Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices 5447

Communications Commission, Room 1–

C804, 445 12th Street, SW., DC 20554 or 

via the Internet to JudithB.Herman@fcc.gov.

FOR FURTHER INFORMATION CONTACT: For 

additional information or copies of the 

information collection(s), contact Judith 

B. Herman at 202–418–0214 or via the 

Internet at Judith-B.Herman@fcc.gov.

SUPPLEMENTARY INFORMATION: 

OMB Control No.: 3060–0056. 

Title: Part 68—Connection of 

Terminal Equipment to the Telephone 

Network. 

Form No: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit. 

Number of Respondents: 58,520 

respondents; 70,450 responses. 

Estimated Time Per Response: .05—24 

hours. 

Frequency of Response: On occasion 

reporting requirement, recordkeeping 

requirement and third party disclosure 

requirement. 

Total Annual Burden: 32,027 hours. 

Total Annual Cost: $1,160,000. 

Privacy Act Impact Assessment: N/A. 

Needs and Uses: The purpose of 47 

CFR part 68 is to protect the telephone 

network from certain types of harm and 

interference to other subscribers. To 

ensure that consumers, providers of 

telecommunications, the Administrative 

Council, telecommunications 

certification bodies (TCBs), and the 

Commission are able to trace products 

to the party responsible for placing 

terminal equipment on the market, it is 

essential to require manufacturers and 

suppliers to provide the information 

required by part 68. In addition, it is 

necessary that incumbent local 

exchange carriers (ILECs) provide the 

information in part 68 to warn their 

subscribers of impending disconnection 

of service when subscriber terminal 

equipment is causing telephone network 

harm. The Commission is seeking 

extension (no change) to this 

information collection in order to obtain 

the full three-year clearance from OMB. 

OMB Control No.: 3060–0262. 

Title: Section 90.179, Shared Use of 

Radio Stations. 

Form No: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit, not-for-profit institutions, and 

state, local and tribal government. 

Number of Respondents: 42,000. 

Estimated Time Per Response: .75 

hours. 

Frequency of Response:

Recordkeeping requirement. 

Total Annual Burden: 31,500 hours. 

Total Annual Cost: N/A. 

Privacy Act Impact Assessment: N/A. 

Needs and Uses: The Commission 

was directed by the United States 

Congress, in the Balanced Budget Act of 

1997, to dedicate 2.4 MHz of 

electromagnetic spectrum in the 746–

806 MHz band for public safety services. 

Section 90.179 requires that Part 90 

licensees that share use of their private 

land mobile radio facility on non-profit, 

cost-shared basis keep a written sharing 

agreement as part of the station records. 

Regardless of the method of sharing, an 

up-to-date list of persons who are 

sharing the station and the basis of their 

eligibility under Part 90 must be 

maintained. The requirement is 

necessary to identify users of the 

systems should interference problems 

develop. This information is used by the 

Commission to investigate interference 

complaints and resolve interference and 

operational complaints that may arise 

among the users. The Commission is 

seeking extension (no change) to this 

information collection in order to obtain 

the full three-year clearance from OMB.

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

[FR Doc. 05–1939 Filed 2–1–05; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 05–112] 

Notice of Suspension and of Proposed 

Debarment Proceedings; Schools and 

Libraries Universal Service Support 

Mechanism

AGENCY: Federal Communications 

Commission.

ACTION: Notice.

SUMMARY: The Enforcement Bureau 

(Bureau) gives notice of Inter-tel 

Technologies, Inc.’s (Inter-Tel) 

suspension from the schools and 

libraries universal service support 

mechanism. In addition, the Bureau 

gives notice that debarment proceedings 

are commencing against Inter-tel.

DATES: Opposition request must be 

received by February 22, 2005. An 

opposition request by the party to be 

suspended must be received 30 days 

from the receipt of the suspension letter 

or by February 22, 2005. The Bureau 

will decide any opposition request for 

reversal or modification of suspension 

within 90 days of its receipt of such 

requests.

FOR FURTHER INFORMATION CONTACT:

Romanda Williams, Federal 

Communications Commission, 

Enforcement Bureau, Investigations and 

Hearings Division, Room 4–C330, 445 

12th Street, SW., Washington DC 20554. 

