funds from the Department of Education's Fund for the Improvement of Education program in your capacity as Superintendent of the Glendale School District.[4]                                                  Additionally, you admitted and stipulated in a plea agreement that you had conspired with others to fraudulently obtain $414,421.92 from the E-Rate program.[5]                                                  Pursuant to Section 54.8(c) of the Commission's rules, your conviction of criminal conduct in connection with the E-Rate program is the basis for your debarment.[6] 
      ( print page 23248)    
                        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.[7]                                                  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.[8]                                                  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.[9] 

**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) Stephanie L. Haines, United States Attorney's Office, Western Pennsylvania (via email) 

# Footnotes

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

2.                                 Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Dr. Dennis L. Bruno, Notice of Suspension and Initiation of Debarment Proceeding, 26 FCC Rcd 16006 (Enf. Bur. 2011) (Attachment 1).                        
        Back to Citation      

3.                                 76 FR 74058 (Nov. 30, 2011).                        
        Back to Citation      

4.                                                             *United States*                             v.                             *Dennis L. Bruno,*                             Criminal Docket No. 11-15 J, Arraignment Plea; United States Attorney's Office, Western District of Pennsylvania, News, Former Superintendent Pleads Guilty to Federal Program Theft, May 9, 2011, at                             *http://www.justice.gov/​usao/​paw/​news/​2011/​2011_​may/​2011_​05_​09_​05.html*                             (Press Release).                        
        Back to Citation      

5.                                 Press Release at 1.                        
        Back to Citation      

6.                                 47 CFR 54.8(c).                        
        Back to Citation      

7.                                 47 CFR 54.8 (e)(3), (4). Any opposition had to be filed no later than December 30, 2011.                        
        Back to Citation      

8.                                 Id. 54.8(e)(5), (g).                        
        Back to Citation      

9.                                 Id. 54.8(a)(1), (5), (d).                        
        Back to Citation      

[FR Doc. 2012-9399 Filed 4-17-12; 8:45 am]

BILLING CODE 6712-01-P