Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 50971 

5See Allan Green Substitute Information at para. 

5. 

6See id. 

7 47 CFR 54.8(a)(4). See Second Report and Order, 

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

8 47 CFR 54.8(a)(1), (d). 

9Second Report and Order, 18 FCC Rcd at 9226, 

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

10 47 CFR 54.8(e)(4). 

11 Id. 

12 47 CFR 54.8(e)(5). 

13See Second Report and Order, 18 FCC Rcd at 

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

14 ‘‘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). 

15See Second Report and Order, 18 FCC Rcd at 

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

16Second Report and Order, 18 FCC Rcd at 9227, 

para. 74. 

17See id., 18 FCC Rcd at 9226, para. 70; 47 CFR 

54.8(e)(5). 

18 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). 

19Second Report and Order, 18 FCC Rcd at 9225, 

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

20 Id. 

the Project’s costs.5 You admitted that 

the co-conspirators further agreed and 

submitted to the Universal Service 

Administrative Company ‘‘(USAC’’) 

false and misleading documents 

indicating that the Academy had 

secured access to funding from an 

independent foundation and that the coconspirators also misrepresented the 

share of the Project’s costs that USAC 

would be paying.6

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

Commission’s rules,7 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.8 Your suspension 

becomes effective upon the earlier of 

your receipt of this letter or publication 

of notice in the Federal Register.9

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.10 Such requests, 

however, will not ordinarily be 

granted.11 The Bureau may reverse or 

limit the scope of suspension only upon 

a finding of extraordinary 

circumstances.12 Absent extraordinary 

circumstances, the Bureau will decide 

any request for reversal or modification 

of suspension within 90 days of its 

receipt of such request.13

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.14

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.15 Absent 

extraordinary circumstances, the Bureau 

will debar you.16 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.17 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.18

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.19 The 

Bureau may, if necessary to protect the 

public interest, extend the debarment 

period.20

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 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 (via mail). 

[FR Doc. E8–20145 Filed 8–28–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[Report No. 2872] 

Petitions for Reconsideration and 

Clarification of Action in Rulemaking 

Proceeding 

August 20, 2008. 

Petitions for Reconsideration have 

been filed in the Commission’s 

Rulemaking proceeding listed in this 

Public Notice and published pursuant to 

47 CFR Section 1.429(e). The full text of 

mstockstill on PROD1PC66 with NOTICES

50972 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 

1 In the Matter of Petition for Declaratory Ruling 

to Clarify Provisions of section 332(c)(7)(B) to 

Ensure Timely Siting Review and to Preempt under 

section 253 State and Local Ordinances that 

Classify All Wireless Siting Proposals as Requiring 

a Variance, Petition for Declaratory Ruling, WT 

Docket No. 08–165, filed July 11, 2008 (Petition). 

2 47 U.S.C. 253(a). 

3Petition at iii. 

these documents 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 September 15, 

2008. See Section 1.4(b)(1) of the 

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

Replies to oppositions must be filed 

within 10 days after the time for filing 

oppositions have expired. 

Subject: In the Matter of 

Telecommunications Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities (CG Docket No. 03–123). 

E911 Requirements for IP-Enabled 

Service Providers (WC Docket No. 05–

196). 

Number of Petitions Filed: 2. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–20126 Filed 8–28–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 08–1913; WT Docket No. 08–165] 

Wireless Telecommunications Bureau 

Seeks Comment on Petition for 

Declaratory Ruling by CTIA—The 

Wireless Association To Clarify 

Provisions of Section 332(c)(7)(B) To 

Ensure Timely Siting Review and To 

Preempt Under Section 253 State and 

Local Ordinances That Classify All 

Wireless Siting Proposals as Requiring 

a Variance 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: In this document, comment is 

sought on a July 11, 2008 petition for 

Declaratory Ruling (Petition) filed by 

CTIA—The Wireless Association 

(Petitioner). The Petitioner asks the 

Federal Communications Commission 

to clarify the provisions of section 

332(c)(7)(B)(v) of the Communications 

Act, as amended, that Petitioner 

contends are ambiguous and that have 

been unreasonably interpreted. 

