Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices 58219 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Submitted for 

Review to the Office of Management 

and Budget 

September 28, 2005. 

SUMMARY: The Federal Communications 

Commission, as part of its continuing 

effort to reduce paperwork burden 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collection(s), as 

required by the Paperwork Reduction 

Act (PRA) of 1995, Public Law 104–13. 

An agency may not conduct or sponsor 

a collection of information unless it 

displays a currently valid control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act (PRA) that 

does not display a valid control number. 

Comments are requested concerning (a) 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

burden estimate; (c) ways to enhance 

the quality, utility, and clarity of the 

information collected; and (d) ways to 

minimize the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. 

DATES: Written Paperwork Reduction 

Act (PRA) comments should be 

submitted on or before November 4, 

2005. If you anticipate that you will be 

submitting PRA comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: Direct all Paperwork 

Reduction Act (PRA) comments to 

Judith B. Herman, Federal 

Communications Commission, Room 1–

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

via the Internet to JudithB.Herman@fcc.gov. If you would like to 

obtain or view a copy of this new or 

revised information collection, you may 

do so by visiting the FCC PRA Web page 

at: http://www.fcc.gov/omd/pra. 

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.: 3060–1070. 

Title: Allocations and Service Rules 

for 71–76 GHz, 81–86 GHz, and 92–95 

GHz Bands. 

Form No.: N/A. 

Type of Review: Revision of a 

currently approved collection. 

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

state, local and tribal government. 

Number of Respondents: 1,000. 

Estimated Time Per Response: 0.5 

hours—1.5 hours. 

Frequency of Response: On occasion 

reporting requirement, recordkeeping 

requirement and third party disclosure 

requirement. 

Total Annual Burden: 12,000 hours. 

Total Annual Cost: $1,830,000. 

Privacy Act Impact Assessment: N/A. 

Needs and Uses: The Commission 

adopted a Memorandum Opinion and 

Order, WT Docket No. 02–146, FCC 05–

45, which revises the rules to require 

licensees, as part of the link registration 

process, to submit to the Database 

Manager (DM) an analysis under the 

interference protection criteria for the 

70–80 GHz bands that demonstrates that 

the proposed link will neither cause nor 

receive harmful interference relative to 

previously registered non-government 

links. This requirement will apply to 

link registrations (new or modified) that 

are first submitted to a database 

manager on or after the effective date of 

this new requirement. The database 

managers will accept all interference 

analyses submitted during the link 

registration process and retain them 

electronically for subsequent review by 

the public. It is important for the ‘‘firstin-time’’ determination, and for 

adjudicating complaints filed with the 

Commission, that the interference 

analysis captures the exact snapshot in 

time (i.e., conditions at the time-of-link 

registration) that will be dispositive in 

a dispute. Without the benefit of an 

interference analysis on file, it would be 

much more difficult for registrants to 

recreate conditions accurately after the 

fact. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 05–19991 Filed 10–4–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 05–2349] 

Notice of Debarment; Schools and 

Libraries Universal Service Support 

Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Enforcement Bureau 

(Bureau) gives notice of Mr. Ronald R. 

Morrett’s debarment from the schools 

and libraries universal service support 

mechanism (or ‘‘E-Rate program’’) for a 

period of three years. 

DATES: Debarment commences on the 

date Mr. Weaver receives the debarment 

letter or October 5, 2005, whichever 

date comes first, for a period of three 

years. 

FOR FURTHER INFORMATION CONTACT: 

Diana Lee, Federal Communications 

Commission, Enforcement Bureau, 

Investigations and Hearings Division, 

Room 4–C330, 445 12th Street, SW., 

Washington, DC 20554. Diana Lee may 

be contacted by phone at (202) 418–

0843 or e-mail at diana.lee@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Bureau has debarred Mr. Morrett from 

the schools and libraries universal 

service support mechanism for a period 

of three year pursuant to 47 CFR parts 

521 and 47 CFR 0.111(a)(14). The 

Commission previously suspended Mr. 

