3732 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 

further reduce the information 

collection burden for small business 

concerns with fewer than 25 employees. 

The FCC 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. 

DATES: Written Paperwork Reduction 

Act (PRA) comments should be 

submitted on or before February 22, 

2010. 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 FCC contact listed below as 

soon as possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, Office of 

Management and Budget, via fax at 202– 

395–5167 or the Internet at 

Nicholas_A._Fraser@omb.eop.gov; and 

to the Federal Communications 

Commission’s PRA mailbox (e-mail 

address: PRA@fcc.gov.). Include in the 

e-mail the OMB control number of the 

collection as shown in the 

SUPPLEMENTARY INFORMATION section 

below, or if there is no OMB control 

number, the Title as shown in the 

SUPPLEMENTARY INFORMATION section. If 

you are unable to submit your 

comments by e-mail, contact he person 

listed below to make alternate 

arrangements. 

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: The 

Commission is seeking emergency 

processing of this information collection 

by February 12, 2010. 

OMB Control Number: 3060–XXXX. 

Title: Revisions to Rules Authorizing 

the Operation of Low Power Auxiliary 

Stations (Wireless Microphones). 

Form No.: N/A. 

Type of Review: New collection. 

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

State, local or Tribal government. 

Number of Respondents: 7,200 

respondents; 129,600 responses. 

Estimated Time per Response: .25 

hours (15 minutes)—.50 hours (30 

minutes). 

Frequency of Response: On occasion 

reporting requirement and third party 

disclosure requirement. 

Obligation to Respond: Mandatory. 

Statutory authority for this information 

collection is contained in 47 U.S.C. 

sections 151, 152, 154(i), 154(j), 301, 

302a, 303, 304, 307, 308, 309, 316, 332, 

336, and 337. 

Total Annual Burden: 32,925 hours. 

Total Annual Cost: $1,625,000. 

Privacy Act Impact Assessment: N/A. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality. 

Needs and Uses: The Commission 

will submit this new information 

collection (IC) to the OMB under their 

emergency processing provisions in 5 

CFR 1320.13. The Commission is 

requesting OMB approval by February 

12, 2010 so that the information can go 

into effect as soon as possible. 

The Commission is requesting OMB 

approval for notice, disclosure and 

labeling requirements to allow the 

Commission to implement important 

disclosure requirements in order to clear 

the 700 MHz band of wireless 

microphones and provide them a home 

in the core TV spectrum, where many 

wireless microphones are already 

operating. 

First, it is essential for the early 

clearing mechanism to be available as 

soon as possible so that public safety 

and commercial licensees in the 700 

MHz band can avoid harmful 

interference from wireless microphone 

users still operating in that band. The 

potential for public harm is particularly 

apparent in the case of public safety 

licensees such as police and fire 

departments. Some public safety 

licensees are already operating in the 

700 MHz band, and more are expected 

to commence operation soon. 

Interference from wireless microphones 

could affect the ability of these officials 

to communicate during an emergency 

and therefore could create a serious 

threat to public health and safety. 

Second, the point-of-sale disclosure 

requirement is also essential for a 

successful transition of wireless 

microphones out of the 700 MHz band. 

The Commission anticipates that many 

wireless microphone users currently 

operating in the 700 MHz band will 

have to purchase or lease new 

equipment capable of operating in the 

core TV spectrum. The point-of-sale 

disclosure requirement will help these 

consumers make an educated decision 

as they obtain new microphones, and it 

will help them operate in the core TV 

spectrum without causing interference 

to other services in that spectrum. 

Third, a label on 700 MHz band 

wireless microphones bound for export 

will help to ensure that these wireless 

microphones do not continue to be 

made available for use in the United 

States, in contravention of our efforts to 

remove them from the band. 

The effective date proposed by the 

Commission provides for these early 

clearing and consumer disclosure 

measures to commence as early as 

possible. Due to the limited period of 

time for which two of the requirements 

(the early clearing mechanism and the 

point-of-sale disclosure requirements) 

will be in effect, and the urgent need to 

ensure that wireless microphone users 

transition out of the 700 MHz band, we 

find there is good cause to obtain 

emergency OMB approval for these 

requirements, so that the requirements 

may take effect as soon as practicable 

thereafter. 

Marlene F. Dortch, 

Secretary, Federal Communications 

Commission. 

[FR Doc. 2010–1152 Filed 1–21–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 10–35] 

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. Leonard 

Douglas LaDuron’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. 

LaDuron, 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 February 22, 2010. 

However, an opposition request by the 

party to be suspended must be received 

30 days from the receipt of the 

suspension letter or February 22, 2010, 

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. 

