11726 Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Notices 

20See id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR 

54.8(e)(5). 

21 47 CFR 54.8(e)(5). 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. 47 CFR 54.8(f). 

22Second Report and Order, 18 FCC Rcd at 9225, 

¶ 67; 47 CFR 54.8(d),(g). 

23 47 CFR 54.8(g). 

1Any further reference in this letter to ‘‘your 

conviction’’ refers to your guilty plea and 

extraordinary circumstances, will 

provide you with notice of its decision 

to debar.20 If the Bureau decides to 

debar you, its decision will become 

effective upon the earlier of your receipt 

of a debarment notice or publication of 

the decision in the Federal Register.21

If and when your debarment becomes 

effective, you will be prohibited from 

participating in activities associated 

with or related to the schools and 

libraries support mechanism for three 

years from the date of debarment.22 The 

Bureau may, if necessary to protect the 

public interest, extend the debarment 

period.23

Please direct any response, if by 

messenger or hand delivery, to Marlene 

H. Dortch, Secretary, Federal 

Communications Commission, 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002, to the attention 

of Rebekah Bina, Attorney Advisor, 

Investigations and Hearings Division, 

Enforcement Bureau, Room 4–C330, 

with a copy to Vickie Robinson, 

Assistant Chief, Investigations and 

Hearings Division, Enforcement Bureau, 

Room 4–C330, Federal Communications 

Commission. If sent by commercial 

overnight mail (other than U.S. Postal 

Service Express Mail and Priority Mail), 

the response should be sent to the 

Federal Communications Commission, 

9300 East Hampton Drive, Capitol 

Heights, Maryland 20743. If sent by 

first-class, Express, or Priority mail, the 

response should be sent to Rebekah 

Bina, Attorney Advisor, Investigations 

and Hearings Division, Enforcement 

Bureau, Federal Communications 

Commission, 445 12th Street, SW., 

Room 4–C330, Washington, DC 20554, 

with a copy to Vickie Robinson, 

Assistant Chief, Investigations and 

Hearings Division, Enforcement Bureau, 

Federal Communications Commission, 

445 12th Street, SW., Room 4–C330, 

Washington, DC 20554. You shall also 

transmit a copy of the response via 

email to Rebekah.Bina@fcc.gov and to 

Vickie.Robinson@fcc.gov. 

If you have any questions, please 

contact Ms. Bina via mail, by telephone 

at (202) 418–7931 or by e-mail at 

Rebekah.Bina@fcc.gov. If Ms. Bina is 

unavailable, you may contact Ms. Vickie 

Robinson, Assistant Chief, 

Investigations and Hearings Division, by 

telephone at (202) 418–1420 and by email at Vickie.Robinson@fcc.gov. 

Sincerely yours, 

Hillary S. DeNigro, 

Chief, Investigations and Hearings 

Division Enforcement Bureau. 

cc: Glenn D. Baker, Assistant United 

States Attorney, Department of 

Justice (via e-mail) 

Kristy Carroll, Esq., Universal Service 

Administrative Company (via email) 

[FR Doc. E9–6017 Filed 3–18–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 09–476] 

Notice of Suspension and Initiation of 

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. Cynthia 

K. Ayer’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. Ayer, 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 Rebekah Bina, 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 April 20, 2009. However, an 

opposition request by the party to be 

suspended must be received 30 days 

from the receipt of the suspension letter 

or April 20, 2009, 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. 

FOR FURTHER INFORMATION CONTACT: 

Rebekah Bina, Federal Communications 

Commission, Enforcement Bureau, 

Investigations and Hearings Division, 

Room 4–C330, 445 12th Street, SW., 

Washington, DC 20554. Rebekah Bina 

may be contacted by phone at (202) 

418–7931 or e-mail at 

Rebekah.Bina@fcc.gov. If Ms. Bina is 

unavailable, you may contact Ms. Vickie 

Robinson, Assistant Chief, 

Investigations and Hearings Division, by 

telephone at (202) 418–1420 and by email at Vickie.Robinson@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 09–476, which 

was mailed to Ms. Ayer and released on 

February 26, 2009. 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. 

Hillary S. DeNigro, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau, Federal 

Communications Commission. 

The suspension letter follows: 

February 26, 2009. 