Romanda Williams may be contacted by 

phone at (202) 418–1420 or e-mail at 

Romanda.Williams@fcc.gov.

SUPPLEMENTARY INFORMATION: The 

Bureau has suspension and debarment 

authority under 47 CFR 54.521 and 47 

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

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, Notice of Suspension and of 

Proposed Debarment Proceeding, DA 

05–112, which was mailed to Inter-tel 

and released on January 19, 2005. The 

letter (1) gives notice of the suspension 

and proposed debarment; (2) gives the 

reasons for the proposed debarment; (3) 

explains the debarment procedure; and 

(4) describes the potential effect of the 

debarment. The complete text of the 

suspension letter 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 contractor, 

Best Copy and Printing, Inc., Portals II, 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone (202) 

488–5300 or (800) 378–3160, facsimile 

(202) 488–5563, or via e-mail http://

www.bcpiweb.com.

Federal Communications Commission. 

William H. Davenport, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau.

The suspension letter follows:

January 19, 2005. 

Via Certified Mail—Return Receipt 

Requested 

Mr. Steven G. Mihaylo, 

Chief Executive Officer, Intel-Tel 

Technologies, Inc., 1615 S 52nd Street, 

Tempe, AZ 85281–6233.

Re: Notice of Suspension and of Proposed 

Debarment, File No. EB–05–IH–0012

Dear Mr. Mihaylo: The Federal 

Communications Commission (‘‘FCC’’ or 

‘‘Commission’’) has received notice of the 

January 5, 2005 conviction of Inter-Tel 

Technologies, Inc. (‘‘Inter-Tel’’) for mail 

fraud and aiding and abetting in violation of 

18 U.S.C. 1341 and 2, and for conspiracy to 

suppress and eliminate competition in 

violation of the Sherman Antitrust Act, 15 

5448 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices 

1United States v. Inter-Tel Technologies, Inc., No. 

CR–04–399–CRB, Plea Agreement (N.D.Cal. filed 

Dec. 8, 2004) (‘‘Inter-Tel Plea Agreement’’). The 

Order accepting this plea agreement was signed by 

the Court on January 5, 2005, and entered on 

January 10, 2005.

2 47 CFR 54.521; 47 CFR 0.111(a)(14) (delegating 

to the Enforcement Bureau authority to resolve 

universal service suspension and debarment 

proceedings pursuant to 47 CFR 54.521).

3 47 CFR 54.521(a)(4). See Schools and Libraries 

Universal Service Support Mechanism, Second 

Report and Order and Further Notice of Proposed 

Rulemaking, 18 FCC Rcd 9202, 9225–9227, ¶¶ 67–

74 (2003) (‘‘Second Report and Order’’).

4Second Report and Order, 18 FCC Rcd at 9225, 

¶ 67; 47 U.S.C. 254; 47 CFR 54.502–54.503; 47 CFR 

54.521(a)(4).

5Second Report and Order, 18 FCC Rcd at 9226, 

¶ 69; 47 CFR 54.521(e)(1).

6Second Report and Order, 18 FCC Rcd at 9226, 

¶ 70; 47 CFR 54.521(e)(4).

7Second Report and Order, 18 FCC Rcd at 9226, 

¶ 70.

8 47 CFR 54.521(e)(5).

9See Second Report and Order, 18 FCC Rcd at 

9226, ¶ 70; 47 CFR 54.521(e)(5), 54.521(f).

10Second 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 54.521(a)(6).

11See Inter-Tel Plea Agreement at 5–7.

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

¶ 70; 47 CFR 54.521(e)(2)(i).

13 ‘‘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 

54.521(c). Such activities ‘‘include the receipt of 

funds or discounted services through the schools 

and libraries support mechanism, or consulting 

with, assisting, or advising applicants or service 

providers regarding schools and libraries support 

mechanism described in this section (47 CFR 

54.500 et seq.).’’ 47 CFR 54.521(a)(1).

14See Second Report and Order, 18 FCC Rcd at 

9226, ¶ 70; 47 CFR 54.521(e)(2(i), 54.521(e)(3).

