Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 31947 

1Any 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. Douglas A. Benit, Criminal Docket 

No. 2:06CR20285–1, Plea Agreement (D. Mich. filed 

Nov. 24, 2008 and entered Nov. 25, 2008) (‘‘Douglas 

Benit Plea Agreement’’); United States v. Douglas A. 

Benit, Criminal Docket No. 2:06CR20285–1, 

Judgment (D. Mich. filed Mar. 31, 2009 and entered 

Apr. 1, 2009) (‘‘Douglas Benit Judgment’’). See also 

United States v. Douglas A. Benit, Criminal Docket 

No. 2:06CR20285, Indictment (D. Mich. filed May 

24, 2006 and entered May 25, 2006) (‘‘Benit 

Indictment’’). You also plead guilty to one count of 

bank fraud, in violation of 18 U.S.C. 2 and 1344. 

See Douglas Benit Plea Agreement; see also Douglas 

Benit Judgment. This notice of suspension and 

initiation of debarment proceedings arises from 

your conviction of mail fraud, and as such, does not 

discuss your guilty plea and subsequent conviction 

of bank fraud. 

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 

Continued 

all vessels are reasonably available for 

the South Shore Estuary Reserve in the 

Counties of Nassau and Suffolk, New 

York. A 30-day period for public 

comment has been opened on this 

matter which may result in a New York 

State prohibition of any sewage 

discharges from vessels in for the South 

Shore Estuary Reserve in the Counties of 

Nassau and Suffolk, New York. 

Dated: June 25, 2009. 

George Pavlou, 

Acting Regional Administrator, Region 2. 

[FR Doc. E9–15796 Filed 7–2–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Schedule Change; FCC To Hold Open 

Commission Meeting Thursday, July 2, 

2009 

July 1, 2009. 

Please note that the time for the 

Federal Communications Commission 

Open Meeting is rescheduled from 10 

a.m. to 11:30 a.m. 

The Meeting will include a 

presentation on the status of the 

Commission’s process for developing a 

National Broadband Plan and a 

presentation on the Digital Television 

transition. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–15922 Filed 7–1–09; 4:15 pm] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 09–1345] 

Notice of Suspension and Initiation of 

Debarment Proceedings; Schools and 

Libraries Universal Service Support 

Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Enforcement Bureau (the 

‘‘Bureau’’) gives notice of Mr. Douglas 

A. Benit’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. Benit, 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 August 5, 2009. However, 

an opposition request by the party to be 

suspended must be received 30 days 

from the receipt of the suspension letter 

or August 5, 2009, 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 

Rebekah.Bina@fcc.gov. If Ms. Bina is 

unavailable, you may contact Ms. 

Michele Berlove, Acting Assistant Chief, 

Investigations and Hearings Division, by 

telephone at (202) 418–1477 and by email at Michele.Berlove@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Bureau has suspension and debarment 

authority pursuant to 47 CFR 54.8 and 

47 CFR 0.111(a)(14). 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 09–1345, which 

was mailed to Mr. Benit and released on 

June 17, 2009. The complete text of the 

notice of suspension and initiation of 

debarment proceedings 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 

2055, telephone (202) 488–5300 or (800) 

378–3160, facsimile (202) 488–5563, or 

via e-mail http://www.bcpiweb.com. 

Federal Communications Commission. 

Hillary S. DeNigro, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau. 

The suspension letter follows: 

June 17, 2009 

DA 09–1345 

VIA CERTIFIED MAIL RETURN 

RECEIPT REQUESTED 

AND E-MAIL (edwishnow@aol.com) 

AND FACSIMILE (248) 258–6007 

Mr. Douglas A. Benit, c/o Edward C. 

Wishnow, 240 Daines, Birmingham, 

MI 48009 

Re: Notice of Suspension and Initiation 

of Debarment Proceedings, File No. 

EB–09–IH–0402 

Dear Mr. Benit: The Federal 

Communications Commission (‘‘FCC’’ 

or ‘‘Commission’’) has received notice of 

your conviction of mail fraud, in 

violation of 18 U.S.C. 2, 1341, and 1346 

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

mstockstill on PROD1PC66 with NOTICES

31948 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 

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)). 

3Second 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). 

4Also known as J.D. Howen, D.J. Howen, and Jack 

Howen. See Douglas Benit Indictment. 

5See supra note 1. See Douglas Benit Plea 

Agreement. See also Department of Justice Press 

Release (Mar. 26, 2009), available at http:// 

www.usdoj.gov/criminal/npftf/pr/press_releases/ 

2009/mar/03-26-09benit-sentenced.pdf (DOJ March 

2009 Press Release). See also Benit Indictment at 18 

(Count 4). 

6Benit Indictment at 1–4; see also Douglas Benit 

Plea Agreement at 2–3. 

7See Benit Indictment at 3. 