Morrett from the schools and libraries 

mechanism, pending debarment 

proceedings. See 70 FR 40360, July 13, 

2005. Attached is the debarment letter, 

Notice of Debarment, DA 05–2349, 

which was mailed to Mr. Morrett and 

released on August 30, 2005, that in 

turn attached the suspension letter, 

Notice of Suspension and of Proposed 

Debarment, DA 05–1729. The complete 

text of the debarment letter, including 

attachment 1 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 test 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., 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. 

Federal Communications Commission. 

William H. Davenport, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau. 

The notice of debarment and 

suspension letters follow: 

August 30, 2005. 

58220 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices 

1See 47 CFR 0.111(a)(14), 54.521. 

2Letter from William H. Davenport, Chief, 

Investigations and Hearings Division, Enforcement 

Bureau, Federal Communications Commission, to 

Mr. Ronald R. Morrett, Jr., Notice of Suspension and 

Proposed Debarment, 20 FCC Rcd 10888 (Inv. & 

Hearings Div., Enf. Bur. 2005) (Attachment 1). 

3 70 FR 40360 (July 13, 2005). 

4See Notice of Suspension, 20 FCC Rcd at 10888–

91. 

5See 47 CFR 54.521(e)(3) and (4). That date 

occurred no later than August 12, 2005. See supra 

note 3. 

6Notice of Suspension, 20 FCC Rcd at 10888–90 

7Notice of Suspension, 20 FCC Rcd at 10889–90. 

8 Id. at 10890; 47 CFR 54.521(c). 

9See Notice of Suspension, 20 FCC Rcd at 10890. 

10See 47 CFR 54.521(a)(1), 54.521(a)(5), 

54.521(d); Notice of Suspension, 20 FCC Rcd at 

10890–91. 

11Any further reference in this letter to ‘‘your 

conviction’’ refers to your December 8, 2003 guilty 

plea for conspiracy and conviction therefor. See 

United States v. Morrett, Criminal Docket No. 03–

337, Information at 4 (M.D.Pa. filed December 8, 

2003) (‘‘Morrett Information’’); United States v. 

Morrett, Criminal Docket No. 03–337, Plea 

Agreement at 1–2 (M.D.Pa. filed Dec. 8, 2003) 

(‘‘Morrett Plea Agreement’’); United States v. 

Morrett, Criminal Docket No. 03–337, Judgment 

(M.D.Pa. filed May 16, 2005 and entered May 18, 

2005). 

12 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). 

13 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’’). 

14Second 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). 

15Second Report and Order, 18 FCC Rcd at 9226, 

¶ 69; 47 CFR 54.521(e)(1). 

16Second Report and Order, 18 FCC Rcd at 9226, 

¶ 70; 47 CFR 54.521(e)(4). 

17Second Report and Order, 18 FCC Rcd at 9226, 

¶ 70. 

18 47 CFR 54.521(f). 

19See Second Report and Order, 18 FCC Rcd at 

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

[DA 05–2349] 

Via Certified Mail 

Return Receipt Requested 

Mr. Ronald R. Morrett, Jr., 1809 Holly 

Drive, Harrisburg, PA 17110. 

Re: Notice of Debarment, File No. EB– 

03–IH–0615 

Dear Mr. Morrett: 

Pursuant to § 54.521 of the rules of the 

Federal Communications Commission 

(the ‘‘Commission’’), by this Notice of 

Debarment you are debarred from the 

schools and libraries universal service 

support mechanism (or ‘‘E-Rate 

program’’) for a period of three years.1

On June 23, 2005, the Enforcement 

Bureau (the ‘‘Bureau’’) sent you a Notice 

of Suspension and Proposed Debarment 

(the ‘‘Notice of Suspension’’).2 That 

Notice of Suspension was published in 

the Federal Register on July 13, 2005.3

The Notice of Suspension suspended 

you from the schools and libraries 

universal service support mechanism 

and described the basis for your 

proposed debarment, the applicable 

debarment procedures, and the effect of 

debarment.4

Pursuant to the Commission’s rules, 

any opposition to your suspension or its 

scope or to your proposed debarment or 

its scope had to be filed with the 

Commission no later than thirty (30) 

calendar days from the earlier date of 

your receipt of the Notice of Suspension 

or publication of the Notice of 

Suspension in the Federal Register.5

The Commission did not receive any 

such opposition. 