15Second Report and Order, 18 FCC Rcd at 9227, 

¶ 74.

16See id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR 

54.521(e)(5).

17 Id. The Commission may reverse a debarment, 

or may limit the scope or period of debarment upon 

a finding of extraordinary circumstances, following 

the filing of a petition by you or an interested party 

or upon motion by the Commission. 47 CFR 

54.521(f).

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

¶ 67; 47 CFR 54.521(d), 54.521(g).

19 Id.

U.S.C. 1.1 Consequently, pursuant to 47 CFR 

54.521, this letter constitutes official notice 

of Inter-Tel’s suspension from the schools 

and libraries universal service support 

mechanism (‘‘E-rate program’’). In addition, 

the Enforcement Bureau (‘‘Bureau’’) hereby 

notifies Inter-Tel that we are commencing 

debarment proceedings against it.2

I. Notice of Suspension 

Pursuant to section 54.521(a)(4) of the 

Commission’s rules,3 Inter-Tel’s conviction 

requires the Bureau to suspend it 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.4 Inter-Tel’s 

suspension becomes effective upon the 

earlier of its receipt of this letter or 

publication of notice in the Federal 

Register.5

Suspension is immediate pending the 

Bureau’s final debarment determination. 

Inter-Tel may contest this suspension or the 

scope of this suspension by filing arguments 

in opposition to the suspension, with any 

relevant documentation. Inter-Tel’s request 

must be received within 30 days after it 

receives this letter or after notice is published 

in the Federal Register, whichever comes 

first.6 Such requests, however, will not 

ordinarily be granted.7 The Bureau may 

reverse or limit the scope of suspension only 

upon a finding of extraordinary 

circumstances.8 Absent extraordinary 

circumstances, the Bureau will decide any 

request for reversal or modification of 

suspension within 90 days of its receipt of 

such request.9

II. Notice of Proposed Debarment 

A. Reasons for and Cause of Debarment 

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.10 Based on the 

plea agreement upon which Inter-Tel’s 

conviction is based, Inter-Tel pled guilty to 

mail fraud and other criminal offenses for 

activities in connection with its participation 

in the E-rate program with the San Francisco 

Unified School District (‘‘SFUSD’’). In 

connection with the mail fraud offense 

charged against Inter-Tel, the company 

admitted that it: (1) Assisted consultants in 

falsely describing equipment to be supplied 

to SFUSD, by hiding equipment not eligible 

for funding under the E-rate program in order 

to have the program pay for it; (2) learned 

that consultants had submitted bills to the 

Universal Service Administrative Company 

(‘‘USAC’’) with inflated prices, and did 

nothing to inform USAC that the prices had 

been inflated by approximately $26 million 

above the amounts originally bid for the 

project; and (3) did nothing to disclose to the 

SFUSD superintendent or school board that 

the funding requests to USAC had been 

increased over the original amounts, that 

there were inflated estimates in the bid 

documents, or that equipment ineligible for 

funding had been hidden in documents 

submitted to USAC. In connection with the 

antitrust crime charged against Inter-Tel, the 

company admitted that it: (1) Participated in 

a conspiracy with one or more vendors of 

equipment and services related to 

telecommunications, Internet access and/or 

internal connections, with a purpose of 

suppressing and eliminating competition for 

E-rate projects; and (2) reached an agreement 

with its co-conspirators to frustrate the 

competitive process in the E-rate projects by 

allocating contracts and submitting 

fraudulent and non-competitive bids; and (3) 

submitted fraudulent and non-competitive 

bids in accordance with the conspiratorial 

agreement.11 These actions constitute the 

conduct or transactions upon which this 

debarment proceeding is based.12 Moreover, 

Inter-Tel’s conviction on the basis of these 

acts falls within the categories of causes for 

debarment defined in section 54.521(c) of the 

Commission’s rules.13 Therefore, pursuant to 

section 54.521(a)(4) of the Commission’s 

rules, Inter-Tel’s conviction requires the 

Bureau to commence debarment proceedings 

against it.