[DA 09–476] 

Via Certified Mail, Return Receipt 

Requested and E-Mail 

Ms. Cynthia K. Ayer, c/o James Edward 

Holler, Holler Dennis Corbett Ormond 

Plante and Garner, P.O. Box 11006, 

Columbia, SC 29211. 

Re: Notice of Suspension and Initiation 

of Debarment Proceedings, File No. EB– 

09–IH–0002 

Dear Ms. Ayer: 

The Federal Communications 

Commission (‘‘FCC’’ or ‘‘Commission’’) 

has received notice of your conviction 

of mail fraud, in violation of 18 U.S.C. 

2 and 1341, in connection with your 

participation in the schools and libraries 

universal service support mechanism 

(‘‘E-Rate program’’).1 Consequently, 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Notices 11727 

subsequent conviction of one count of mail fraud. 

United States v. Cynthia K. Ayer, Criminal Docket 

No. 5:06–453 (001 MBS), Plea Agreement (D. S.C. 

filed and entered Apr. 30, 2008) (‘‘Ayer Plea 

Agreement’’); United States v. Cynthia K. Ayer, 

5:06–453 (001 MBS), Judgment (D. S.C. filed and 

entered Dec. 11, 2008) (‘‘Ayer Judgment’’). See also 

United States v. Cynthia K. Ayer, Criminal Docket 

No. 5:06–453 (001 MBS), Indictment (D. S.C. filed 

Apr. 19, 2006 and entered Apr. 20, 2006) (‘‘Ayer 

Indictment’’). 

2 47 CFR 54.8; 47 CFR 0.111 (delegating to the 

Enforcement Bureau authority to resolve universal 

service suspension and debarment proceedings). 

The Commission adopted debarment rules for the 

schools and libraries universal service support 

mechanism 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 of the 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; Lifeline and Link Up; Changes to the 

Board of Directors for the National Exchange 

Carrier Association, Inc., Report and Order, 22 FCC 

Rcd 16372, 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), (5), (c), (d), (e)(2)(i), 

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

3Second Report and Order, 18 FCC Rcd at 9225, 

¶ 66. 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). 

4See Ayer Plea Agreement. See also Department 

of Justice Press Release (Dec. 11, 2008), available at 

http://www.usdoj.gov/atr/public/press_releases/ 

2008/240283.pdf (DOJ Press Release). 

5 DOJ Press Release at 1. 

6See Ayer Indictment at 13–15; DOJ Press Release 

at 1. 

7Ayer Judgment at 2–4; DOJ Press Release at 1. 

8 47 CFR 54.8(a)(4). See Second Report and Order, 

18 FCC Rcd at 9225–27, ¶¶ 67–74. 

9 47 CFR 54.8(a)(1)(d). 

10Second Report and Order, 18 FCC Rcd at 9226, 

¶ 69; 47 CFR 54.8(e)(1). 

11 47 CFR 54.8(e)(4). 

12 Id. 

13 47 CFR 54.8(e)(5). 

14See Second Report and Order, 18 FCC Rcd at 

9226, ¶ 70; 47 CFR 54.8(e)(5),(f). 

15 ‘‘Causes for suspension and debarment are the 

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.’’ 47 CFR 54.8(c). 

Such 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 mechanism.’’ 47 CFR 54.8(a)(1). 

16See Second Report and Order, 18 FCC Rcd at 

9226, ¶ 70; 47 CFR 54.8(e)(3). 

17Second Report and Order, 18 FCC Rcd at 9227, 

¶ 74. 

18See id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR 

54.8(e)(5). 

19 47 CFR 54.8(e)(5). 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. 47 CFR 54.8(f). 

20Second Report and Order, 18 FCC Rcd at 9225, 

¶ 67; 47 CFR 54.8(d),(g). 

21 47 CFR 54.8(g). 

