Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 50969 

broadcast workforce, identifies each 

staff member by gender and race/ 

ethnicity. Broadcast licensees or 

permittees with five or more full-time 

employees are required to file Form 

395–B on or before September 30th of 

each year. Although licensees or 

permittees with fewer than five full-time 

employees are not required to file, if 

they do, they need to complete and file 

only Sections I, II and IV of the FCC 

Form 395–B, but not the portions 

requiring workforce information, and 

thereafter need not file again unless 

their employment increases to five or 

more full-time employees. 

In Review of the Commission’s 

Broadcast and Cable Equal Employment 

Opportunity Rules and Policies, MM 

Docket No. 98–204, Third Report and 

Order and Fourth Notice of Proposed 

Rulemaking, 69 FR 34950, June 23, 

2004, 19 FCC Rcd 9773 (2004) (‘‘2004 

Order’’), the Commission considered 

issues relating to the Annual 

Employment Report forms, including 

Form 395–B. In the 3rd R&O, the 

Commission adopted revised rules 

requiring broadcasters and multichannel 

video programming distributors 

(MVPDs) to file annual employment 

reports. Radio and television 

broadcasters will use Form 395–B to file 

annual employment reports. The intent 

of the 3rd R&O is to reinstate and 

update requirements for broadcasters 

and MVPDs to file annual employment 

reports. The intent of the Fourth Notice 

of Proposed Rulemaking, which remains 

pending, was to provide time for 

MVPDs, broadcast licensees, and the 

public to address the issue of whether 

the Commission should keep these 

forms confidential after they are filed. 

With the effective date of the 

rulemaking deciding the confidentiality 

issue, MVPDs and broadcasters must 

start keeping records of their employees 

so they can prepare their annual 

employment reports due to be filed on 

the first due date thereafter. 

In its 2004 Order, the Commission 

stated that Form 395–B conformed to 

the racial and employment categories 

contained in the then-existing Form 

EEO–1 Employer Information Report 

issued by the Equal Employment 

Opportunity Commission (‘‘EEOC’’). 

2004 Order, at 9977–78. 

The Order noted that the EEOC had 

proposed to revise its EEO–1 form to 

incorporate new racial and employment 

categories approved by OMB. It also 

noted that, when the revised EEO–1 

form was released, the Commission 

would review its Form 395–B to 

determine what changes were needed to 

comply with the new OMB standards, 

and whether it could conform Form 

395–B to those standards consistent 

with Section 334 of the 

Communications Act of 1934, as 

amended (the ‘‘Act’’). 47 U.S.C. 334; see 

2004 Order at 9978. 

With the EEOC’s release of the EEO–

1 incorporating revised racial and 

employment categories, the FCC’s 

Media Bureau sought public comment 

(‘‘Media Bureau Seeks Comment on 

Possible Changes to FCC Forms 395–A 

and 395–B,’’ Public Notice DA 08–752, 

released April 11, 2008; 73 FR 21346, 

April 21, 2008) (‘‘Public Notice’’) on 

whether to incorporate the EEOC’s 

revised categories and whether such 

changes would be consistent with 

Section 334 of the Act. The public 

comment period ended on June 6, 2008, 

and the Commission has completed its 

review of all the comments and reply 

comments. The Commission did not 

receive any comments opposing the 

incorporation of the EEOC’s revised 

categories in the FCC’s annual 

employment reports. 

The Commission has concluded that 

the proposed changes to FCC Form 395–

B are consistent with Section 334 of the 

Act, which allows the FCC to make nonsubstantive technical or clerical 

revisions to annual employment reports 

in order to reflect changes in, inter alia, 

terminology. Because these changes do 

not subtract any information requested 

on the form, but rather seek more detail 

on race identification and official/ 

manager occupations, with minor 

changes in terminology, we concluded 

that they are consistent with Section 

334. 47 U.S.C. 334. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–20143 Filed 8–28–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 08–1862] 

Notice of Debarment; Schools and 

Libraries Universal Service Support 

Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Federal Communications 

Commission (the ‘‘Commission’’) debars 

Mr. Allan Green from the schools and 

libraries universal service support 

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

period of three years based on his 

conviction of conspiracy to commit mail 

fraud 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. Allan Green receives the 

debarment letter or August 29, 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 

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

SUPPLEMENTARY INFORMATION: The 

Commission debarred Mr. Allan Green 

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 08–1862, which 

had the suspension letter, DA 08–1179 

attached, and was mailed to Mr. Allan 

Green 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 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 e-mail 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 08–1862. 

