24202 Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Notices 

1Any further reference in this letter to ‘‘your 

conviction’’ refers to your guilty plea and 

Nature and Extent of Confidentiality: 

The Commission acknowledges and 

agrees that is consistent with the 

primary objective of the DIRS to treat 

filings as confidential. We will work 

with respondents to ensure that their 

concerns regarding the confidentiality of 

DIRS filings are resolved in a manner 

consistent with Commission rules. 

Needs and Uses: The Commission 

will submit this information collection 

to the Office of Management and Budget 

(OMB) as a revision during this 

comment period to obtain the three year 

clearance from them. 

In response to the events of 

September 11, 2001, the Federal 

Communications Commission 

(Commission or FCC) created an 

Emergency Contact Information System 

to assist the Commission in ensuring 

rapid restoration of communications 

capabilities after disruption by a 

terrorist threat or attack, and to ensure 

that public safety, public health, and 

other emergency and defense personnel 

have effective communications services 

available to them in the immediate 

aftermath of any terrorist attack within 

the United States. The Commission 

submitted, and OMB approved, a 

collection through which key 

communications providers could 

voluntarily provide contact information. 

The Commission’s Public Safety and 

Homeland Security Bureau (PSHSB) 

updated the Emergency Contact 

Information system with a Disaster 

Information Reporting System (DIRS) 

that uses electronic forms to collect 

Emergency Contact Information forms 

and through which participants may 

inform the Commission of damage to 

communications infrastructure and 

facilities and may request resources for 

restoration. The Commission updated 

the process by increasing the number of 

reporting entities to ensure inclusion of 

wireless, wireline, broadcast, cable and 

satellite communications providers. 

The Commission is now requesting 

revision of the currently approved 

collection. In recent years, 

communications have evolved from a 

circuit-switched network infrastructure 

to broadband networks. The 

Commission is seeking to extend the 

Disaster Information Reporting System 

to include interconnected Voice over 

Internet Protocol and broadband 

Internet Service Providers. Increasing 

numbers of consumers, businesses, and 

government agencies rely on broadband 

and interconnected VoIP services for 

everyday and emergency 

communications needs, including vital 

9–1–1 services. It is therefore imperative 

that the Disaster Information Reporting 

System be expanded to include these 

new technologies in order for the 

Commission the gain an accurate 

picture of communications landscape 

during disasters. The Commission has 

revised its DIRS screen shots and is 

including a copy of the DIRS user 

manual for which the Commission is 

requesting OMB approval. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary, Office of 

Managing Director. 

[FR Doc. 2012–9700 Filed 4–20–12; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 12–425] 

Notice of Suspension and 

Commencement of Proposed 

Debarment Proceedings; Schools and 

Libraries Universal Service Support 

Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Enforcement Bureau (the 

‘‘Bureau’’) gives notice of Ms. Gloria F. 

Harper’s suspension from the schools 

and libraries universal service support 

mechanism (or ‘‘E-Rate Program’’). 

Additionally, the Bureau gives notice 

that debarment proceedings are 

commencing against her. Ms. Harper, or 

any person who has an existing contract 

with or intends to contract with her to 

provide or receive services in matters 

arising out of activities associated with 

or related to the schools and libraries 

support, may respond by filing an 

opposition request, supported by 

documentation to Joy Ragsdale, Federal 

Communications Commission, 

Enforcement Bureau, Investigations and 

Hearings Division, Room 4–C330, 445 

12th Street SW., Washington, DC 20554. 

DATES: Opposition requests must be 

received by 30 days from the receipt of 

the suspension letter or May 23, 2012, 

whichever comes first. The Bureau will 

decide any opposition request for 

reversal or modification of suspension 

or debarment within 90 days of its 

receipt of such requests. 

ADDRESSES: Federal Communications 

Commission, Enforcement Bureau, 

Investigations and Hearings Division, 

Room 4–C330, 445 12th Street SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: Joy 

Ragsdale, Federal Communications 

Commission, Enforcement Bureau, 

Investigations and Hearings Division, 

Room 4–C330, 445 12th Street SW., 

Washington, DC 20554. Joy Ragsdale 

may be contacted by phone at (202) 

418–1697 or 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 has suspension and debarment 

authority pursuant to 47 CFR 54.8 and 

47 CFR 0.111(a)(14). Suspension will 

help to ensure that the party to be 

suspended cannot continue to benefit 

from the schools and libraries 

mechanism pending resolution of the 

debarment process. Attached is the 

suspension letter, DA 12–452, which 

was mailed to Ms. Harper and released 

on March 22, 2012. The complete text 

of the notice of suspension and 

initiation of debarment proceedings 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 22, 2012 

DA 12–452 

SENT VIA CERTIFIED MAIL, RETURN 

RECEIPT REQUESTED AND EMAIL 

Ms. Gloria F. Harper, c/o Ms. Cynthia 

Marie Cimino, Federal Public 

Defender, Hale Boggs Federal 

Building, 500 Poydras St., Room 

318, New Orleans, LA 70130 

Re: Notice of Suspension and Initiation 

of Debarment Proceeding File No. 

