50622 Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 

17 47 CFR 54.8(a)(1), (d). 

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

para. 69; 47 CFR 54.8(e)(1). 

19 47 CFR 54.8(e)(4). 

20 Id. 

21 47 CFR 54.8(e)(5). 

22See Second Report and Order, 18 FCC Rcd at 

9226, para. 70; 47 CFR 54.8(e)(5), 54.8(f). 

23 ‘‘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). 

24See Second Report and Order, 18 FCC Rcd at 

9226, para. 70; 47 CFR 54.8(e)(3). 

25Second Report and Order, 18 FCC Rcd at 9227, 

para. 74. 

26See id., 18 FCC Rcd at 9226, para. 70; 47 CFR 

54.8(e)(5). 

27 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 54.8(f). 

28Second Report and Order, 18 FCC Rcd at 9225, 

para. 67; 47 CFR 54.8(d), 54.8(g). 

29 Id. 

regarding the schools and libraries 

support mechanism.17 Your suspension 

becomes effective upon the earlier of 

your receipt of this letter or publication 

of notice in the Federal Register.18

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.19 Such requests, 

however, will not ordinarily be 

granted.20 The Bureau may reverse or 

limit the scope of suspension only upon 

a finding of extraordinary 

circumstances.21 Absent extraordinary 

circumstances, the Bureau will decide 

any request for reversal or modification 

of suspension within 90 days of its 

receipt of such request.22

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.23

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.24 Absent 

extraordinary circumstances, the Bureau 

will debar you.25 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.26 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.27

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.28 The 

Bureau may, if necessary to protect the 

public interest, extend the debarment 

period.29

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 Diana Lee, 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 Diana Lee, 

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 e-mail to 

diana.lee@fcc.gov and to 

vickie.robinson@fcc.gov. 

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 Ms. Vickie 

Robinson, Assistant Chief, 

Investigations and Hearings Division, by 

telephone at (202) 418–1420 and by email at vickie.robinson@fcc.gov. 

Sincerely, 

Hillary S. DeNigro, Chief, Investigations 

and Hearings Division, Enforcement 

Bureau. 

cc: Kristy Carroll, Esq., Universal 

Service Administrative Company 

(via e-mail) Michael Wood, 

Antitrust Division, United States 

Department of Justice (via mail) 

[FR Doc. E8–19877 Filed 8–26–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 08–1863] 

Notice of Debarment; Schools and 

Libraries Universal Service Support 

Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Enforcement Bureau (the 

‘‘Bureau’’) debars Mr. Earl Nelson from 

the schools and libraries universal 

service support mechanism (or ‘‘E–Rate 

Program’’) for a period of three years 

based on his conviction of collusion and 

aiding and abetting in connection with 

his participation in the program. The 

Bureau takes this action to protect the 

E–Rate Program from waste, fraud, and 

abuse. 

DATES: Debarment commences on the 

date Mr. Earl Nelson receives the 

debarment letter or August 27, 2008, 

whichever date come first, for a period 

of three years. 

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 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 50623 

1See 47 CFR 0.111(a), 54.8. 

2Letter from Hillary S. DeNigro, Chief, 

Investigations and Hearings Division, Enforcement 

Bureau, Federal Communications Commission, to 

Mr. Earl Nelson, Notice of Suspension and 

Initiation of Debarment Proceedings, 23 FCC Rcd 

8215 (Inv. & Hearings Div., Enf. Bur. 2008) 

(Attachment 1). 

3 73 FR 32581 (June 9, 2008). 

4See Notice of Suspension, 23 FCC Rcd at 8216–

18. 

5See 47 CFR 54.8 (e)(3) and (4). That date 

occurred no later than July 9, 2008. See supra note 

3. 

6See Notice of Suspension, 23 FCC Rcd at 8215–

16. 

7See id. at 8216. 

8 47 CFR 54.8(c). 

9See 47 CFR 54.8(g). See also Notice of 

Suspension, 23 FCC Rcd at 8217. 

10See 47 CFR 54.8(a)(1), 54.8(a)(5), 54.8(d); 

Notice of Suspension, 23 FCC Rcd at 8217–18. 

1Any further reference in this letter to ‘‘your 

conviction’’ refers to your guilty plea and 

subsequent conviction of collusion and aiding and 

abetting. United States v. Earl Nelson, Criminal 

Docket No. 3:05–CR–00208–CRB–011, Judgment 

(N.D.Cal. filed and entered Mar. 21, 2008) (‘‘Earl 

Nelson Judgment’’). See United States v. Video 

Network Communications, Inc. et al., Criminal 

Docket No. 3:05–CR–00208–CRB, Superseding 

Indictment at paras. 79–80 (N.D.Cal. filed Dec. 8, 

2005 and entered Dec. 12, 2005); http:// 

www.usdoj.gov/atr/cases/f213600/213626.htm 

(accessed May 1, 2008) (‘‘VNCI Superseding 

Indictment’’). 