pursuant to 47 CFR 54.8, this letter 

constitutes official notice of your 

suspension from the E-Rate program. In 

addition, the Enforcement Bureau 

(‘‘Bureau’’) hereby notifies you that we 

are commencing debarment proceedings 

against you.2

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 schools 

and libraries support mechanism’’ from 

receiving the benefits associated with 

that program.3 On April 30, 2008, you 

plead guilty to mail fraud in connection 

with your participation in the E-Rate 

program.4 While employed as a 

technology director for Bamberg County 

School District One in Bamberg, South 

Carolina, you admitted to submitting 

applications containing false 

information to the E-Rate program.5 You 

subsequently requested funds that you 

were not entitled to and caused the 

Universal Service Administrative 

Company (‘‘USAC’’) to send you a check 

in the amount of $25,243 made payable 

to your company, Go Between 

Communications a/k/a Go Between 

Telecommunications.6 As a result of 

your conviction, you have been 

sentenced to serve two years in prison 

and ordered to pay $468,496 in 

restitution to USAC for using the mail 

to submit fraudulent applications for ERate funding on behalf of Bamberg 

County School District One.7

Pursuant to section 54.8(a)(4) of the 

Commission’s rules,8 your conviction 

requires the Bureau to suspend you 

from participating in any activities 

associated with or related to the schools 

and libraries fund mechanism, 

including the receipt of funds or 

discounted services through the schools 

and libraries fund mechanism, or 

consulting with, assisting, or advising 

applicants or service providers 

regarding the schools and libraries 

support mechanism.9 Your suspension 

becomes effective upon the earlier of 

your receipt of this letter or publication 

of notice in the Federal Register.10

Suspension is immediate pending the 

Bureau’s final debarment determination. 

In accordance with the Commission’s 

debarment rules, you may contest this 

suspension or the scope of this 

suspension by filing arguments in 

opposition to the suspension, with any 

relevant documentation. Your request 

must be received within 30 days after 

you receive this letter or after notice is 

published in the Federal Register, 

whichever comes first.11 Such requests, 

however, will not ordinarily be 

granted.12 The Bureau may reverse or 

limit the scope of suspension only upon 

a finding of extraordinary 

circumstances.13 Absent extraordinary 

circumstances, the Bureau will decide 

any request for reversal or modification 

of suspension within 90 days of its 

receipt of such request.14

II. Initiation of Debarment Proceedings 

Your guilty plea to criminal conduct 

in connection with the E-Rate program, 

in addition to serving as a basis for 

immediate suspension from the 

program, also serves as a basis for the 

initiation of debarment proceedings 

against you. Your conviction falls 

within the categories of causes for 

debarment defined in section 54.8(c) of 

the Commission’s rules.15 Therefore, 

pursuant to section 54.8(a)(4) of the 

Commission’s rules, your conviction 

requires the Bureau to commence 

debarment proceedings against you. 

As with your suspension, you may 

contest debarment or the scope of the 

proposed debarment by filing arguments 

and any relevant documentation within 

30 calendar days of the earlier of the 

receipt of this letter or of publication in 

the Federal Register.16 Absent 

extraordinary circumstances, the Bureau 

will debar you.17 Within 90 days of 

receipt of any opposition to your 

suspension and proposed debarment, 

the Bureau, in the absence of 

extraordinary circumstances, will 

provide you with notice of its decision 

to debar.18 If the Bureau decides to 

debar you, its decision will become 

effective upon the earlier of your receipt 

of a debarment notice or publication of 

the decision in the Federal Register.19

If and when your debarment becomes 

effective, you will be prohibited from 

participating in activities associated 

with or related to the schools and 

libraries support mechanism for three 

years from the date of debarment.20 The 

Bureau may, if necessary to protect the 

public interest, extend the debarment 

period.21

Please direct any response, if by 

messenger or hand delivery, to Marlene 

H. Dortch, Secretary, Federal 

Communications Commission, 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002, to the attention 

of Rebekah Bina, Attorney Advisor, 


sroberts on PROD1PC70 with NOTICES
11728 Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Notices 

1See 18 U.S.C. 371 (conspiracy to bribery 

involving federal programs), 666(a) (bribery 

concerning programs receiving federal funds and 

aiding and abetting), and 1956(h) (conspiracy to 

lauder monetary instruments). Any further 

reference in this letter to ‘‘your conviction’’ refers 

to your ten count conviction. United States v. 

Frankie Logyang Wong, Criminal Docket No. 3:07– 

CR–00167–L–2, Judgment (N.D. Tex. filed Nov. 14, 

2008 and entered Nov. 17, 2008) (‘‘Frankie Wong 

Judgment’’). 

2 47 CFR 54.8; 47 CFR 0.111 (delegating to the 

Enforcement Bureau authority to resolve universal 

service suspension and debarment proceedings). 

