26400 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices 

the quality, utility, and clarity of the 

information collected; and (d) ways to 

minimize the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. 

DATES: Persons wishing to comment on 

this information collection should 

submit comments by August 3, 2009. If 

you anticipate that you will be 

submitting comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, Office of 

Management and Budget (OMB), via fax 

at 202–395–5167, or via the Internet at 

Nicholas_A._Fraser@omb.eop.gov and 

to Judith-B.Herman@fcc.gov, Federal 

Communications Commission (FCC). To 

submit your comments by e-mail send 

them to: PRA@fcc.gov. 

To view a copy of this information 

collection request (ICR) submitted to 

OMB: (1) Go to the Web page http:// 

www.reginfo.gov/public/do/PRAMain, 

(2) look for the section of the Web page 

called ‘‘Currently Under Review’’, (3) 

click the downward-pointing arrow in 

the ‘‘Select Agency’’ box below the 

‘‘Currently Under Review’’ heading, (4) 

select ‘‘Federal Communications 

Commission’’ from the list of agencies 

presented in the ‘‘Select Agency’’ box, 

(5) click the ‘‘Submit’’ button to the 

right of the ‘‘Select Agency’’ box and (6) 

when the list of FCC ICRs currently 

under review appears, look for the title 

of this ICR (or its OMB Control Number, 

if there is one) and then click on the ICR 

Reference Number to view detailed 

information about this ICR. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, send an e-mail 

to Judith B. Herman at JudithB.Herman@fcc.gov or call her at 202– 

418–0214. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0817. 

Title: Computer III Further Remand 

Proceedings: BOC Provision of 

Enhanced Services (ONA 

Requirements), CC Docket No. 95–20. 

Form No.: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit. 

Number of Respondents: 4 

respondents; 12 responses. 

Estimated Time per Response: 2–50 

hours. 

Frequency of Response: On occasion 

and semi-annual reporting requirements 

and third party disclosure requirement. 

Obligation to Respond: Mandatory. 

Statutory authority for these information 

collections are contained in 47 U.S.C. 

Sections 151, 152, 154, 161 and 208 of 

the Communications Act of 1934, as 

amended. 

Total Annual Burden: 216 hours. 

Total Annual Cost: N/A. 

Privacy Act Impact Assessment: N/A. 

Nature and Extent of Confidentiality: 

The Commission is not requesting that 

the respondents submit confidential 

information to the FCC. However, 

applicants may request confidentiality 

and request confidential treatment for 

information they believe to be 

confidential under 47 CFR 0.459 of the 

Commission’s rules. 

Needs and Uses: The Commission 

will submit this information collection 

to the Office of Management and Budget 

(OMB) after this 60-day comment period 

in order to obtain the full three-year 

clearance from them. The Commission 

is requesting an extension (no change in 

the reporting and/or third party 

disclosure requirements) of this 

information collection. The Commission 

is reporting a minor adjustment to the 

estimated number of responses. There is 

no change to the estimated annual 

burden hours or the number of 

respondents. Bell Operating Companies 

(BOCs) are required to post their 

Comparably Efficient Interconnection 

(CEI) plans and amendments on their 

publicly accessible Internet sites. The 

requirement extends to all CEI plans for 

new or modified telemessaging or alarm 

monitoring services and for new or 

amended payphone services. If the BOC 

receives a good faith request for a plan 

from someone who does not have 

Internet access, the BOC must notify 

that person where a paper copy of the 

plan is available for public inspection. 

The CEI plans will be used to ensure 

that BOCs comply with Commission 

policies and regulations safeguarding 

against potential anticompetitive 

behavior by the BOCs in the provision 

of information services. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–12844 Filed 6–1–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 09–1115] 

Notice of Debarment 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Enforcement Bureau (the 

‘‘Bureau’’) debars Ms. Cynthia K. Ayer 

from the schools and libraries universal 

service support mechanism (or ‘‘E–Rate 

Program’’) for a period of three years. 

