11722 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)(1)(B) and 2 

(bribery concerning programs receiving Federal 

funds and aiding and abetting), 1512(c) (obstructing 

and impeding an official proceeding), and 1956(h) 

(conspiracy to lauder monetary instruments) and 26 

U.S.C. 7206(1) (false statements on a tax return). 

Any further reference in this letter to ‘‘your 

conviction’’ refers to your thirteen count 

conviction. United States v. Ruben B. Bohuchot, 

Criminal Docket No. 3:07–CR–00167–L –1, 

Judgment (N.D. Tex. filed Nov. 14, 2008 and 

entered Nov. 17, 2008; amended Nov. 25, 2008) 

(‘‘Ruben Bohuchot 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 

information to PSAPs; (5) analyzing and 

recommending technical options to 

enable accurate and reliable dynamic 

E9–1–1 location identification for 

interconnected VoIP services; (6) 

recommending ways, including best 

practices, to improve Emergency Alert 

System (EAS) operations and testing 

and to ensure that all Americans, 

including those living in rural areas, the 

elderly, people with disabilities, and 

people who do not speak English, have 

access to timely EAS alerts and other 

emergency information; (7) 

recommending methods to measure 

reliably and accurately the extent to 

which key best practices are 

implemented both now and in the 

future. (In carrying out this task, the 

Council shall identify those ‘‘key best 

practices’’ for each communications 

industry segment, e.g., media, wireline, 

and wireless, that are most critical for 

network and media security, reliability, 

operability, and interoperability); (8) 

making recommendations with respect 

to such additional topics as the FCC 

may specify. Such topics may include 

issues arising from the convergence of 

technologies and how the FCC can best 

fulfill its responsibilities, particularly 

with respect to safety of life and 

property (including law enforcement) 

and national defense under the 

Communications Act. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–6014 Filed 3–18–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 09–471] 

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. Ruben B. 

Bohuchot’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. Bohuchot, 

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 09–471, which 

was mailed to Mr. Bohuchot 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 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 09–471] 

Via Certified Mail, Return Receipt 

Requested and Facsimile (510–452– 

8405) 

Mr. Ruben B. Bohuchot, c/o Richard 

Alan Anderson, Federal Public 

Defender—Dallas, 525 Griffin Street, 

Suite 629, Dallas, TX 75202. 

Re: Notice of Suspension and Initiation 

of Debarment Proceedings, File No. EB– 

08–IH–5312 

Dear Mr. Bohuchot: 

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, multiple 

counts of bribery concerning programs 

receiving Federal funds, obstruction of 

justice and making false statements on 

tax returns, 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 11723 

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/dl111208.htm (accessed Dec. 

8, 2008) (‘‘DOJ November 12, 2008 Ruben Bohuchot 

Press Release’’); Ruben Bohuchot Judgment at 1–2. 

5See DOJ November 12, 2008 Ruben Bohuchot 

Press Release; Ruben Bohuchot Judgment at 2 and 

8. 

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

Criminal Docket No. 3:07–CR–167–L–2, 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’’); see also DOJ 

November 12, 2008 Ruben Bohuchot Press Release. 

7 In a separate letter, we also serve notice of 

suspension and initiation of debarment proceedings 

to Frankie Logyang Wong 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 Frankie Logyang Wong, 

Notice of Suspension and Initiation of Debarment 

Proceedings, DA 09–473 (Inv. & Hearings Div., Enf. 

Bur. Feb. 26, 2009). MSE operated as a computer 

reseller firm providing computer products and 

services to large corporations and school districts. 

See DISD Indictment at 2. 8See DISD Indictment at 5–6; DOJ November 12, 

2008 Ruben Bohuchot Press Release. MSE was able 

to obtain two contracts with DISD worth 

approximately $120 million as a result of 

information that Mr. Wong received from Mr. 

Bohuchot. DISD Indictment at 2–4. In this 

proceeding, we only address the contract involving 

E–Rate services. 9 DISD Indictment at 4–5, 7–21; DOJ November 

12, 2008 Ruben Bohuchot 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 12, 2008 Ruben Bohuchot 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. 

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

54.8(e)(5). 

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 12, 2008, 

the United States District Court in Texas 

sentenced you to serve eleven years in 

prison following your conviction of 

Federal crimes, including conspiracy to 

commit bribery involving Federal funds, 

conspiracy to launder monetary 

instruments, multiple counts of bribery 

involving Federal funds, and other 

related offenses in connection with your 

participation the E–Rate program.4 In 

addition, you and a co-conspirator will 

have to forfeit approximately $1 million 

as a result of your conviction.5

As the former Chief Technology 

Officer of the Dallas Independent 

School District (‘‘DISD’’), you were in 

charge of procuring technology 

contracts for DISD. In this position, you 

participated in a bribery and money 

laundering scheme involving DISD 

technology projects, including a 

contract that involved E–Rate funds for 

Funding Year 2002 (‘‘E–Rate FY 2002 

Contract’’).6 Specifically, you provided 

assistance to the efforts of your codefendant, Frankie Logyang Wong (‘‘Mr. 

Wong’’), former co-owner and president 

of Micro Systems Engineering, Inc. 

(‘‘MSE’’),7 which enabled MSE to obtain 

a contract to provide E–Rate services to 

DISD.8 In exchange for your role in 

helping MSE obtain the E–Rate FY 2002 

Contract, you received bribes that 

included extensive access to and control 

of large sports-fishing vessels, payment 

for numerous vacations and various 

entertainment services, and cash that 

you attempted to disguise as repayments 

from another individual for living 

expenses.9 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 

to debar.21 If the Bureau decides to 

debar you, its decision will become 

effective upon the earlier of your receipt 


sroberts on PROD1PC70 with NOTICES
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