B. Debarment Procedures 

Inter-Tel 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.14 Absent extraordinary 

circumstances, the Bureau will debar InterTel.15 Within 90 days of receipt of any 

opposition to Inter-Tel’s suspension and 

proposed debarment, the Bureau, in the 

absence of extraordinary circumstances, will 

provide Inter-Tel with notice of its decision 

to debar.16 If the Bureau decides to debar 

Inter-Tel, its decision will become effective 

upon the earlier of Inter-Tel’s receipt of a 

debarment notice or publication of the 

decision in the Federal Register.17

C. Effect of Debarment 

If and when Inter-Tel’s debarment becomes 

effective, it 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.18 The Bureau may, if 

necessary to protect the public interest, 

extend the debarment period.19

Please direct any responses to the 

following address: Romanda Williams, 

Federal Communications Commission, 

Enforcement Bureau, Investigations and 

Hearings Division, Room 4–C443, 445 12th 

Street, SW., Washington, DC 20554. 

If Inter-Tel submits its response via handdelivery or non-United States Postal Service 

delivery (e.g., Federal Express, DHL, etc.), 

please send the response to Ms. Williams at 

the following address: Federal 

Communications Commission, 9300 East 

Hampton Drive, Capitol Heights, MD 20743. 

If Inter-Tel has any questions, please 

contact Ms. Williams via mail, by telephone 

at (202) 418–1420 or by e-mail at 

romanda.williams@fcc.gov. If Ms. Williams is 

unavailable, you may contact Eric Bash by 

telephone at (202) 418–1188 and by e-mail at 

eric.bash@fcc.gov.

Sincerely yours,

William H. Davenport, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau.

cc: Leo P. Cunningham, Esq., Wilson Sonsini 

Goodrich & Rosati; Michael F. Wood, 

Esq., United States Department of 

Justice, Antitrust Division; Kristy Carroll, 

Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices 5449

Esq., USAC.

[FR Doc. 05–1860 Filed 2–1–05; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

[Report No. 2687] 

Petitions for Reconsideration and 

Clarification of Action in Rulemaking 

Proceeding 

January 19, 2005. 

Petitions for Reconsideration and 

Clarification have been filed in the 

Commission’s Rulemaking proceeding 

listed in this Public Notice and 

published pursuant to 47 CFR 1.429(e). 

The full text of this document is 

available for viewing and copying in 

Room CY–B402, 445 12th Street, SW., 

Washington, DC or may be purchased 

from the Commission’s copy contractor, 

Best Copy and Printing, Inc. (BCPI) (1–

800–378–3160). Oppositions to these 

petitions must be filed by February 17, 

2005. See Section 1.4(b)(1) of the 

Commission’s rules (47 CFR 1.4(b)(1)). 

Replies to an opposition must be filed 

within 10 days after the time for filing 

oppositions have expired. 

Subject: In the Matter of Improving 

Public Safety Communications in the 

800 MHz Band (WT Docket No. 02–55). 

Consolidating the 800 and 900 MHz 

Industrial/Land Transportation and 

Business Pool Channels to Allocate 

Spectrum Below 3 GHz for Mobile and 

Fixed Services to Support the 

Introduction of New Advanced Wireless 

Services, including Third Generation 

Wireless Services (ET Docket No. 00–

258). 

Petition for Rulemaking of the 

Wireless Information Networks Forum 

Concerning the Unlicensed Personal 

Communications Service (RM–9498). 

Petition for Rulemaking of UT 

Starcom, Inc. Concerning the 

Unlicensed Personal Communications 

Service (RM–10024). 

Amendment of Section 2.106 of the 

Commission’s Rules to Allocate 

Spectrum at 2 GHz for Use by the 

Mobile Satellite Service (ET Docket No. 

95–18). 

Number of Petitions Filed: 15.

Marlene H. Dortch, 

Secretary.

[FR Doc. 05–1942 Filed 2–1–05; 8:45 am] 

BILLING CODE 6712–01–M

FEDERAL MARITIME COMMISSION

Notice of Agreements Filed 

The Commission hereby gives notice 

of the filing of the following agreements 

under the Shipping Act of 1984. 

Interested parties may obtain copies of 

agreements by contacting the 

Commission’s Office of Agreements at 

202–523–5793 or via e-mail at 

tradeanalysis@fmc.gov. Interested 

parties may submit comments on an 

agreement to the Secretary, Federal 

Maritime Commission, Washington, DC 

20573, within 10 days of the date this 

notice appears in the Federal Register. 