The Bureau takes this action to protect 

the E–Rate Program from waste, fraud 

and abuse. 

DATES: Debarment commences on the 

date Ms. Cynthia K. Ayer receives the 

debarment letter or June 2, 2009, 

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 

Bureau debarred Ms. Cynthia K. Ayer 

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 09–1115, which 

was mailed to Ms. Cynthia K. Ayer and 

released on May 21, 2009. 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 email http://www.bcpiweb.com. 

Federal Communications Commission. 

Irene Flannery, 

Assistant Chief, Investigations and Hearings 

Division, Enforcement Bureau. 

The debarment letter, which attached 

the suspension letter, follows: 

May 21, 2009 

Via Certified Mail Return Receipt 

Requested and Facsimile (803) 252– 

8290 

Ms. Cynthia K. Ayer, c/o James Edward 

Holler, Holler Dennis Corbett 

Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices 26401 

1See 47 CFR 0.111(a), 54.8. 

2Letter from Hillary S. DeNigro, Chief, 

Investigations and Hearings Division, Enforcement 

Bureau, Federal Communications Commission, to 

Ms. Cynthia K. Ayer, Notice of Suspension and 

Initiation of Debarment Proceedings, 24 FCC Rcd 

2470 (Inv. & Hearings Div., Enf. Bur. 2009) 

(Attachment 1). 

3 74 Fed. Reg. 11726–01 (Mar. 19, 2009). 

4See Notice of Suspension, 24 FCC Rcd at 2470– 

71. 

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

occurred no later than April 20, 2009. See supra 

note 3. 

6See Notice of Suspension, 24 FCC Rcd at 2470. 

7See id. 

8 47 CFR 54.8(c). 

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

Suspension, 24 FCC Rcd at 2471. 

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

Notice of Suspension, 24 FCC Rcd at 2470. 

11Any further reference in this letter to ‘‘your 

conviction’’ refers to your guilty plea and 

subsequent conviction of one count of mail fraud. 

United States v. Cynthia K. Ayer, Criminal Docket 

No. 5:06–453 (001 MBS), Plea Agreement (D. S.C. 

filed and entered Apr. 30, 2008) (‘‘Ayer Plea 

Agreement’’); United States v. Cynthia K. Ayer, 

5:06–453 (001 MBS), Judgment (D. S.C. filed and 

entered Dec. 11, 2008) (‘‘Ayer Judgment’’). See also 

United States v. Cynthia K. Ayer, Criminal Docket 

No. 5:06–453 (001 MBS), Indictment (D. S.C. filed 

Apr. 19, 2006 and entered Apr. 20, 2006) (‘‘Ayer 

Indictment’’). 

12 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)). 

13Second 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). 

14See Ayer Plea Agreement. See also Department 

of Justice Press Release (Dec. 11, 2008), available at 

http://www.usdoj.gov/atr/public/press_releases/ 

2008/240283.pdf (DOJ Press Release). 

15 DOJ Press Release at 1. 

16See Ayer Indictment at 13–15; DOJ Press 

Release at 1. 

17Ayer Judgment at 2–4; DOJ Press Release at 1. 

18 47 CFR 54.8(a)(4). See Second Report and 

Order, 18 FCC Rcd at 9225–27, ¶¶ 67–74. 

Ormond Plante and Garner, P.O. 

Box 11006, Columbia, SC 29211. 

Re: Notice of Debarment, File No. EB– 

09–IH–0002 

Dear Ms. Ayer: 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 February 26, 2009, 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 March 19, 2009.3

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 mail 

fraud in connection with your 

participation in the E-Rate program.6

You admitted to, among other things, 

submitting applications containing false 

information to the E-Rate program and 

subsequently receiving funds to which 

you were not entitled.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). 

Beth Drake, Assistant United States 

Attorney, United States Department of 

Justice (via e-mail). 

February 26, 2009 

DA 09–476 

Via Certified Mail 

Return Receipt Requested and E-Mail 

Ms. Cynthia K. Ayer, c/o James Edward 

Holler, Holler Dennis Corbett 

Ormond Plante and Garner, P.O. 