Petitioner further requests that the 

Commission preempt local ordinances 

and state laws that Petitioner believes 

violate section 253(a) of the 

Communications Act, as amended. 

DATES: Interested parties may file 

comments on or before September 15, 

2008, and reply comments on or before 

September 30, 2008. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 08–165, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• Mail: Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although we continue to experience 

delays in receiving U.S. Postal Service 

mail). All filings must be addressed to 

the Commission’s Secretary, Office of 

the Secretary, Federal Communications 

Commission. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202–

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Michael Rowan, Spectrum and 

Competition Policy Division, Wireless 

Telecommunications Bureau at (202) 

418–1883 or Michael.Rowan@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s public 

notice released on August 14, 2008. The 

full text of the public notice is available 

for public inspection and copying 

during business hours in the FCC 

Reference Information Center, Portals II, 

445 12th Street, SW., Room CY–A257, 

Washington, DC 20554. It also may be 

purchased from the Commission’s 

duplicating contractor at Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20554; the contractor’s 

Web site, http://www.bcpiweb.com; or 

by calling (800) 378–3160, facsimile 

(202) 488–5563, or e-mail 

FCC@BCPIWEB.com. Copies of the 

public notice also may be obtained via 

the Commission’s Electronic Comment 

Filing System (ECFS) by entering the 

docket number, WT Docket No. 08–165. 

Additionally, the complete item is 

available on the Federal 

Communications Commission’s Web 

site at http://www.fcc.gov. 

On July 11, 2008, CTIA—The Wireless 

Association (CTIA) filed a petition 

requesting that the Federal 

Communications Commission 

(Commission) issue a Declaratory Ruling 

clarifying provisions of the 

Communications Act of 1934, as 

amended (Communications Act) 

regarding state and local review of 

wireless facility siting applications.1

CTIA seeks clarification of provisions in 

section 332(c)(7) of the Communications 

Act that it contends are ambiguous and 

that it claims have been interpreted in 

a manner that has allowed certain 

zoning authorities to impose 

unreasonable impediments to wireless 

facility siting and the provision of 

wireless services. CTIA also requests 

that the Commission preempt local 

ordinances and state laws that it states 

subject wireless facility siting 

applications to unique, burdensome 

requirements, in violation of section 

253(a) of the Communications Act, 

which bars state and local laws that 

‘‘prohibit or have the effect of 

prohibiting the ability of any entity to 

provide any interstate or intrastate 

telecommunications service.’’ 2

Specifically, in its petition, CTIA asks 

the Commission to take four actions 

relating to the time frames in which 

zoning authorities must act on siting 

requests, their power to restrict 

competitive entry by multiple providers 

in a given area, and their ability to 

impose certain procedural requirements 

on wireless service providers. First, to 

eliminate an ambiguity that CTIA 

contends currently exists in section 

332(c)(7)(B)(v) of the Communications 

Act, CTIA asks the Commission to 

clarify the time period in which a state 

or local zoning authority will be deemed 

to have failed to act on a wireless 

facility siting application. CTIA states 

that ‘‘the Commission should issue a 

declaratory ruling explaining that (1) a 

failure to act on a wireless facility siting 

application only involving collocation 

occurs if there is no final action within 

45 days from submission of the request 

to the local zoning authority; and (2) a 

failure to act on any other wireless 

siting facility application occurs if there 

is no final action within 75 days from 

submission of the request to the local 

zoning authority.’’ 3 Second, citing the 

requirement in section 332(c)(7)(B)(ii) of 

the Communications Act that state and 

local governments act on wireless 

facility siting applications within a 

reasonable time, CTIA asks the 

Commission to implement procedural 

steps whereby, if a zoning authority fails 

mstockstill on PROD1PC66 with NOTICES