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
Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Notices 11729 

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)). 

3See Second Report and Order, 18 FCC Rcd at 

9225, ¶ 66; Program Management Order, 22 FCC 

Rcd at 16387, ¶ 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). 

4See supra note 1. See also http://dallas.fbi.gov/ 

dojpressrel/pressrel08/dl111308.htm (accessed Dec. 

8, 2008) (‘‘DOJ November 13, 2008 Frankie Wong 

Press Release’’); Frankie Wong Judgment at 1–2. 

5See DOJ November 13, 2008 Frankie Wong Press 

Release; Frankie Wong Judgment at 2 and 8. 

6See United States v. Ruben B. Bohuchot, et al., 

Criminal Docket No. 3:07–CR–167–L–1, Indictment 

at 1,5–6,15 (N.D.Tex. filed May 22, 2007, and 

entered May 24, 2007, under seal; unsealed May 29, 

2007). (‘‘DISD Indictment’’); MSE was a computer 

reseller firm providing computer products and 

services to large corporations and school districts, 

principally in the state of Texas. See DISD 

Indictment at 2; DOJ November 13, 2008 Frankie 

Wong Press Release at 1. 

7 In a separate letter, we also serve notice of 

suspension and initiation of debarment proceedings 

to Ruben B. Bohuchot for his role in the DISD 

bribery and money laundering scheme, pursuant to 

his conviction. See Letter from Hillary S. DeNigro, 

Chief Investigations and Hearings Division, 

Enforcement Bureau, to Ruben B. Bohuchot, Notice 

of Suspension and Initiation of Debarment 

Proceedings, DA 09–471 (Inv. & Hearings Div., Enf. 

Bur. Feb. 26, 2009). 

8See DISD Indictment at 5–6; DOJ November 13, 

2008 Frankie Wong Press Release. MSE was able to 

obtain two contracts with DISD as a result of 

information that Mr. Wong received from Mr. 

Bohuchot. DISD Indictment at 2–6. In this 

proceeding, we only address the contract involving 

E-Rate services. 

9 DISD Indictment at 4–5, 7–21; DOJ November 

13, 2008 Frankie Wong Press Release. 

10 DISD Indictment at 6. Based on a winning bid 

proposal prepared utilizing information that Mr. 

Wong received from Mr. Bohuchot, MSE received 

at least $4 million as a subcontractor under another 

contract with DISD. See DISD Indictment at 4; DOJ 

November 13, 2008 Frankie Wong Press Release at 

2. 

11 47 CFR 54.8(a)(4). See Second Report and 

Order, 18 FCC Rcd at 9225–9227, ¶¶ 67–74. 

12 47 CFR 54.8(a)(1), (d). 

13Second Report and Order, 18 FCC Rcd at 9226, 

¶ 69; 47 CFR 54.8(e)(1). 

14 47 CFR 54.8(e)(4). 

15 Id. 

16 47 CFR 54.8(e)(5). 

17See Second Report and Order, 18 FCC Rcd at 

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

18 ‘‘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, the high-cost 

support mechanism, the rural healthcare support 

mechanism, and the low-income 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 

mechanisms.’’ 47 CFR 54.8(a)(1). 

19See Second Report and Order, 18 FCC Rcd at 

9226, ¶ 70; 47 CFR 54.8(e)(3). 

20Second Report and Order, 18 FCC Rcd at 9227, 

¶ 74. 

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 November 13, 2008, 

the United States District Court in Texas 

sentenced you to serve ten years in 

prison following 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 the E-Rate 

program.4 In addition, you and a coconspirator were ordered to forfeit 

approximately $1 million as a result of 

your conviction.5

As the co-owner and president of 

Micro Systems Engineering, Inc., 

(‘‘MSE’’), you participated in a bribery 

and money laundering scheme 

involving technology projects for the 

Dallas Independent School District 

(‘‘DISD’’), including a contract that 

involved E-Rate funds for Funding Year 

2002 (‘‘E-Rate FY 2002 Contract’’).6

Beginning in November 2002, MSE and 

other companies formed a consortium 

(‘‘Consortium’’) for the purpose of 

submitting a bid proposal relating to ERate services for the DISD. While your 

co-defendant Ruben B. Bohuchot (‘‘Mr. 

Bohuchot’’) was Chief Technology 

Officer of the Dallas Independent 

School District,7 the Consortium 

submitted a bid proposal for E-Rate 

services after Mr. Bohuchot adjusted the 

requirements of DISD’s request for 

proposals to benefit you and your 

companies. Ultimately, the 

Consortium’s bid was approved by 

DISD.8 During the same time period, 

you and MSE provided things of value 

to Mr. Bohuchot, including extensive 

access to and control of large sportsfishing vessels, payment for numerous 

vacations and various entertainment 

services and cash.9 A federal jury 

ultimately determined that you and Mr. 

Bohuchot engaged in a conspiracy to 

commit bribery and money laundering. 