As discussed in the Notice of 

Suspension, on or about May 16, 2005, 

you were convicted based on your guilty 

plea to a felony information charging 

you with conspiracy to corruptly give, 

offer, and agree to give things of value 

with the intent to influence an agent of 

the Harrisburg (Pennsylvania) School 

District, in violation of 18 U.S.C. 371.6

You pled guilty to conspiring with John 

H. Weaver and others to make and 

subsequently making kick-back 

payments of more than $1.9 million to 

Weaver while he, as Information 

Technology Officer of the district, 

processed work-completed certifications 

that were essential to you in obtaining 

E-Rate payments under the multimillion dollar E-Rate contract awarded 

by the district to your company, EMO 

Communications, Inc.7 Such conduct 

constitutes the basis for your debarment, 

and your conviction falls within the 

categories of causes for debarment 

under § 54.521(c) of the Commission’s 

rules.8 For the foregoing reasons, you 

are hereby debarred for a period of three 

years from the debarment date, i.e., the 

earlier date of your receipt of this Notice 

of Debarment or its publication date in 

the Federal Register.9 Debarment 

excludes you, for the debarment period, 

from activities ‘‘associated with or 

related to the schools and libraries 

support mechanism,’’ including ‘‘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 the schools 

and libraries support mechanism.’’ 10

Sincerely, 

William H. Davenport 

Chief, Investigations and Hearings 

Division, Enforcement Bureau. 

cc: Brian Perry, Esq., Nealson & Gover, 

Kristy Carroll, Esq., USAC (E-mail), 

Marty Carlson, Esq., Assistant 

United States Attorney, Middle 

District of Pennsylvania (E-mail). 

June 23, 2005. 

[DA 05–1729] 

Via Certified Mail 

Return Receipt Requested 

Mr. Ronald R. Morrett, Jr., 1809 Holly 

Drive, Harrisburg, PA 17110. 

Re: Notice of Suspension and of 

Proposed Debarment File No. EB–03– 

IH–0615 

Dear Mr. Morrett: 

The Federal Communications 

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

has received notice of your May 16, 

2005 conviction for conspiracy to 

engage in bribery in a federally funded 

program, in violation of 18 U.S.C. 371.11

Consequently, pursuant to 47 CFR 

54.521, this letter constitutes official 

notice of your suspension from the 

schools and libraries universal service 

support mechanism (or ‘‘E-Rate 

program’’). In addition, the Enforcement 

Bureau (‘‘Bureau’’) hereby notifies you 

that we are commencing debarment 

proceedings against you.12

I. Notice of Suspension 

Pursuant to § 54.521(a)(4) of the 

Commission’s rules,13 your conviction 

requires the Bureau to suspend you 

from participating in any activities 

associated with or related to the schools 

and libraries support mechanism, 

including 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 the schools and libraries 

support mechanism.14 Your suspension 

becomes effective upon the earlier of 

your receipt of this letter or publication 

of notice in the Federal Register.15

Suspension is immediate pending the 

Bureau’s final debarment determination. 

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.16 Such requests, 

however, will not ordinarily be 

granted.17 The Bureau may reverse or 

limit the scope of suspension only upon 

a finding of extraordinary 

circumstances.18 Absent extraordinary 

circumstances, the Bureau will decide 

any request for reversal or modification 

of suspension within 90 days of its 

receipt of such request.19

Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices 58221 

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

¶ 66. 

21See Morrett Plea Agreement at 1. 

22Morrett Information at 2–3. 

23Morrett Information at 4–5. 

24Second Report and Order, 18 FCC Rcd at 9226, 

¶ 70; 47 CFR 54.521(e)(2)(i). 

25 ‘‘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). 

26See Second Report and Order, 18 FCC Rcd at 

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

27Second Report and Order, 18 FCC Rcd at 9227, 

¶ 74. 

28See Id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR 

54.521(e)(5). 

29 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). 

30Second Report and Order, 18 FCC Rcd at 9225, 

¶ 67; 47 CFR 54.521(d), 54.521(g). 