EB–12–IH–0400 

Dear Ms. Harper: The Federal 

Communications Commission 

(Commission or FCC) has received 

notice of your guilty plea for conspiracy 

to defraud the United States in violation 

of 18 U.S.C. § 371 in connection with 

your participation in the federal schools 

and libraries universal service support 

mechanism (E-Rate program).1


rmajette on DSK2TPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Notices 24203 

subsequent sentencing for conspiracy to defraud the 

United States in United States v. Gloria F. Harper, 

Criminal Docket No. 2:10–cr–00326–CJB–ALC, Plea 

Agreement (E.D. La. filed June 2, 2011 and entered 

June 6, 2011) (Plea Agreement). 

2 47 CFR 54.8. 

3 Id. 0.111 (delegating to the Enforcement Bureau 

authority to resolve universal service suspension 

and debarment proceedings). The Commission 

adopted debarment rules for the E-Rate program 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 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; Rural Health Care 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, App. C at 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), (a)(5), (c), (d), 

(e)(2)(i), (e)(3), (e)(4), and (g)). 

4Second Report and Order, 118 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). 

5 47 CFR 54.504, 54.511(c). 

6 Id. 54.505, 54.523. 

7See Request for Review by Mastermind Internet 

Services, Inc., Federal-State Joint Board on 

Universal Service, Changes to the Board of Directors 

of the National Exchange Carrier Association, Inc., 

CC Docket No. 96–45, Order, 16 FCC Rcd 4028, 

4032–33 paras. 10–12 (2000) (Mastermind Order) 

(finding that when an applicant surrenders control 

of the bidding process to an employee of an entity 

that will also participate in the bidding process as 

a prospective service provider, the applicant 

irreparably impairs its ability to hold a fair and 

open competitive bidding process); see also 

Universal Service Administrative Company’s 

description of an Open and Fair Competitive 

Bidding Process at http://www.universalservice.org/ 

sl/applicants/step03/run-open-faircompetition.aspx. 

8Plea Agreement at 4–5. The conspiracy involved 

schools and school districts located throughout 

Arkansas, Florida, Illinois, Louisiana, North Dakota, 

and Texas. See Appendix. 

9See United States v. Gloria F. Harper, Criminal 

Docket No. 2:10–cr–00326–CJB–ALC, Factual Basis 

at 2, 4 (E.D. La. filed June 2, 2011) (Factual Basis). 

10 Id. 

11 Id. at 3. These bribes included $28,500 in 

payments to school officials in Louisiana and 

Arkansas; a $79,382 payment to a school agent in 

Florida; and a $10,000 payment to a school agent 

in Illinois. Id. at 3–4. 

12 Factual Basis at 4; see also United States v. 

Gloria F. Harper, Criminal Docket No. 2:10–cr– 

00326–CJB–ALC, Information at 7 (E.D. La. filed 

Nov. 18, 2011). 

13 Factual Basis at 4. 

14 Id. 

15Second Report and Order, 18 FCC Rcd at 9226, 

para. 70; 47 C.F.R. § 54.8(e)(2)(i). The Bureau has 

already debarred two co-conspirators, Tyrone 

Pipkin and Barrett C. White, from participating in 

the E-Rate program. See Tyrone Pipkin, File No. 

EB–11–IH–1071, Notice of Debarment, 26 FCC Rcd 

16822 (Enf. Bur. 2011); Barrett C. White, Notice of 

Debarment, 26 FCC Rcd 16047 (Enf. Bur. 2011); see 

also Justice News, Dep’t of Justice, Former Owner 

of Illinois Technology Company Sentenced to Serve 

30 Months in Prison for Role in Multi-State Scheme 

to Defraud Federal E-Rate Program, February 9, 

2012, athttp://www.justice.gov/opa/pr/2012/ 

February/12-at-189.html. 

16United States v. Gloria F. Harper, Criminal 

Docket No. 2:10–cr–00326–CJB–ALC, after, 

Judgment at 2–3 (filed Feb. 9, 2012). The prison 

term will run concurrent with any sentence 

imposed in the Northern District of Illinois, 

Criminal Docket No. 11–479. Id. at 2. 

17 Id. at 5. 

18 47 CFR 54.8(b); see Second Report and Order, 

18 FCC Rcd at 9225–27, paras. 67–74. 

19 47 CFR 54.8(a)(1), (d). 

20Second Report and Order, 18 FCC Rcd at 9226, 

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

21 47 CFR 54.8(e)(4). 