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 

Continued 

telephone at (202) 418–1420 and by email at vickie.robinson@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Bureau debarred Mr. Earl Nelson from 

the schools and libraries universal 

service support mechanism for a period 

of three years pursuant to 47 CFR 54.8 

and 47 CFR 0.111. Attached is the 

debarment letter, DA 08–1863, which 

was mailed to Mr. Earl Nelson and 

released on August 7, 2008. The 

complete text of the notice of debarment 

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 

service 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. 

Vickie Robinson, 

Assistant Chief, Investigations and Hearings 

Division, Enforcement Bureau. 

The debarment letter, which attached 

the suspension letter, follows: 

August 7, 2008 

DA 08–1863 

VIA CERTIFIED MAIL 

RETURN RECEIPT REQUESTED AND 

FACSIMILE (415–621–4111) 

Mr. Earl Nelson 

c/o Richard B. Mazer, Esq. 

Law Offices of Richard Mazer 

99 Divisadero Street 

San Francisco, CA 94117 

Re: Notice of Debarment, File No. EB–

08–IH–1138 

Dear Mr. Nelson: 

Pursuant to section 54.8 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 May 19, 2008, the Enforcement 

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

of Suspension and Initiation of 

Debarment Proceedings (the ‘‘Notice of 

Suspension’’).2 That Notice of 

Suspension was published in the 

Federal Register on June 9, 2008.3 The 

Notice of Suspension suspended you 

from the schools and libraries universal 

service support mechanism and 

described the basis for initiation of 

debarment proceedings against you, 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, you pled guilty to and were 

convicted of collusion and aiding and 

abetting, in violation of 15 U.S.C. 1 and 

18 U.S.C. 2, in connection with your 

participation in the E–Rate program.6

You admitted to entering into and 

engaging in a conspiracy to suppress 

and restrain competition by submitting 

collusive, noncompetitive, and rigged 

bids for an E–Rate project.7 Such 

conduct constitutes the basis for your 

debarment, and your conviction falls 

within the categories of causes for 

debarment under section 54.8(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, 

Hillary S. DeNigro, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau. 

cc: Kristy Carroll, Esq., Universal Service 

Administrative Company (via e-mail) 

Michael Wood, Antitrust Division, 

United States Department of Justice (via 

mail). 

May 19, 2008 

DA 08–1180 

VIA CERTIFIED MAIL 

RETURN RECEIPT REQUESTED AND 

FACSIMILE (415–621–4111) 

Mr. Earl Nelson 

c/o Richard B. Mazer, Esq. 

Law Offices of Richard Mazer 

99 Divisadero Street 

San Francisco, CA 94117 

richardbmazer@yahoo.com 

Re: Notice of Suspension and Initiation 

of Debarment Proceedings, File No. EB–

08–IH–1138 

Dear Mr. Nelson: 

The Federal Communications 

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

has received notice of your conviction 

of collusion and aiding and abetting, in 

violation of 15 U.S.C. 1 and 18 U.S.C. 

2, 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
50624 Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 

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)). 

3See Second Report and Order, 18 FCC Rcd at 

9225, para. 66; Program Management Order, 22 FCC 

Rcd at 16387, para. 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). 

4 VNCI Superseding Indictment at paras. 79–80. 

5See id. The Commission debarred Inter-Tel 

Technologies, Inc. in 2006 for the company’s 

conviction for mail fraud and conspiracy to 

suppress and eliminate competition. See Inter-Tel 

Technologies, Inc., Notice to Debarment, 21 FCC 

Rcd 7506 (2006); 71 FR 42397 (2006). The following 

four individuals, who were also charged in the 

VNCI Superseding Indictment, have pled guilty or 

been found guilty and subsequently sentenced: Judy 

Green, George Marchelos, William Holman, and 

Allan Green. We are sending separate notices of 

suspension and initiation of debarment proceedings 

to these individuals. 

6 47 CFR 54.8(a)(4). See Second Report and Order, 

18 FCC Rcd at 9225–9227, paras. 67–74. 

7 47 CFR 54.8(a)(1), (d). 

8Second Report and Order, 18 FCC Rcd at 9226, 

para. 69; 47 CFR 54.8(e)(1). 

9 47 CFR 54.8(e)(4). 

10 Id. 

11 47 CFR 54.8(e)(5). 

12See Second Report and Order, 18 FCC Rcd at 

9226, para. 70; 47 CFR 54.8(e)(5), 54.8(f). 

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, 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). 

14See Second Report and Order, 18 FCC Rcd at 

9226, para. 70; 47 CFR 54.8(e)(3). 

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

para. 74. 

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

54.8(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 54.8(f). 

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

para. 67; 47 CFR 54.8(d), 54.8(g). 