ADDRESSES: Federal Communications 

Commission, Enforcement Bureau, 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 3733 

1Any further reference in this letter to ‘‘your 

conviction’’ refers to your guilty plea and 

subsequent conviction of counts one and three for 

conspiracy to commit mail fraud, wire fraud and 

making false statements. United States v. Leonard 

Douglas LaDuron, Criminal Docket No. 

2:08CR20055–001–KHV, Petition to Enter Plea (D. 

Kan. filed June 29, 2009 and entered June 30, 2009) 

(‘‘Leonard LaDuron Plea’’); United States v. Leonard 

Douglas LaDuron, Criminal Docket No. 

2:08CR20055–001–KHV, Judgment (D. Kan. filed 

and entered Dec. 23, 2009) (‘‘Leonard LaDuron 

Judgment’’). See also United States v. Leonard 

Douglas ‘‘Doug’’ LaDuron, Criminal Docket No. 

2:08CR20055–001–KHV, Indictment, 1–10, 11–14 

(D. Kan. filed Apr. 24, 2009 and entered Apr. 25, 

2009) (Counts 1 and 3) (‘‘LaDuron Indictment’’). 

2 47 CFR § 54.8. See also 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 of the Commission’s rules 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 

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)). 

3Second 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 54.8(a)(6). 

4Also known as Doug LaDuron. See Leonard 

LaDuron Indictment. 

5See supra note 1. See Leonard LaDuron Plea. 

See also Department of Justice Press Release (Dec. 

16, 2009), available at http://kansascity.fbi.gov/ 

dojpressrel/pressrel09/kc121609a.htm (DOJ 

December 2009 Press Release). 

6 LaDuron Indictment at 4–5. 

7 LaDuron Indictment at 4; Leonard LaDuron Plea 

at 1–2. 

8 LaDuron Indictment at 4–10, 11–12; Leonard 

LaDuron Plea at 1–3. 

9 LaDuron Indictment at 8. See also DOJ 

December 2009 Press Release at 1 

10See Leonard LaDuron Judgment at 1–3, 5 

(ordering $238,609 for your role in the schemes; 

$217,771 in restitution to USAC and $20,838). See 

also DOJ December 2009 Press Release at 1. 

11 47 CFR 54.8(b)–(e); see also 47 CFR 54.8(a)(4). 

See also Second Report and Order, 18 FCC Rcd at 

9225–27, ¶¶ 67–74. 

Investigations and Hearings Division, 

Room 4–C330, 445 12th Street, SW., 

Washington, DC 20554. 

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. 

Michele Levy Berlove, Acting Assistant 

Chief, Investigations and Hearings 

Division, by telephone at (202) 418– 

1477 and by e-mail at 

Michele.Berlove@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 10–35, which was 

mailed to Mr. LaDuron and released on 

January 12, 2010. 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: 

January 12, 2010. 

DA 10–35 

Via Certified Mail Return Receipt 

Requested and e-mail 

(jmorris@bowse-law.com) and 

facsimile (913) 649–9399 

Mr. Leonard Douglas LaDuron, c/o 

Jeffrey D. Morris, Berkowitz Oliver 

Williams Shaw & Eisenbrandt, LLP, 

4200 Somerset, Suite #150, Prairie 

Village, KS 66208–5213. 

Re: Notice of Suspension and Initiation 

of Debarment Proceedings, File No. EB– 

10–IH–0108 

Dear Mr. LaDuron: The Federal 

Communications Commission (‘‘FCC’’ or 

‘‘Commission’’) has received notice of 

your guilty plea for conspiracy to 

commit mail fraud, wire fraud and 

making false statements in violation of 

18 U.S.C. 2, 371, 1341, 1343 and 1001 

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

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 June 29, 2009, you, 

Leonard Douglas LaDuron,4 pleaded 

guilty to conspiracy to commit mail 

fraud, wire fraud, and making false 

statements in connection with your 

participation in the E-Rate program.5

Specifically, between 1999 and 2003, 

you held yourself out as an E-Rate 

consultant and salesperson for the 

purpose of defrauding the E-Rate 

Program.6 You admitted that you and 

others devised a scheme to defraud 

school districts and the E-Rate program 

by steering contracts to various 

companies that directly benefited you, 

your conspirators, and your companies, 

primarily Elephantine Corporation, 

Serious ISP, Inc., and Myco 

Technologies, Inc.7 In furtherance of the 

scheme, you submitted fraudulent and 

false documents to the Universal 

Service Administrative Company 

(‘‘USAC’’) claiming schools were paid or 

would pay their co-pay, submitted other 

materially false and fraudulent 

documents, and concealed your true 

identities, ownerships, and 

relationships from the school districts to 

induce schools to select your companies 

as service providers in violation of ERate Program rules.8 Ultimately, your 

scheme induced at least ten schools, in 

seven different states, to award contracts 

to your companies.9

On December 23, 2009, you were 

sentenced to serve fifty-seven months in 

federal prison, to be followed by thirtysix months of supervised release for 

your role in the scheme to defraud the 

E-Rate program. You were also ordered 

to pay $238,609 in restitution for your 

role in the scheme.10

Pursuant to section 54.8 of the 

Commission’s rules, your conviction 

requires the Bureau to suspend you 

from participating in any activities 

associated with or related to the schools 

and libraries support mechanism.11


erowe on DSK5CLS3C1PROD with NOTICES
3734 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 

12 47 CFR 54.8(a)(1); see also 47 CFR 54.8(a)(3). 

