[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Notices]
[Pages 53868-53870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21723]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 08-2041]


Notice of Suspension and Initiation of Debarment Proceedings; 
Schools and Libraries Universal Service Support Mechanism

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (the ``Bureau'') gives notice of Mr. 
Joseph E. Mello'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. Mello, 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 October 17, 2008. 
However, an opposition request by the party to be suspended must be 
received 30 days from the receipt of the suspension letter or October 
17, 2008, 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.

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 
<a href="/cdn-cgi/l/email-protection#92c0f7f0f7f9f3fabcd0fbfcf3d2f4f1f1bcf5fde4"><span class="__cf_email__" data-cfemail="56043334333d373e78143f38371630353578313920">[email protected]</span></a>. 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 e-mail at 
<a href="/cdn-cgi/l/email-protection#5e28373d35373b702c313c37302d31301e383d3d70393128"><span class="__cf_email__" data-cfemail="89ffe0eae2e0eca7fbe6ebe0e7fae6e7c9efeaeaa7eee6ff">[email protected]</span></a>.

[[Page 53869]]


SUPPLEMENTARY INFORMATION: The Bureau has suspension and debarment 
authority pursuant to 47 CFR 54.8 and 47 CFR 0.111. 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 08-2041, 
which was mailed to Mr. Mello and released on September 4, 2008. The 
complete text of the notice of suspension 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.
Hillary DeNigro,
Chief, Investigations and Hearings Division, Enforcement Bureau.

    The attached is the Suspension and Initiation of Debarment Letter 
to Mr. Joseph E. Mello.

September 4, 2008

DA 08-2041

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED AND E-MAIL

Mr. Joseph E. Mello, c/o Michael O. Sheehan, Esq., Sheehan & Reeve, 139 
Orange St., Suite 301, New Haven, CT 06510

Re: Notice of Suspension and Initiation of Debarment Proceedings, File 
No. EB-08-IH-1615

    Dear Mr. Mello: The Federal Communications Commission (``FCC'' or 
``Commission'') has received notice of your conviction of mail fraud, 
in violation of 18 U.S.C. 1341, and subscribing a false tax return, in 
violation of 26 U.S.C. 7206(1), 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\
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    \1\ Any further reference in this letter to ``your conviction'' 
refers to your guilty plea and subsequent conviction of one count of 
mail fraud and one count of subscribing a false tax return. United 
States v. Joseph E. Mello, Criminal Docket No. 3:07-CR-00224 (RNC-
1), Plea Agreement (D. Conn. filed and entered Oct. 9, 2007) 
(``Mello Plea Agreement''); United States v. Joseph E. Mello, 3:07-
CR-00224 (RNC-1), Judgment (D. Conn. filed June 26, 2008 and entered 
June 30, 2008) (``Mello Judgment''). See also United States v. 
Joseph E. Mello, Criminal Docket No. 3:07-CR-00224 (RNC-1), 
Information (D. Conn. filed and entered Oct. 9, 2007) (``Mello 
Information'').
    \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)).
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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 mail fraud and income tax fraud in 
connection with your participation in the E-Rate program involving 
telecommunications upgrade projects in four Connecticut school 
districts.\4\ While employed as Vice President of Operations for 
Innovative Network Solutions (``INS''), a first-tier subcontractor of 
Southwestern Bell Communications (``SBC'') for performing E-Rate funded 
telecommunications upgrades, you and former SBC employees Richard E. 
Brown and Keith J. Madeiros participated in a scheme to defraud the E-
Rate program.\5\ In your position at INS, you agreed to accept invoices 
submitted by fictitious companies created by Mr. Madeiros and Mr. Brown 
for work allegedly performed in the Connecticut school districts.\6\ 
INS made payments totaling $608,505 on those fictitious invoices and 
then passed the costs on to SBC as legitimately reimbursable services 
under the E-Rate program.\7\
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    \3\ Second Report and Order, 18 FCC Rcd at 9225, para. 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).
    \4\ See Mello Information at 2; Mello Plea Agreement at 1-2, 5; 
Mello Judgment at 1.
    \5\ Mello Information at 3. The Bureau has debarred Richard E. 
Brown and Keith Madeiros from the E-Rate Program. See Letter from 
Hillary S. DeNigro, Chief, Investigations and Hearings Division, 
Enforcement Bureau, to Richard E. Brown, Notice of Debarment, 22 FCC 
Rcd 20569 (Inv. & Hearings Div., Enf. Bur. 2007); Letter from 
Hillary S. DeNigro, Chief, Investigations and Hearings Division, 
Enforcement Bureau, to Keith J. Madeiros, Notice of Debarment, 23 
FCC Rcd 7959 (Inv. & Hearings Div., Enf. Bur. 2008).
    \6\ Mello Information at 2-4. See also Department of Justice, 
Press Release (Oct. 9, 2007) (available at http://www.usdoj.gov/usao/ct/Press2007/20071009.html) (last accessed Feb. 5, 2008) (``DOJ 
October 9 Press Release'').
    \7\ Mello Information at 4.
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    Pursuant to section 54.8(a)(4) of the Commission's rules,\8\ 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.\9\ Your suspension becomes 
effective upon the earlier of your receipt of this letter or 
publication of notice in the Federal Register.\10\
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    \8\ 47 CFR 54.8(a)(4). See Second Report and Order, 18 FCC Rcd 
at 9225-27, paras. 67-74.
    \9\ Second Report and Order, 18 FCC Rcd at 9225, para. 67; 47 
U.S.C. 254; 47 CFR 54.502-54.503; 47 CFR 54.521(a)(4).
    \10\ Second Report and Order, 18 FCC Rcd at 9226, para. 69; 47 
CFR 54.8(e)(1).
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    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.\11\ Such requests, however, will not 
ordinarily be granted.\12\ The Bureau may reverse or limit the scope of 
suspension only upon a finding of extraordinary circumstances.\13\ 
Absent extraordinary circumstances, the Bureau will decide any request 
for reversal or modification