22 Id. 

23 Id. 54.8(f). 

Consequently, pursuant to 47 C.F.R. 

§ 54.8, this letter constitutes official 

notice of your suspension from the ERate program.2 In addition, the 

Enforcement Bureau (Bureau) hereby 

notifies you that the Bureau will 

commence debarment proceedings 

against you.3

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 [E-Rate 

program]’’ from receiving the benefits 

associated with that program.4 Schools 

may receive E-Rate program funding for 

eligible goods and services by filing 

application forms, seeking competitive 

bids, and selecting the most costeffective vendor.5 The E-Rate program 

rules require school applicants to pay a 

percentage of the total cost of eligible 

goods and services requested for 

funding.6 The E-Rate program rules 

prohibit an E-Rate vendor or anyone 

associated with an E-Rate vendor from 

participating in the application process 

or vendor selection.7

On June 6, 2011, you pled guilty to 

knowingly and willfully orchestrating 

multiple fraudulent schemes and 

conspiring with others to defraud the ERate program through the submission of 

materially false and fraudulent 

documents, concealment of material 

facts, and obstruction and manipulation 

of the competitive bidding process 

involving schools and school districts 

located in six states.8 You participated 

in the conspiracy as the owner of 

Computer Training and Associates 

(CTA) and co-owner of Global 

Networking Technologies, Inc. (GNT).9

Specifically, from approximately 

December 2001 through September 

2005, you and a co-conspirator violated 

E-Rate program rules by completing, 

submitting, and fraudulently signing ERate program applications (FCC Forms 

470, 471, and 486) on behalf of school 

applicants.10 You also conspired to 

bribe school officials in exchange for 

their ceding control of the schools’ 

competitive bidding processes to your 

companies.11 In further violation of the 

E-Rate rules, you promised school 

applicants that their required payments 

would be waived if they chose CTA or 

GNT as the schools’ E-Rate service 

provider.12 You also did not disclose 

your involvement in the application 

process or the promised waivers to the 

Universal Service Administrative 

Company.13 CTA and GNT directly 

benefited from your fraudulent schemes 

by receiving approximately $4.5 million 

in E-Rate contracts.14 These actions 

constitute the conduct or transactions 

upon which this suspension notice and 

proposed debarment are based.15

On February 9, 2012, the United 

States District Court for the Eastern 

District of Louisiana sentenced you to 

serve 30 months in prison followed by 

three years of supervised release for 

conspiring to defraud the federal E-Rate 

program in multiple states.16 The court 

also ordered you to pay a $100 special 

assessment.17

Pursuant to Section 54.8(b) of the 

Commission’s rules,18 upon your 

conviction the Bureau is required to 

suspend you 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.19 Your 

suspension becomes effective upon 

receipt of this letter or publication of 

notice of the letter in the Federal 

Register, whichever comes first.20

In accordance with the Commission’s 

suspension and debarment rules, you 

may contest this suspension or the 

scope of this suspension by filing 

arguments, with any relevant 

documents, within thirty (30) calendar 

days after receipt of this letter or after 

publication of notice of it in the Federal 

Register, whichever comes first.21 Such 

requests, however, will not ordinarily be 

granted.22 The Bureau may reverse or 

limit the scope of suspension only upon 

a finding of extraordinary 

circumstances.23 The Bureau will 

decide any request to reverse or modify 

a suspension within ninety (90) 


rmajette on DSK2TPTVN1PROD with NOTICES
24204 Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Notices 

24See Second Report and Order, 18 FCC Rcd at 

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

25 ‘‘Causes for suspension and debarment are 

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). Associated 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.’’ Id. 54.8(a)(1). 

26 Id. 54.8(b). 

27Second Report and Order, 18 FCC Rcd at 9226, 

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

28Second Report and Order, 18 FCC Rcd at 9226, 

para. 70; 47 CFR 54.8(e)(5). 

29 Id. 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. Id. 54.8(f). 

30Second Report and Order, 18 FCC Rcd at 9225, 

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

31 Id. 54.8(g). 

32See FCC Announces Change in Filing Location 

for Paper Documents, Public Notice, 24 FCC Rcd 

14312 (2009) for further filing instructions. 