Agreement No.: 011453–005. 

Title: Southern Africa/Oceania 

Agreement. 

Parties: A.P. Moller-Maersk A/S; 

Mediterranean Shipping Co., S.A.; and 

Safmarine Container Lines N.V. 

Filing Party: Wayne R. Rohde, Esq., 

Sher & Blackwell, 1850 M Street, NW., 

Suite 900, Washington, DC 20036. 

Synopsis: The agreement deletes 

Australia, New Zealand and other 

islands of Oceania from the geographic 

scope of the agreement.

Agreement No.: 011689–009. 

Title: Zim/CSCL Space Charter 

Agreement. 

Parties: China Shipping Container 

Lines Co., Ltd. and China Shipping 

Container Lines (Hong Kong) Co., Ltd. 

(‘‘CSCL’’); and Zim Integrated Shipping 

Service, Ltd. (‘‘Zim’’). 

Filing Party: Wayne R. Rohde, Esq., 

Sher & Blackwell, LLP, 1850 M Street, 

NW., Suite 900, Washington, DC 20036. 

Synopsis: The amendment extends 

the duration of the agreement, adds a 

slot swap between one leg of Zim’s AMP 

service and CSCL’s ANW service, 

revises provisions dealing with 

equipment sizes, and deletes provisions 

relating to certain defaults, dry docking, 

and omission of ports.

Agreement No.: 011898. 

Title: APS Joint Service Agreement. 

Parties: BBC Chartering & Logistic 

GmbH & Co. KG (‘‘BBC’’), Clipper Elite 

Carriers Ltd. (‘‘Clipper’’) and Asia 

Project Services Ltd. (‘‘APS’’). 

Filing Party: C. Jonathan Benner, Esq. 

and Matthew Thomas, Esq., Troutman 

Sanders LLP, 401 9th Street, NW., Suite 

1000, Washington, DC 20004–2134. 

Synopsis: The subject agreement 

would permit BBC and Clipper to 

establish a joint service, APS, in the 

trade between United States’ ports and 

ports in Asia, Australia, and New 

Zealand.

By Order of the Federal Maritime 

Commission.

Dated: January 28, 2005. 

Bryant L. VanBrakle, 

Secretary.

[FR Doc. 05–1959 Filed 2–1–05; 8:45 am] 

BILLING CODE 6730–01–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

[Document Identifier: OS–4040–0001] 

Notice of Proposed Requirement To 

Establish Government-wide Standard 

Data Elements for Use by All Federal 

Grant Making Agencies

AGENCY: Office of the Secretary, 

Grants.gov Program Management Office. 

In compliance with the requirement 

of section 3506(c)(2)(A) of the 

Paperwork Reduction Act of 1995, the 

Office of the Secretary (OS), Department 

of Health and Human Services, is 

publishing the following summary of 

proposed collections for public 

comment. Interested persons are invited 

to send comments regarding this burden 

estimate or any other aspect of this 

collection of information, including any 

of the following subjects: (1) The 

necessity and utility of the proposed 

information collection for the proper 

performance of the agency’s functions; 

(2) the accuracy of the estimated 

burden; (3) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) the use of 

automated collection techniques or 

other forms of information technology to 

minimize the information collection 

burden. Emergency Clearance for the 

data set was published in the Federal 

Register on September 3, 2004 [Vol. 69, 

No. 171]. Public comments from the 

Emergency Clearance were incorporated 

into the proposed information 

collection. 

#1 Type of Information Collection 

Request: Regular, Extension of a 

currently approved collection; 

Title of Information Collection: SF–

424 Research & Related (R&R); 

Form/OMB No.: OS–4040–0001. 

Use: The SF–424 (R&R) will become 

the government-wide data set for 

research grant applications. Federal 

agencies and grant applicants will use 

the standard data set and definitions for 

paper and electronic research grants 

applications. The standard data set will 

become the common Federal data set for 

research grant applications, replacing 

numerous agency data sets and reducing 

the administrative burden placed on the 

research grants community. The data set 

provides information to assist Federal