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, 

58222 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices 

however, will be limited to the seating 

available. Unless so requested by the 

Council’s Chair, there will be no public 

oral participation, but the public may 

submit written comments to Jeffery 

Goldthorp, the Federal Communications 

Commission’s Designated Federal 

Officer for the Technological Advisory 

Council, before the meeting. Mr. 

Goldthorp’s e-mail address is 

Jeffery.Goldthorp@fcc.gov. Mail delivery 

address is: Federal Communications 

Commission, 445 12th Street, SW., 

Room 7–A325, Washington, DC 20554. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 05–19992 Filed 10–4–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Sunshine Act; Notice of Agency 

Meeting 

Pursuant to the provisions of the 

‘‘Government in the Sunshine Act’’ (5 

U.S.C. 552b), notice is hereby given that 

at 10:45 a.m. on Thursday, October 6, 

2005, the Federal Deposit Insurance 

Corporation’s Board of Directors will 

meet in closed session, pursuant to 

section 552b(c)(2), (c)(6), (c)(8), 

(c)(9)(A)(ii), (c)(9)(B), and (c)(10) of Title 

5, United States Code, to consider 

matters relating to the Corporation’s 

corporate, supervisory and personnel 

activities. 

The meeting will be held in the Board 

Room on the sixth floor of the FDIC 

Building located at 550–17th Street, 

NW., Washington, DC. 

Requests for further information 

concerning the meeting may be directed 

to Mr. Robert E. Feldman, Executive 

Secretary of the Corporation, at (202) 

898–7043. 

Dated: September 29, 2005. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. E5–5439 Filed 10–4–05; 8:45 am] 

BILLING CODE 6714–01–P 

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 submit comments 

on an agreement to the Secretary, 

Federal Maritime Commission, 

Washington, DC 20573, within ten days 

of the date this notice appears in the 

Federal Register. Copies of agreements 

are available through the Commission’s 

Office of Agreements (202–523–5793 or 

tradeanalysis@fmc.gov). 

Agreement No.: 011223–031. 

Title: Transpacific Stabilization 

Agreement. 

Parties: American President Lines, 

Ltd.; APL Co. Pte Ltd.; CMA CGM, S.A.; 

COSCO Container Lines Ltd.; Evergreen 

Marine Corp. (Taiwan) Ltd.; Hanjin 

Shipping Co., Ltd.; Hapag-Lloyd 

Container Linie GmbH; Hyundai 

Merchant Marine Co., Ltd.; Kawasaki 

Kisen Kaisha, Ltd.; Mitsui O.S.K. Lines, 

Ltd.; Nippon Yusen Kaisha; Orient 

Overseas Container Line Limited; and 

Yangming Marine Transport Corp. 

Filing Party: David F. Smith, Esq.; 

Sher & Blackwell; 1850 M Street, NW.; 

Suite 900; Washington, DC 20036. 

Synopsis: The amendment removes 

P&O Nedlloyd B.V. and P&O Nedlloyd 

Limited as parties to the agreement. 

Agreement No.: 011223–032. 

Title: Transpacific Stabilization 

Agreement. 

Parties: American President Lines, 

Ltd.; APL Co. Pte Ltd.; CMA CGM, S.A.; 

COSCO Container Lines Ltd.; Evergreen 

Marine Corp. (Taiwan) Ltd.; Hanjin 

Shipping Co., Ltd.; Hapag-Lloyd 

Container Linie GmbH; Hyundai 

Merchant Marine Co., Ltd.; Kawasaki 

Kisen Kaisha, Ltd.; Mitsui O.S.K. Lines, 

Ltd.; Nippon Yusen Kaisha; Orient 

Overseas Container Line Limited; and 

Yangming Marine Transport Corp. 

Filing Party: David F. Smith, Esq.; 

Sher & Blackwell; 1850 M Street, NW.; 

Suite 900; Washington, DC 20036. 

Synopsis: The amendment modifies 

the agreement’s provisions regarding the 

rights and obligations of a withdrawing 

party. 

Agreement No.: 011324–017. 

Title: Transpacific Space Utilization 

Agreement. 