19 Id. 

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 You pled guilty to 

collusion and aiding and abetting a 

scheme to defraud the E–Rate program.4

You admitted that, as a former branch 

manager of Inter-Tel Technologies, you 

entered into and engaged in a 

conspiracy with other defendants and 

co-conspirators to suppress and restrain 

competition by submitting collusive, 

noncompetitive, and rigged bids for an 

E-Rate project at the West Fresno 

Elementary School District in Fresno, 

California.5

Pursuant to section 54.8(a)(4) of the 

Commission’s rules,6 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.7 Your suspension 

becomes effective upon the earlier of 

your receipt of this letter or publication 

of notice in the Federal Register.8

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.9 Such requests, 

however, will not ordinarily be 

granted.10 The Bureau may reverse or 

limit the scope of suspension only upon 

a finding of extraordinary 

circumstances.11 Absent extraordinary 

circumstances, the Bureau will decide 

any request for reversal or modification 

of suspension within 90 days of its 

receipt of such request.12

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.13

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.14 Absent 

extraordinary circumstances, the Bureau 

will debar you.15 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.16 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.17

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.18 The 

Bureau may, if necessary to protect the 

public interest, extend the debarment 

period.19

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 Diana Lee, 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 Diana Lee, 

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 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 50625 

diana.lee@fcc.gov and to 

vickie.robinson@fcc.gov. 

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 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) 

Michael Wood, Antitrust Division, 

United States Department of Justice (vial 

mail) 

[FR Doc. E8–19878 Filed 8–26–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Deletion of Agenda Items From August 

22, 2008, Open Meeting 

August 21, 2008. 

The following items have been 

deleted from the list of Agenda items 

scheduled for consideration at the 

August 22, 2008, Open Meeting and 

previously listed in the Commission’s 

Notice of August 15, 2008, 73 FR 49200, 

August 20, 2008. Item No. 3 has been 

adopted by the Commission. 

Item No. Bureau Subject 

1 ......................... Wireless Tele-Communications.Title: Reexamination of Roaming Obligations of Commercial Mobile Radio Service Providers 

(WT Docket No. 05–265). 

Summary: The Commission will consider a Memorandum Opinion and Order on Reconsideration addressing petitions for reconsideration of the Report and Order. 

3 ......................... Media ...................................... Title: Carriage of Digital Television Broadcast Signals: Amendment to Part 76 of the Commission’s Rules. 

Summary: The Commission will consider a Fourth Report and Order concerning issues related to mandatory cable carriage of digital broadcast television signals after the conclusion of the digital (‘‘DTV’’) transition. 

Federal Communications Commission. 

William F. Caton, 

Deputy Secretary. 

[FR Doc. E8–19982 Filed 8–25–08; 4:15 pm] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Sunshine Act Meeting; Open 

Commission Meeting Scheduled for 

Friday, August 22, 2008, Cancelled 

August 22, 2008. 

The Federal Communications 

Commission has cancelled the Open 

Meeting on the subject listed below, and 

previously scheduled for Friday, August 

22, 2008, at 445 12th Street, SW., 

Washington, DC. This item was 

previously listed in the Commission’s 

Notice of August 15, 2008, 73 FR 49200, 

August 20, 2008. 

Item No. Bureau Subject 

2 .................... Wireline Competition ................ Title: Implementation of the NET 911 Improvement Act. 

Summary: The Commission will consider a Notice of Proposed Rulemaking regarding implementation of the New and Emerging Technologies 911 Improvement Act of 2008. 

Additional information concerning 

this meeting may be obtained from 

Audrey Spivack or David Fiske, Office 

of Media Relations, (202) 418–0500; 

TTY 1–888–835–5322. 

Federal Communications Commission. 

William F. Caton, 

Deputy Secretary. 

[FR Doc. E8–19981 Filed 8–26–08; 4:15 pm] 

BILLING CODE 6712–01–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 agreements 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 Web site 

(http://www.fmc.gov) or contacting the 

Office of Agreements at (202) 523–5793 

or tradeanalysis@fmc.gov. 

Agreement No.: 010714–043. 

Title: Trans-Atlantic American Flag 

Liner Operators Agreement. 

Parties: American President Lines, 

Ltd.; American Roll-On Roll-Off Carrier, 

LLC; Maersk Line Limited; and HapagLloyd USA, LLC. 

Filing Party: Howard A. Levy, Esq.; 80 

Wall Street, Suite 1117; New York, NY 

10005. 

Synopsis: The amendment deletes all 

authority for members to discuss or 

agree upon ocean port to port or other 

tariff rates or rules applicable to 

transportation between the United 

States and Europe. 

Agreement No.: 011426–041. 

Title: West Coast of South America 

Discussion Agreement. 

Parties: APL Co. Pte Ltd.; Compania 

Chilena de Navigacion Interoceanica, 

S.A.; Compania Sud Americana de 

Vapores, S.A.; Frontier Liner Services, 

Inc.; Hamburg-Su ̈d; King Ocean Services 

Limited, Inc.; Maruba S.C.A.; 

Mediterranean Shipping Company, S.A.; 

Seaboard Marine Ltd.; South Pacific 

Shipping Company, Ltd.; and Trinity 

Shipping Line. 

Filing Party: Wayne R. Rohde, Esq.; 

Sher & Blackwell LLP; 1850 M Street, 

NW.; Suite 900; Washington, DC 20036. 

Synopsis: The amendment removes 

Hapag-Lloyd AG as a party to the 

agreement. 

Dated: August 22, 2008. 


sroberts on PROD1PC70 with NOTICES