calendar days of its receipt of such 

request.24

II. Initiation of Debarment Proceedings 

As discussed above, your guilty plea 

and conviction of criminal conduct in 

connection with the E-Rate program is 

the basis for your immediate suspension 

from the program as well as a basis to 

commence debarment proceedings 

against you. Conviction of criminal 

fraud is cause for debarment as defined 

in Section 54.8(c) of the Commission’s 

rules.25 Therefore, pursuant to Section 

54.8(b) of the rules, your conviction 

requires the Bureau to commence 

debarment proceedings against you.26

As with the suspension process, you 

may contest the proposed debarment or 

the scope of the proposed debarment by 

filing arguments and any relevant 

documentation within thirty (30) 

calendar days of receipt of this letter or 

publication of notice of it in the Federal 

Register, whichever comes first.27 The 

Bureau, in the absence of extraordinary 

circumstances, will notify you of its 

decision to debar within ninety (90) 

calendar days of receiving any 

information you may have filed.28 If the 

Bureau decides to debar you, its 

decision will become effective upon 

either your receipt of a debarment 

notice or publication of the decision in 

the Federal Register, whichever comes 

first.29

If and when your debarment becomes 

effective, you will be prohibited from 

participating in activities associated 

with or related to the E-Rate program for 

three years from the date of 

debarment.30 The Bureau may set a 

longer debarment period or extend an 

existing debarment period if necessary 

to protect the public interest.31

Please direct any response, if sent by 

messenger or hand delivery, to Marlene 

H. Dortch, Secretary, Federal 

Communications Commission, 445 12th 

Street SW., Room TW–A325, 

Washington, DC 20554, to the attention 

of Joy M. Ragsdale, Attorney Advisor, 

Investigations and Hearings Division, 

Enforcement Bureau, Room 4–A236, 

with a copy to Theresa Z. Cavanaugh, 

Acting Division Chief, Investigations 

and Hearings Division, Enforcement 

Bureau, Room 4–C322, Federal 

Communications Commission. All 

messenger or hand delivery filings must 

be submitted without envelopes.32 If 

sent by commercial overnight mail 

(other than U.S. Postal Service (USPS) 

Express Mail and Priority Mail), the 

response must be sent to the Federal 

Communications Commission, 9300 

East Hampton Drive, Capitol Heights, 

Maryland 20743. If sent by USPS First 

Class, Express Mail, or Priority Mail, the 

response should be addressed to Joy 

Ragsdale, Attorney Advisor, 

Investigations and Hearings Division, 

Enforcement Bureau, Federal 

Communications Commission, 445 12th 

Street SW., Room 4–A236, Washington, 

DC 20554, with a copy to Theresa Z. 

Cavanaugh, Acting Division Chief, 

Investigations and Hearings Division, 

Enforcement Bureau, Federal 

Communications Commission, 445 12th 

Street SW., Room 4–C322, Washington, 

DC 20554. You shall also transmit a 

copy of your response via email to Joy 

M. Ragsdale, joy.ragsdale@fcc.gov and 

to Theresa Z. Cavanaugh, 

Theresa.Cavanaugh@fcc.gov. 

If you have any questions, please 

contact Ms. Ragsdale via U.S. postal 

mail, email, or by telephone at (202) 

418–1697. You may contact me at (202) 

418–1553 or at the email address noted 

above if Ms. Ragsdale is unavailable. 

Sincerely yours, 

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); 

Stephanie Toussaint, Antitrust 

Division, United States Department 

of Justice (via email) 

[FR Doc. 2012–9626 Filed 4–20–12; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Notice of information collection 

to be submitted to OMB for review and 

approval under the Paperwork 

Reduction Act. 

SUMMARY: In accordance with 

requirements of the Paperwork 

Reduction Act of 1995 (‘‘PRA’’), 44 

U.S.C. 3501 et seq., the FDIC may not 

conduct or sponsor, and the respondent 

is not required to respond to, an 

information collection unless it displays 

a currently valid Office of Management 

and Budget (OMB) control number. The 

FDIC, as part of its continuing effort to 

reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on the renewal 

of an existing information collection, as 

required by the PRA. On February 6, 

2012 (77 FR 5802), the FDIC solicited 

public comment for a 60-day period on 

the renewal of the following information 

collection: Disclosure of Deposit Status. 

No comments were received. Therefore, 

the FDIC hereby gives notice of 

submission of its request for renewal to 

OMB for review. 

DATES: Comments must be submitted on 

or before May 23, 2012. 

ADDRESSES: Interested parties are 

invited to submit written comments to 

the FDIC by any of the following 

methods: 

• http://www.FDIC.gov/regulations/ 

laws/federal/notices.html. 

• Email: comments@fdic.gov. Include 

the name of the collection in the subject 

line of the message. 

• Mail: Gary A. Kuiper 

(202.898.3877), Counsel, Room NYA– 

5046, Federal Deposit Insurance 

Corporation, 550 17th Street NW., 

Washington, DC 20429. 

• Hand Delivery: Comments may be 

hand-delivered to the guard station at 

the rear of the 17th Street Building 

(located on F Street), on business days 

between 7 a.m. and 5 p.m. 

All comments should refer to the 

relevant OMB control number. A copy 


rmajette on DSK2TPTVN1PROD with NOTICES