Parties: American President Lines 

Ltd.; APL Co. Pte Ltd.; Evergreen Marine 

Corporation (Taiwan), Ltd.; Hanjin 

Shipping Co., Ltd.; Hapag-Lloyd 

Container Linie GmbH; Hyundai 

Merchant Marine Co., Ltd.; Kawasaki 

Kisen Kaisha Ltd.; Mitsui O.S.K. Lines, 

Ltd.; Nippon Yusen Kaisha; Orient 

Overseas Container Line Limited; 

Westwood Shipping Lines; and 

Yangming Marine Transport Corp. 

Filing Party: David F. Smith, Esq.; 

Sher & Blackwell; 1850 M Street, NW.; 

Suite 900; Washington, DC 20036. 

Synopsis: The amendment removes 

P&O Nedlloyd B.V. and P&O Nedlloyd 

Limited as parties to the agreement. 

Agreement No.: 011325–033. 

Title: Westbound Transpacific 

Stabilization Agreement. 

Parties: American President Lines, 

Ltd.; APL Co. Pte Ltd.; China Shipping 

Container Lines Co., Ltd.; COSCO 

Container Lines Company Limited; 

Evergreen Marine Corporation (Taiwan), 

Ltd.; Hanjin Shipping Co., Ltd.; HapagLloyd Container Line GmbH; Kawasaki 

Kisen Kaisha, Ltd.; Mitsui O.S.K. Lines, 

Ltd.; Hyundai Merchant Marine Co. 

Ltd.; Kawasaki Kisen Kaisha Ltd.; 

Mitsui O.S.K. Lines, Ltd.; Nippon Yusen 

Kaisha Line; Orient Overseas Container 

Line Limited; and Yangming Marine 

Transport Corp. 

Filing Party: David F. Smith, Esq.; 

Sher & Blackwell; 1850 M Street, NW.; 

Suite 900; Washington, DC 20036. 

Synopsis: The amendment removes 

P&O Nedlloyd B.V. and P&O Nedlloyd 

Limited as parties to the agreement. 

Agreement No.: 011325–034. 

Title: Westbound Transpacific 

Stabilization Agreement. 

Parties: American President Lines, 

Ltd.; APL Co. Pte Ltd.; China Shipping 

Container Lines Co., Ltd.; COSCO 

Container Lines Company Limited; 

Evergreen Marine Corporation (Taiwan), 

Ltd.; Hanjin Shipping Co., Ltd.; HapagLloyd Container Line GmbH; Kawasaki 

Kisen Kaisha, Ltd.; Mitsui O.S.K. Lines, 

Ltd.; Hyundai Merchant Marine Co. 

Ltd.; Kawasaki Kisen Kaisha Ltd.; 

Mitsui O.S.K. Lines, Ltd.; Nippon Yusen 

Kaisha Line; Orient Overseas Container 

Line Limited; and Yangming Marine 

Transport Corp. 

Filing Party: David F. Smith, Esq.; 

Sher & Blackwell; 1850 M Street, NW.; 

Suite 900; Washington, DC 20036. 

Synopsis: The amendment modifies 

the agreement’s provisions regarding the 

rights and obligations of a withdrawing 

party. 

Agreement No.: 011409–012. 

Title: Transpacific Carrier Services, 

Inc. Agreement. 

Parties: American President Lines, 

Ltd.; APL Co. Pte Ltd.; Evergreen Marine 

Corporation (Taiwan), Ltd.; Hanjin 

Shipping Co., Ltd.; Hapag-Lloyd 

Container Linie GmbH; Hyundai 

Merchant Marine Co., Ltd.; Kawasaki 

Kisen Kaisha, Ltd.; Mitsui O.S.K. Lines, 

Ltd.; Nippon Yusen Kaisha; Orient 

Overseas Container Line Limited; Yang 

Ming Marine Transport Corp.; COSCO 

Container Lines Co., Ltd.; CMA CGM, 

S.A.; and China Shipping Container 

Lines Co., Ltd. 

Filing Party: David F. Smith, Esq.; 

Sher & Blackwell; 1850 M Street, NW.; 

Suite 900; Washington, DC 20036. 

Synopsis: The amendment removes 

P&O Nedlloyd B.V. and P&O Nedlloyd 

Limited as parties to the agreement. 

Agreement No.: 011870–001. 

Title: Indian Subcontinent Discussion 

Agreement.