Box 11006, Columbia, SC 29211. 

Re: Notice of Suspension and Initiation 

of Debarment Proceedings, File No. EB– 

09–IH–0002 

Dear Ms. Ayer: The Federal 

Communications Commission (‘‘FCC’’ 

or ‘‘Commission’’) has received notice of 

your conviction of mail fraud, in 

violation of 18 U.S.C. 2 and 1341, in 

connection with your participation in 

the schools and libraries universal 

service support mechanism (‘‘E-Rate 

program’’).11 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.12

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.13 On April 30, 2008, you 

pled guilty to mail fraud in connection 

with your participation in the E-Rate 

program.14 While employed as a 

technology director for Bamberg County 

School District One in Bamberg, South 

Carolina, you admitted to submitting 

applications containing false 

information to the E-Rate program.15

You subsequently requested funds that 

you were not entitled to and caused the 

Universal Service Administrative 

Company (‘‘USAC’’) to send you a check 

in the amount of $25,243 made payable 

to your company, Go Between 

Communications a/k/a Go Between 

Telecommunications.16 As a result of 

your conviction, you have been 

sentenced to serve two years in prison 

and ordered to pay $468,496 in 

restitution to USAC for using the mail 

to submit fraudulent applications for ERate funding on behalf of Bamberg 

County School District One.17

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

Commission’s rules,18 your conviction 

requires the Bureau to suspend you 

26402 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices 

19 47 CFR 54.8(a)(1)(d). 

20Second Report and Order, 18 FCC Rcd at 9226, 

¶ 69; 47 CFR 54.8(e)(1). 

21 47 CFR 54.8(e)(4). 

22 Id. 

23 47 CFR 54.8(e)(5). 

24See Second Report and Order, 18 FCC Rcd at 

9226, ¶ 70; 47 CFR 54.8(e)(5), (f). 

25 ‘‘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). 

26See Second Report and Order, 18 FCC Rcd at 

9226, ¶ 70; 47 CFR 54.8(e)(3). 

27Second Report and Order, 18 FCC Rcd at 9227, 

¶ 74. 

28See id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR 

54.8(e)(5). 

29 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). 

30Second Report and Order, 18 FCC Rcd at 9225, 

¶ 67; 47 CFR 54.8(d),(g). 

31 47 CFR 54.8(g). 

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.19 Your suspension 

becomes effective upon the earlier of 

your receipt of this letter or publication 

of notice in the Federal Register.20

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.21 Such requests, 

however, will not ordinarily be 

granted.22 The Bureau may reverse or 

limit the scope of suspension only upon 

a finding of extraordinary 

circumstances.23 Absent extraordinary 

circumstances, the Bureau will decide 

any request for reversal or modification 

of suspension within 90 days of its 

receipt of such request.24

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.25 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.26 Absent 

extraordinary circumstances, the Bureau 

will debar you.27 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.28 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.29

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.30 The 

Bureau may, if necessary to protect the 

public interest, extend the debarment 

period.31

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 email to Rebekah.Bina@fcc.gov and to 

Vickie.Robinson@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. 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: Beth Drake, Assistant United States 

Attorney (via e-mail). 

Kristy Carroll, Esq., Universal Service 

Administrative Company (via e-mail). 

[FR Doc. E9–12820 Filed 6–1–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request (3064– 

0151) 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Notice of information collection 

to be submitted to OMB for review and 

approval under the Paperwork 

Reduction Act. 

SUMMARY: The FDIC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on a continuing information 

collection, as required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35). On March 27, 2009, the 

FDIC solicited public comment for a 60- 

day period on renewal of the following 

existing collection of information: 

Notice Regarding Assessment Credits, 

OMB Control No. 3064–0151. No 

comments were received. Therefore, the 

FDIC hereby gives notice of its 

submission of the information collection 

to OMB for review. 

DATES: Comments must be submitted on 

or before July 2, 2009.