[[Page 53870]]

of suspension within 90 days of its receipt of such request.\14\
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    \11\ 47 CFR 54.8(e)(4).
    \12\ Id.
    \13\ 47 CFR 54.8(e)(5).
    \14\ See Second Report and Order, 18 FCC Rcd at 9226, para. 70; 
47 CFR 54.8(e)(5), 54.8(f).
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II. Initiation of Debarment Proceedings

    Your guilty plea to 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.\15\ Therefore, pursuant to section 54.8(a)(4) of 
the Commission's rules, your conviction requires the Bureau to commence 
debarment proceedings against you.
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    \15\ ``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).
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    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.\16\ Absent 
extraordinary circumstances, the Bureau will debar you.\17\ 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.\18\ 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.\19\
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    \16\ See Second Report and Order, 18 FCC Rcd at 9226, para. 70; 
47 CFR 54.8(e)(3).
    \17\ Second Report and Order, 18 FCC Rcd at 9227, para. 74.
    \18\ See id., 18 FCC Rcd at 9226, para. 70; 47 CFR 54.8(e)(5).
    \19\ 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).
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    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.\20\ The Bureau may, if necessary to protect the 
public interest, extend the debarment period.\21\
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    \20\ Second Report and Order, 18 FCC Rcd at 9225, para. 67; 47 
CFR 54.8(d), 54.8(g).
    \21\ Id.
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    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 Rebekah Bina, 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 Rebekah Bina, 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 <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="c8baadaaada3a9a0e6aaa1a6a988aeababe6afa7be">[email protected]</a> and to <a href="/cdn-cgi/l/email-protection#6f19060c04060a411d000d06011c00012f090c0c41080019"><span class="__cf_email__" data-cfemail="44322d272f2d216a362b262d2a372b2a042227276a232b32">[email protected]</span></a>.
    If you have any questions, please contact Ms. Bina via mail, by 
telephone at (202) 418-7931 or by e-mail at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="0d7f686f68666c65236f64636c4d6b6e6e236a627b">[email protected]</a>. 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 e-mail at <a href="/cdn-cgi/l/email-protection#700619131b19155e021f12191e031f1e301613135e171f06"><span class="__cf_email__" data-cfemail="55233c363e3c307b273a373c3b263a3b153336367b323a23">[email protected]</span></a>.

Hillary S. DeNigro
Chief Investigations and Hearings Division Enforcement Bureau

cc: Calvin B. Kurimai, Esq., Assistant United States Attorney; 
Kristy Carroll, Esq., Universal Service Administrative Company (via 
e-mail).

[FR Doc. E8-21723 Filed 9-16-08; 8:45 am]
BILLING CODE 6712-01-P


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