Via Certified Mail; Return Receipt 

Requested and E-Mail. 

Mr. Allan Green, c/o Mark Rosenbush, 

Esq., Attorney at Law, 214 Duboce 

Avenue, San Francisco, CA 94103. 

Re: Notice of Debarment, File No. EB–

08–IH–1141. 

mstockstill on PROD1PC66 with NOTICES

50970 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 

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. Allan Green, Notice of Suspension and 

Initiation of Debarment Proceedings, 23 FCC Rcd 

8211 (Inv. & Hearings Div., Enf. Bur. 2008) 

(Attachment 1). 

3 73 FR 32579 (June 9, 2008). 

4See Notice of Suspension, 23 FCC Rcd at 8212–

14. 

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 8211–

12. 

7See id. at 8212. 

8 47 CFR 54.8(c). 

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

Suspension, 23 FCC Rcd at 8213. 

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

Notice of Suspension, 23 FCC Rcd at 8214. 

1Any further reference in this letter to ‘‘your 

conviction’’ refers to your guilty plea and 

subsequent conviction of conspiracy to commit 

mail fraud. See United States v. Allan Green, 

Criminal Docket No. 3:05–CR–00208–CRB–009, 

Judgment (N.D.Cal. filed and entered Apr. 10, 2008) 

(‘‘Allan Green Judgment’’), Substitute Information 

(N.D.Cal. filed Apr. 9, 2007 and entered Apr. 10, 

2007) (‘‘Allan Green Substitute Information’’). See 

United States v. Video Network Communications, 

Inc. et al., Criminal Docket No. 3:05–CR–00208–

CRB, Superseding Indictment (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 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). 

4See Allan Green Substitute Information at paras. 

2, 6. The following four individuals, who were also 

charged in the VNCI Superseding Indictment, have 

pled guilty or been found guilty, and subsequently 

have been sentenced: Judy Green, George 

Marchelos, Earl Nelson, and William Holman. We 

are sending separate notices of suspension and 

initiation of debarment proceedings to these 

individuals. VNCI and ADJ are now defunct; 

charges against the companies have been dropped. 

Dear Mr. Green: 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 conspiracy to commit mail 

fraud, in violation of 18 U.S.C. 71, in 

connection with your participation in 

the Philadelphia Academy (‘‘Academy’’) 

E-Rate project (‘‘Project’’).6 You 

admitted to participating in a 

conspiracy whereby you and others 

(collectively ‘‘co-conspirators’’), among 

other things, misrepresented to 

Academy employees that coconspirators would be able to obtain a 

grant to cover the Academy’s share of 

the cost of the Project, provided false 

and misleading documents to the 

Universal Service Administrative 

Company (‘‘USAC’’) indicating the 

Academy has secured access to funding 

from an independent source, and 

misrepresented to USAC the share of the 

Project’s costs that USAC would be 

paying.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 email). Michael Wood, Antitrust 

Division, United States Department of 

Justice (via mail). 

May 19, 2008. 

DA 08–1179. 

Via Certified Mail Return Receipt 

Requested and E-Mail. 

Mr. Allan Green, c/o Mark Rosenbush, 

Esq., Attorney at Law, 214 Duboce 

Avenue, San Francisco, CA 94103. 

Re: Notice of Suspension and 

Initiation of Debarment 

Proceedings, File No. EB–08–IH–

1141. 

Dear Mr. Green: The Federal 

Communications Commission (‘‘FCC’’

or ‘‘Commission’’) has received notice of 

your conviction of conspiracy to commit 

mail fraud, in violation of 18 U.S.C. 371, 

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 You pled guilty to 

conspiracy to commit mail fraud 

through your activities as a principal of 

ADJ Consultants, Inc. (‘‘ADJ’’) in 

relation to the Philadelphia Academy 

(‘‘the Academy’’) E-Rate project (the 

‘‘Project’’).4 Specifically, you admitted 

that you and others (collectively ‘‘coconspirators’’) met with Academy 

employees, obtained their agreement to 

utilize ADJ services for the Project, and 

told Academy employees that coconspirators would be able to obtain a 

grant to cover the Academy’s share of 

mstockstill on PROD1PC66 with NOTICES

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