8 Id. 

9 Id. at 1–15, 18; see also Douglas Benit Plea 

Agreement at 2–3. 

10Benit Indictment at 10–14. 

11See Douglas Benit Plea Agreement at 3. 

12See Douglas Benit Judgment at 1, 5 (ordering 

$1.34 million for your role in the schemes; $489,702 

in restitution to the Ecorse Public Schools and 

$853,000 to USAC); see also DOJ March 2009 Press 

Release at 1. 

13 47 CFR 54.8(a)(4). See Second Report and 

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

14 47 CFR 54.8(a)(1)(d). 

15Second Report and Order, 18 FCC Rcd at 9226, 

¶ 69; 47 CFR 54.8(e)(1). 

16 47 CFR 54.8(e)(4). 

17 Id. 

18 47 CFR 54.8(e)(5). 

19 See Second Report and Order, 18 FCC Rcd at 

9226, ¶ 70; 47 CFR 54.8(e)(5), (f). 

20 ‘‘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). 

21 See Second Report and Order, 18 FCC Rcd at 

9226, ¶ 70; 47 CFR 54.8(e)(3). 

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

¶ 74. 

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

54.8(e)(5). 

24 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). 

25Second Report and Order, 18 FCC Rcd at 9225, 

¶ 67; 47 CFR 54.8(d), (g). 

26 47 CFR 54.8(g). 

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 On November 24, 2008, 

you, Douglas A. Benit,4 plead guilty to 

mail fraud in connection with your 

participation in the E-Rate program.5

Specifically, you were employed as a 

school official in the Ecorse Public 

Schools District (‘‘EPS’’ or ‘‘District’’) 

from 1997 to 2003, serving first as the 

Director of Facility Development and 

subsequently as the Assistant 

Superintendent.6 While employed at 

EPS, you were also an owner, employee, 

agent or subcontractor of Coral 

Technology, Inc. (‘‘Coral’’).7 During 

your tenure at EPS, you were 

responsible for approving the 

construction of new facilities in the 

District using funds from several 

sources, including the E-Rate program.8

You admitted that while employed at 

EPS and while concealing your 

associations with Coral from EPS, you 

and others devised a scheme to defraud 

the District and the E-Rate program by 

steering contracts for EPS to various 

companies that directly or indirectly 

benefited you and your companies, 

primarily Coral.9 In furtherance of the 

scheme, you submitted to the Universal 

Service Administrative Company 

(‘‘USAC’’) documents supporting Coral’s 

application for federal E-Rate funding, 

while employed at EPS and within the 

scope of your official responsibilities.10

As a result of these contracts, which 

were paid in part from the E-Rate 

program, you and your company 

personally benefited from the fraudulent 

scheme by at least $2.276 million.11

On March 31, 2009, you were 

sentenced to serve forty-six months in 

federal prison, to be followed by thirtysix months of supervised release for 

your role in the scheme to defraud EPS 

and the E-Rate program. You were also 

ordered to pay $1.34 million in 

restitution for your role in the scheme.12

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

Commission’s rules,13 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.14 Your suspension 

becomes effective upon the earlier of 

your receipt of this letter or publication 

of notice in the Federal Register.15

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.16 Such requests, 

however, will not ordinarily be 

granted.17 The Bureau may reverse or 

limit the scope of suspension only upon 

a finding of extraordinary 

circumstances.18 Absent extraordinary 

circumstances, the Bureau will decide 

any request for reversal or modification 

of suspension within 90 days of its 

receipt of such request.19

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.20 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.21 Absent 

extraordinary circumstances, the Bureau 

will debar you.22 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.23 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.24

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.25 The 

Bureau may, if necessary to protect the 

public interest, extend the debarment 

period.26

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 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 31949 

of Rebekah Bina, Attorney Advisor, 

Investigations and Hearings Division, 

Enforcement Bureau, Room 4–C330, 

with a copy to Michele Berlove, Acting 

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 Michele Berlove, Acting 

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 

Michele.Berlove@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. 

Michele Berlove, Acting Assistant Chief, 

Investigations and Hearings Division, by 

telephone at (202) 418–1477 and by email at Michele.Berlove@fcc.gov. 

Sincerely yours, 

Hillary S. DeNigro, 

Chief, Investigations and Hearings 

Division, Enforcement Bureau. 

cc: Taurus N. Ziedas, United States 

Attorney’s Office, Department of Justice 

(via e-mail); Kristy Carroll, Esq., 

Universal Service Administrative 

Company (via e-mail) 

[FR Doc. E9–15823 Filed 7–2–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL HOUSING FINANCE 

AGENCY 

[No. 2009–N–08] 

Privacy Act of 1974; System of 

Records 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: Notice of new systems of 

records with request for comments. 