31 Id. 

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.20 As provided by your 

December 8, 2003 plea agreement upon 

which your conviction is based, you 

pleaded guilty to a felony information 

charging you with conspiracy in 

violation of 18 U.S.C. 371.21 The felony 

information alleges that in 2000, the 

Harrisburg (Pennsylvania) School 

District awarded a multi-million dollar 

E-Rate contract to you and EMO 

Communications, Inc. (‘‘EMO’’) for the 

development and installation of an 

educational technology system for the 

school district; that a grant from the ERate program funded a substantial 

portion of the cost of this contract; that 

you and EMO received payments from 

the E-Rate program only after John 

Weaver, Information Technology 

Director for the school district, certified 

that you and EMO had performed 

specified work under the contract; and 

that you agreed to make kickback 

payments of more than $1.9 million to 

Weaver while he processed 

certifications that were essential to you 

in obtaining E-Rate funded payments on 

the contract.22 The felony information 

charges you, Weaver, and others with 

conspiring to corruptly give, offer, and 

agree to give things of value with the 

intent to influence an agent of the 

Harrisburg School District and in 

furtherance of that conspiracy, causing 

more than $1.9 million in payments to 

be made to Weaver.23 Pursuant to your 

plea agreement, you have pleaded guilty 

to the charge of conspiracy set forth in 

the felony information. These actions 

constitute the conduct or transactions 

upon which this debarment proceeding 

is based.24 Moreover, your conviction 

on the basis of these acts falls within the 

categories of causes for debarment 

defined in § 54.521(c) of the 

Commission’s rules.25 Therefore, 

pursuant to § 54.521(a)(4) of the 

Commission’s rules, your conviction 

requires the Bureau to commence 

debarment proceedings against you. 

B. Debarment Procedures 

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.26 Absent extraordinary 

circumstances, the Bureau will debar 

you.27 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.28 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.29

C. Effect of Debarment 

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.30 The Bureau may, if 

necessary to protect the public interest, 

extend the debarment period.31

Please direct any responses to the 

following address: 

Diana Lee, Federal Communications 

Commission, Enforcement Bureau, 

Investigations and Hearings Division, 

Room 4C–330, 445 12th Street, SW., 

Washington, DC 20554. 

If you submit your response via handdelivery or non-United States Postal 

Service delivery (e.g., Federal Express, 

DHL, etc.), please send the response to 

Ms. Lee at the following address: 

Federal Communications Commission, 

9300 East Hampton Drive, Capitol 

Heights, MD 20743. 

If you have any questions, please 

contact Ms. Lee via mail, by telephone 

at (202) 418–1420 or by e-mail at 

diana.lee@fcc.gov. If Ms. Lee is 

unavailable, you may contact Eric Bash 

by telephone at (202) 418–1420 and by 

e-mail at eric.bash@fcc.gov. 

Sincerely yours, 

William H. Davenport, 

Chief, Investigations and Hearings 

Division, Enforcement Bureau. 

cc: Brian Perry, Esq., Nealson & 

Gover,Kristy Carroll, Esq., USAC (Email),Marty Carlson, Esq., Assistant 

United States Attorney, Middle 

District of Pennsylvania, (E-mail). 

[FR Doc. 05–19989 Filed 10–4–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Technological Advisory Council 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of public meeting. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, this 

notice advises interested persons of the 

second meeting of the Technological 

Advisory Council (‘‘Council’’) under its 

charter renewed as of November 19, 

2004. 

DATES: October 27, 2005 at 10 a.m. to 3 

p.m. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Commission Meeting Room (TW–C305), 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Jeffery Goldthorp, (202) 418–1096 

(voice), (202) 418–2989 (TTY), or email: 

Jeffery.Goldthorp@fcc.gov. 

SUPPLEMENTARY INFORMATION: Increasing 

innovation and rapid advances in 

technology have accelerated changes in 

the ways that telecommunications 

services are provided to, and accessed 

by, users of communications services. 

The Federal Communications 

Commission must remain abreast of new 

developments in technologies and 

related communications to fulfill its 

responsibilities under the 

Communications Act. At this third 

meeting under the Council’s new 

charter, the Council will consider ways 

that emerging technologies can improve 

communications resiliency. The Federal 

Communications Commission will 

attempt to accommodate as many 

persons as possible. Admittance,