13 47 CFR 54.8(a)(7), (e)(1); see also Second 

Report and Order, 18 FCC Rcd at 9226, ¶ 69. 

14 47 CFR 54.8(e)(4). 

15 Id. 

16 Id. 

17 47 CFR 54.8(e)(5). 

18See Second Report and Order, 18 FCC Rcd at 

9226, ¶ 70; 47 CFR 54.8(e)(5), (f). 

19 ‘‘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 54.8(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 mechanism.’’ 47 CFR 54.8(a)(1). 

20See 47 CFR 54.8(b), (c). 

21See 47 CFR 54.8(e)(3), (e)(5); see also Second 

Report and Order, 18 FCC Rcd at 9226, ¶ 70. 

22 47 CFR 54.8(e)(5); see also Second Report and 

Order, 18 FCC Rcd at 9227, ¶ 74. 

23See 47 CFR 54.8(e)(5), (f); see also Second 

Report and Order, 18 FCC Rcd at 9226, ¶ 70. 

24 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). 

25Second Report and Order, 18 FCC Rcd at 9225, 

¶ 67; 47 CFR 54.8(d), (g). 

26 47 CFR 54.8(g). 

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 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, pending the Bureau’s 

final debarment determination.13 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.14 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.15 Such requests, 

however, will not ordinarily be 

granted.16 The Bureau may reverse or 

limit the scope of suspension only upon 

a finding of extraordinary 

circumstances.17 The Bureau will 

decide any request for reversal or 

modification of suspension within 90 

days of its receipt of such request.18

II. Initiation of Debarment Proceedings 

Your guilty plea and 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.19

Therefore, pursuant to section 54.8 of 

the Commission’s rules, your conviction 

requires the Bureau to commence 

debarment proceedings against you.20

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.21 Absent 

extraordinary circumstances, the Bureau 

will debar you.22 The Bureau will 

decide any request for reversal or 

limitation of debarment within 90 days 

of receipt of such request.23 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.24

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 three 

years from the date of debarment.25 The 

Bureau may, if necessary to protect the 

public interest, extend the debarment 

period.26

Please direct any response, if by 

messenger or hand delivery, to Marlene 

H. Dortch, Secretary, Federal 

Communications Commission, 445 12th 

Street, SW., Room TW–A325, 

Washington, DC 20554, to the attention 

of Rebekah Bina, Attorney Advisor, 

Investigations and Hearings Division, 

Enforcement Bureau, Room 4–C330, 

with a copy to Michele Levy Berlove, 

Acting 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, S.W., 

Room 4–C330, Washington, DC 20554, 

with a copy to Michele Levy Berlove, 

Acting 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 

Michele.Berlove@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. 

Michele Levy Berlove, Acting Assistant 

Chief, Investigations and Hearings 

Division, by telephone at (202) 418– 

1477 and by e-mail at 

Michele.Berlove@fcc.gov. 

Sincerely, 

Hillary S. DeNigro, 

Chief, Investigations & Hearings Division, 

Enforcement Bureau. 

[FR Doc. 2010–1219 Filed 1–21–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

2009 HHS Poverty Guidelines 

Extended Until March 1, 2010 

AGENCY: Department of Health and 

Human Services. 

ACTION: Notice. 

SUMMARY: This notice advises that, 

pursuant to section 1012 of the 

Department of Defense Appropriations 

Act, 2010, the 2009 Department of 

Health and Human Services (HHS) 

poverty guidelines will remain in effect 

until updated 2010 poverty guidelines 

are published, which shall not take 

place before March 1, 2010. 

DATES: Effective Date: Date of 

publication. 

ADDRESSES: Office of the Assistant 

Secretary for Planning and Evaluation, 

Room 404E, Humphrey Building, 

Department of Health and Human 

Services, Washington, DC 20201. 

FOR FURTHER INFORMATION CONTACT: For 

information about how the guidelines 

are used or how income is defined in a 

particular program, contact the Federal, 

State, or local office that is responsible 

for that program. For information about 

poverty figures for immigration forms, 

the Hill-Burton Uncompensated 

Services Program, and the number of 

people in poverty, use the specific 

telephone numbers and addresses given 

below. 

For general questions about the 

poverty guidelines themselves, contact 


erowe on DSK5CLS3C1PROD with NOTICES