11724 Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Notices 

22 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). 

23Second Report and Order, 18 FCC Rcd at 9225, 

¶ 67; 47 CFR 54.8(d), 54.8(g). 

24 47 CFR 54.8(g). 

1Any further reference in this letter to ‘‘your 

conviction’’ refers to your conviction by a federal 

of a debarment notice or publication of 

the decision in the Federal Register.22

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 at least 

three years from the date of 

debarment.23 The Bureau may, if 

necessary to protect the public interest, 

extend the debarment period.24

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: Kristy Carroll, Esq., Universal 

Service Administrative Company 

(via e-mail), 

Dayle A. Elieson, U.S. Attorney’s 

Office, United States Department of 

Justice (via mail). 

[FR Doc. E9–6016 Filed 3–18–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 09–477] 

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. R. Clay 

Harris’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. Harris, 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 09–477, which 

was mailed to Mr. Harris and released 

on February 26, 2009. The complete text 

of the notice of suspension and 

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 e-mail 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 09–477 

VIA CERTIFIED MAIL 

RETURN RECEIPT REQUESTED AND 

FACSIMILE (404–872–1622) 

Mr. R. Clay Harris 

c/o Allison Cobham Dawson 

Federal Defender Program, Inc. 

Suite 1700, The Equitable Building 

100 Peachtree Street, NW 

Atlanta, GA 30303. 

E-Mail: allison_dawson@fd.org 

Re: Notice of Suspension and Initiation 

of Debarment Proceedings, File No. EB– 

09–IH–0003 

Dear Mr. Harris: 

The Federal Communications 

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

has received notice of your conviction 

of conspiracy to defraud the United 

States and bribery, in violation of 18 

U.S.C. 371 and 666(a)(2), in connection 

with your participation in the schools 

and libraries universal service support 

mechanism (‘‘E-Rate program’’).1


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Notices 11725 

jury of conspiracy to defraud the United States and 

bribery. United States v. R. Clay Harris, Criminal 

Docket No. 1:07–CR–00287–CC, Verdict (N.D.Ga. 

filed July 31, 2008 and entered Aug. 1, 2008) 

(‘‘Harris Jury Verdict’’); Department of Justice Press 

Release (July 31, 2008), available at http:// 

atlanta.fbi.gov/dojpressrel/pressrel08/ 

bribery073108.htm (DOJ July 31, 2008 Press 

Release). See also United States v. R. Clay Harris, 

1:07–CR–00287–CC, Judgment (N.D.Ga. filed and 

entered Dec. 24, 2008) (finalizing conviction and 

imposing sentence) (‘‘Harris Judgment’’); United 

States v. R. Clay Harris, 1:07–CR–00287–CC, 

Criminal Indictment (N.D.Ga. filed on Aug. 28, 2007 

and entered Aug. 30, 2007) (‘‘Harris 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 Harris Jury Verdict; DOJ July 31, 2008 Press 

Release. 

5Arthur Scott and Evelyn Myers Scott were 

convicted in connection with their roles in this 

scheme, and each was subsequently debarred from 

the E-Rate program. See Letter from Hillary S. 

DeNigro, Chief, Investigations and Hearings 

Division, Enforcement Bureau, Federal 

Communications Commission, to Mrs. Evelyn 

Myers Scott, Notice of Debarment, 23 FCC Rcd 137 

(Inv. & Hearings Div., Enf. Bur. 2008); Letter from 

Hillary S. DeNigro, Chief, Investigations and 

Hearings Division, Enforcement Bureau, Federal 

Communications Commission, to Mr. Arthur Scott, 

Notice of Debarment, 23 FCC Rcd 143 (Inv. & 

Hearings Div., Enf. Bur. 2008). Evelyn Myers Scott 

and Arthur Scott both testified at trial against Mr. 

Harris. See Department of Justice Press Release 

(Dec. 22, 2008) available at http://www.usdoj.gov/ 

usao/gan/press/2008/12–22–08b.pdf (DOJ Dec. 22, 

2008 Press Release). 

6 DOJ Dec. 22, 2008 Press Release; Harris 

Indictment at 8–18. 

7 DOJ Dec. 22, 2008 Press Release; Harris 

Indictment at 8–10. 

8 DOJ Dec. 22, 2008 Press Release; Harris 

Indictment at 5–8. 

9 DOJ Dec. 22, 2008 Press Release; Harris 

Judgment at 2–5. 

10 47 CFR 54.8(a)(4). See Second Report and 

Order, 18 FCC Rcd at 9225–27, ¶¶ 67–74. 

11 47 CFR 54.8(a)(1),(d). 

12Second Report and Order, 18 FCC Rcd at 9226, 

¶ 69; 47 CFR 54.8(e)(1). 

13 47 CFR 54.8(e)(4). 

14 Id. 

15 47 CFR 54.8(e)(5). 

16See Second Report and Order, 18 FCC Rcd at 

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

17 ‘‘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). 

18See Second Report and Order, 18 FCC Rcd at 

9226, ¶ 70; 47 CFR 54.8(e)(3). 

19Second Report and Order, 18 FCC Rcd at 9227, 

¶ 74. 

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

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 July 31, 2008, a 

federal jury found you guilty of bribery 

and conspiracy to defraud the United 

States in connection with your 

participation in the E-Rate program.4

Evidence provided at trial demonstrated 

that, as President and majority owner of 

Multimedia Communications Services 

Corporation (‘‘MCSC’’), you provided 

bribes to co-conspirators Arthur Scott 

and Evelyn Myers Scott (‘‘coconspirators’’), former employees of 

Atlanta Public Schools (‘‘APS’’) and coowners of M&S Consulting,5 in order for 

the co-conspirators to support your 

efforts in securing MCSC’s performance 

of E-Rate and other technology-related 

work for APS.6 As part of this 

conspiracy, you provided the coconspirators and M&S Consulting over 

$230,000 between November 2000 and 

November 2002.7 During the same 

period of time, Arthur Scott and other 

APS employees allocated E-Rate work to 

MCSC without requiring MCSC to 

submit competitive bids. Arthur Scott 

and MCSC also submitted defective 

applications and bills to USAC resulting 

in overpayments from the E-Rate 

program to MCSC.8 As a result of your 

conviction, you were sentenced to five 

years in federal prison to be followed by 

three years of supervised released. You 

were also ordered to pay, along with the 

co-conspirators, restitution totaling over 

$234,000.9

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

Commission’s rules,10 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.11 Your suspension 

becomes effective upon the earlier of 

your receipt of this letter or publication 

of notice in the Federal Register.12

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.13 Such requests, 

however, will not ordinarily be 

granted.14 The Bureau may reverse or 

limit the scope of suspension only upon 

a finding of extraordinary 

circumstances.15 Absent extraordinary 

circumstances, the Bureau will decide 

any request for reversal or modification 

of suspension within 90 days of its 

receipt of such request.16

II. Initiation of Debarment Proceedings 

Your conviction of bribery and 

conspiracy to defraud the United States 

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.17 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.18 Absent 

extraordinary circumstances, the Bureau 

will debar you.19 Within 90 days of 

receipt of any opposition to your 

suspension and proposed debarment, 

the Bureau, in the absence of 


sroberts on PROD1PC70 with NOTICES
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