The Commission adopted debarment rules for the 

schools and libraries universal service support 

mechanism 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 of the 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 

Investigations and Hearings Division, 

Enforcement Bureau, Room 4–C330, 

with a copy to Vickie Robinson, 

Assistant Chief, Investigations and 

Hearings Division, Enforcement Bureau, 

Room 4–C330, Federal Communications 

Commission. If sent by commercial 

overnight mail (other than U.S. Postal 

Service Express Mail and Priority Mail), 

the response should be sent to the 

Federal Communications Commission, 

9300 East Hampton Drive, Capitol 

Heights, Maryland 20743. If sent by 

first-class, Express, or Priority mail, the 

response should be sent to Rebekah 

Bina, Attorney Advisor, Investigations 

and Hearings Division, Enforcement 

Bureau, Federal Communications 

Commission, 445 12th Street, SW., 

Room 4–C330, Washington, DC 20554, 

with a copy to Vickie Robinson, 

Assistant Chief, Investigations and 

Hearings Division, Enforcement Bureau, 

Federal Communications Commission, 

445 12th Street, SW., Room 4–C330, 

Washington, DC 20554. You shall also 

transmit a copy of the response via email to Rebekah.Bina@fcc.gov and to 

Vickie.Robinson@fcc.gov. 

If you have any questions, please 

contact Ms. Bina via mail, by telephone 

at (202) 418–7931 or by e-mail at 

Rebekah.Bina@fcc.gov. If Ms. Bina is 

unavailable, you may contact Ms. Vickie 

Robinson, Assistant Chief, 

Investigations and Hearings Division, by 

telephone at (202) 418–1420 and by email at Vickie.Robinson@fcc.gov. 

Sincerely yours, 

Hillary S. DeNigro, 

Chief, 

Investigations and Hearings Division, 

Enforcement Bureau. 

cc: Beth Drake, Assistant United States 

Attorney (via e-mail), 

Kristy Carroll, Esq., Universal Service 

Administrative Company (via e-mail). 

[FR Doc. E9–6019 Filed 3–18–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 09–473] 

Notice of Suspension and Initiation of 

Debarment Proceedings; Schools and 

Libraries Universal Service Support 

Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Enforcement Bureau (the 

‘‘Bureau’’) gives notice of Mr. Frankie 

Logyang Wong’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 him. Mr. Wong, 

or any person who has an existing 

contract with or intends to contract with 

him 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 Rebekah Bina, 

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 April 20, 2009. However, an 

opposition request by the party to be 

suspended must be received 30 days 

from the receipt of the suspension letter 

or April 20, 2009, 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. 

FOR FURTHER INFORMATION CONTACT: 

Rebekah Bina, Federal Communications 

Commission, Enforcement Bureau, 

Investigations and Hearings Division, 

Room 4–C330, 445 12th Street, SW., 

Washington, DC 20554. Rebekah Bina 

may be contacted by phone at (202) 

418–7931 or e-mail at 

Rebekah.Bina@fcc.gov. If Ms. Bina is 

unavailable, you may contact Ms. Vickie 

Robinson, Assistant Chief, 

Investigations and Hearings Division, by 

telephone at (202) 418–1420 and by email at Vickie.Robinson@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 09–473, which 

was mailed to Mr. Wong and released 

on February 26, 2009. 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. 

Hillary S. DeNigro, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau. 

The suspension letter follows: 

February 26, 2009. 

DA 09–473 

VIA CERTIFIED MAIL 

RETURN RECEIPT REQUESTED AND 

FACSIMILE (510–452–8405) 

Mr. Frankie Logyang Wong 

c/o David Gerger 

1001 Fannin, Suite 1950 

Houston, TX 77002 

Re: Notice of Suspension and Initiation 

of Debarment Proceedings, File No. EB– 

08–IH–5313 

Dear Mr. Wong: 

The Federal Communications 

Commission (‘‘FCC’’ or ‘‘Commission’’) 

has received notice of your conviction 

of federal crimes, including conspiracy 

to commit bribery, conspiracy to 

launder monetary instruments, and 

multiple counts of bribery concerning 

programs receiving federal funds, in 

connection with your participation in 

the schools and libraries universal 

service support mechanism (‘‘E-Rate 

program’’).1 Consequently, pursuant to 

47 CFR 54.8, this letter constitutes 

official notice of your suspension from 

the E-Rate program. In addition, the 

Enforcement Bureau (‘‘Bureau’’) hereby 

notifies you that we are commencing 

debarment proceedings against you.2


sroberts on PROD1PC70 with NOTICES