As a result of your criminal activity, 

MSE received at least $35 million in 

aggregate revenue from DISD and the 

Universal Service Administrative 

Company as a result of its participation 

in the DISD E-Rate FY 2002 Contract.10

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

Commission’s rules,11 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.12 Your suspension 

becomes effective upon the earlier of 

your receipt of this letter or publication 

of notice in the Federal Register.13

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.14 Such requests, 

however, will not ordinarily be 

granted.15 The Bureau may reverse or 

limit the scope of suspension only upon 

a finding of extraordinary 

circumstances.16 Absent extraordinary 

circumstances, the Bureau will decide 

any request for reversal or modification 

of suspension within 90 days of its 

receipt of such request.17

II. Initiation of Debarment Proceedings 

Your conviction of 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.18 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.19 Absent 

extraordinary circumstances, the Bureau 

will debar you.20 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 


sroberts on PROD1PC70 with NOTICES
11730 Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Notices 

21See id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR 

54.8(e)(5). 

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). 

to debar.21 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.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 

e-mail 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 email), Dayle A. Elieson, U.S. Attorney’s 

Office, United States Department of 

Justice (via mail) 

[FR Doc. E9–6020 Filed 3–18–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL ELECTION COMMISSION 

Sunshine Act Notices 

AGENCY: Federal Election Commission. 

The Open Meeting Scheduled For 

Thursday, March 12, 2009, Was 

Cancelled. 

DATE AND TIME: Wednesday, March 18, 

2009, 11 a.m. 

PLACE: 999 E Street, NW., Washington, 

DC (ninth floor) 

STATUS: This meeting will be closed to 

the public. 

ITEMS TO BE DISCUSSED: 

Compliance matters pursuant to 2 

U.S.C. 437g. 

Audits conducted pursuant to 2 

U.S.C. 437g, 438(b), and Title 26, U.S.C. 

Matters concerning participation in 

civil actions or proceedings or 

arbitration. 

Internal personnel rules and 

procedures or matters affecting a 

particular employee. 

DATE AND TIME: Thursday, March 19, 

2009, at 10 a.m. 

PLACE: 999 E Street, NW., Washington, 

DC (ninth floor). 

STATUS: This meeting will be open to the 

public. 

ITEMS TO BE DISCUSSED: 

Correction and Approval of Minutes. 

Draft Advisory Opinion 2009–01: 

Socialist Workers Party by counsel, 

Michael Krinsky, Esq., and Lindsey 

Frank, Esq. 

Draft Advisory Opinion 2009–04: Al 

Franken for U.S. Senate and the 

Democratic Senatorial Campaign 

Committee, by Marc E. Elias, Esq. 

2009 Legislative Recommendations. 

Electronic Distribution of FEC Record. 

Management and Administrative 

Matters. 

Individuals who plan to attend and 

require special assistance, such as sign 

language interpretation or other 

reasonable accommodations, should 

contact Mary Dove, Commission 

Secretary, at (202) 694–1040, at least 72 

hours prior to the hearing date. 

PERSON TO CONTACT FOR INFORMATION: 

Judith Ingram, Press Officer, Telephone: 

(202) 694–1220. 

Mary W. Dove, 

Secretary of the Commission. 

[FR Doc. E9–5879 Filed 3–18–09; 8:45 am] 

BILLING CODE: 6715–01–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

Secretary’s Advisory Committee on 

Genetics, Health, and Society; Request 

for Public Comment 

SUMMARY: The Secretary’s Advisory 

Committee on Genetics, Health, and 

Society (SACGHS) is requesting public 

comments on a Draft Report to the 

Secretary of Health and Human 

Services, ‘‘Public Consultation Draft 

Report on Gene Patents and Licensing 

Practices and Their Impact on Patient 

Access to Genetic Tests’’ (available at 

http://oba.od.nih.gov/SACGHS/ 

sacghs_public_comments.html). 

A copy can also be obtained from the 

National Institutes of Health (NIH) 

Office of Biotechnology Activities 

(OBA) by e-mailing 

faunteroytd@od.nih.gov or calling 

301–496–9838. 

DATES: The public is asked to submit 

comments by May 15, 2009, in order to 

be considered by SACGHS in preparing 

its final report. 

ADDRESSES: Comments on the draft 

report should be addressed to Steven 

Teutsch, M.D., M.P.H., Chair, SACGHS, 

and transmitted via an e-mail to 

greningerd@od.nih.gov. Comments may 

also be submitted by mailing or faxing 

a copy to NIH OBA at 6705 Rockledge 

Drive, Suite 750, Bethesda, MD 20892. 

NIH OBA’s fax number is 301–496– 

9838. 

FOR FURTHER INFORMATION CONTACT: 

Darren Greninger, J.D., NIH OBA, 6705 

Rockledge Drive, Suite 750, Bethesda, 

MD 20892, 301–496–9838, 

greningerd@od.nih.gov. 

SUPPLEMENTARY INFORMATION: The 

Department of Health and Human 

Services (HHS) established SACGHS to 

serve as a public forum for deliberations 

on the broad range of human health and 

societal issues raised by the 

development and use of genetic and 

genomic technologies and, as warranted, 

to provide advice on these issues. For 

more information about the Committee, 

please visit its Web site, http:// 

oba.od.nih.gov/sacghs/ 

sacghs_home.html. 


sroberts on PROD1PC70 with NOTICES