SUMMARY: In accordance with the 

Privacy Act of 1974 (Privacy Act), the 

Federal Housing Finance Agency 

(FHFA) is issuing public notice of its 

intent to establish and maintain three 

new Privacy Act systems of records 

covering the Federal Home Loan Bank 

System Directory, the Financial 

Management System, and the 

Correspondence Tracking System. The 

first system is titled ‘‘FHFA—1 Federal 

Home Loan Bank System Directory.’’ 

The proposed system of records is 

necessary, as it will contain contact 

information for current Federal Home 

Loan Bank (Bank) presidents, chairs, 

vice chairs, directors, and senior staff; 

members of the Bank’s Affordable 

Housing Advisory Councils (AHAC); 

and senior staff at the Banks, Office of 

Finance, and FHFA. The system will 

facilitate effective communications 

between the FHFA, Banks, and Office of 

Finance. The second system is titled 

‘‘FHFA—2 Financial Management 

System.’’ The proposed system of 

records is necessary, as it will contain 

financial and procurement records for 

prospective, present and former 

employees, contractors, and vendors of 

FHFA. The records may include names, 

social security numbers, credit card 

numbers, accounts, reimbursements, 

pay records, transactions, payment 

agreements, and certificates. The FHFA 

will use the system to ensure the orderly 

processing of administrative actions 

within the agency. The third new 

system is titled ‘‘FHFA—3 

Correspondence Tracking System.’’ The 

proposed system of records is necessary, 

as it will contain correspondence and 

records of communications between 

FHFA and individuals or entities 

submitting requests or inquiries to the 

agency. These records are collected and 

maintained to facilitate the orderly 

processing of correspondence by the 

agency and may include names, 

supporting documents, and contact 

information supplied by individuals or 

entities. 

DATES: The addition of these three new 

systems of records will become effective 

on August 17, 2009 without further 

notice unless comments necessitate 

otherwise. 

ADDRESSES: Submit comments to FHFA 

only once, identified by ‘‘2009–N–08’’, 

using any one of the following methods: 

• Mail/Hand Delivery: Alfred M. 

Pollard, General Counsel, Attention: 

Comments/2009–N–08, Federal Housing 

Finance Agency, 1700 G Street, NW., 

Fourth Floor, Washington, DC 20552. 

Hand delivered packages should be 

logged at the Guard Desk, First Floor, on 

business days between 9 a.m. and 5 p.m. 

• E-mail: RegComments@fhfa.gov. 

Comments may be sent by e-mail to 

Alfred M. Pollard, General Counsel. 

Please include ‘‘Comments/2009–N–08’’ 

in the subject line of the message. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. If 

you submit your comment to the 

Federal eRulemaking Portal, please also 

send it by e-mail to the FHFA at 

RegComments@fhfa.gov to ensure 

timely receipt by the agency. Include 

the following information in the subject 

line of your submission: Comments/ 

2009–N–08. See SUPPLEMENTARY

INFORMATION for additional information 

on submission and posting of 

comments. 

FOR FURTHER INFORMATION CONTACT: John 

Major, Privacy Act Officer, 

john.major@fhfa.gov or 202–408–2849, 

or David A. Lee, Senior Agency Official 

for Privacy, david.lee@fhfa.gov or 202– 

408–2514 (not toll free numbers), 

Federal Housing Finance Agency, 1700 

G Street, NW., Fourth Floor, 

Washington DC 20552. The telephone 

number for the Telecommunications 

Device for the Deaf is 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Comments 

Instructions: FHFA seeks public 

comments on the three proposed new 

systems and will take all comments into 

consideration before issuing the final 

notice. See 5 U.S.C. 552a(e)(4) and (11). 

Comments should include ‘‘2009–N– 

08’’ and reference any or all titles your 

comment addresses: ‘‘FHFA—1 Federal 

Home Loan Bank System Directory’’; 

‘‘FHFA—2 Financial Management 

System.’’; or ‘‘FHFA—3 Correspondence 

Tracking System.’’ 

Posting and Public Availability of 

Comments: All comments received will 

be posted without change on the FHFA 

Web site at http://www.fhfa.gov, and 

will include any personal information 

provided. In addition, copies of all 

comments received will be available for 

examination by the public on business 

days between the hours of 10 a.m. and 

3 p.m., at the Federal Housing Finance 

Agency, Fourth Floor, 1700 G Street, 

NW., Washington DC 20552. To make 

an appointment to inspect comments, 

please call the Office of General Counsel 

at 202–414–6924. 

Introduction: This notice informs the 

public of FHFA’s proposal to establish 

and maintain three new systems of 

records. This notice satisfies the Privacy 

Act requirement that an agency publish 

a system of records notice in the Federal 

Register when there is an addition to 

the agency’s system of records. It has 

been recognized by Congress that 

application of all requirements of the 

Privacy Act to certain categories of 

mstockstill on PROD1PC66 with NOTICES