Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Notices 36223 

23 47 CFR 54.8(e)(5), (f); see also Second Report 

and Order, 18 FCC Rcd at 9226, para. 70. 

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). 

25 47 CFR 54.8(a)(1), (d), (g); see also Second 

Report and Order, 18 FCC Rcd at 9225, para. 67. 

26 47 CFR 54.8(g). 

decide any request for reversal or 

limitation of debarment within 90 days 

of receipt of such request.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 

of Rebekah L. Bina, Attorney Advisor, 

Investigations and Hearings Division, 

Enforcement Bureau, Room 4–C330, 

with a copy to Michele Levy 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 

L. Bina, Attorney Advisor, 

Investigations and Hearings Division, 

Enforcement Bureau, Federal 

Communications Commission, 445 12th 

Street, SW., Room 4–C327, 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 e-mail 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 Levy Berlove, Acting Assistant 

Chief, Investigations and Hearings 

Division, by telephone at (202) 418– 

1477 and by e-mail at 

Michele.Berlove@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 e-mail) 

[FR Doc. E9–17407 Filed 7–21–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 09–1528] 

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. Andre J. 

Hornsby’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. Hornsby, 

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 21, 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 21, 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 Levy Berlove, Acting Assistant 

Chief, Investigations and Hearings 

Division, by telephone at (202) 418– 

1477 and by e-mail at 

Michele.Berlove@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Bureau has suspension and debarment 

authority pursuant to 47 CFR 54.8. 

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 09–1528, which 

was mailed to Mr. Hornsby and released 

on July 14, 2009. 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. 

The attached is the Suspension and 

Initiation of Debarment Letter to Mr. 

Andre J. Hornsby. 

Federal Communications Commission. 

Dated: July 14, 2009. 

Hillary DeNigro, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau. 

VIA CERTIFIED MAIL RETURN 

RECEIPT REQUESTED AND E– 

MAIL 

(robertbonsib@marcusbonsib.com) 

AND FACSIMILE (301) 441–3003. 

Andre J. Hornsby, c/o Robert C. Bonsib, 

Marcus and Bonsib, 6411 Ivy Lane, 

Suite 116, Greenbelt, MD 20770. 

Re: Notice of Suspension and 

Initiation of Debarment 

Proceedings, File No. EB–09–IH– 

0408. 

Dear Mr. Hornsby: The Federal 

Communications Commission (‘‘FCC’’ 

or ‘‘Commission’’) has received notice of 

your conviction of federal crimes, 

including honest services wire fraud, 


jlentini on DSKJ8SOYB1PROD with NOTICES
36224 Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Notices 

1See 18 U.S.C. 1343, 1346 (honest services wire 

fraud), 1512(b) (attempted evidence tampering), and 

1503 (obstruction of justice). Any further reference 

in this letter to ‘‘your conviction’’ refers to your six 

count conviction. United States v. Andre Jose 

Hornsby, Criminal Docket No. 8:06CR00376–PJM–1, 

Judgment (D. Md. filed and entered Dec. 5, 2008) 

(‘‘Hornsby Judgment’’). See also United States v. 

Andre Jose Hornsby, Criminal Docket No. 

8:06CR00376–PJM–1, Superseding Indictment (D. 

Md. filed and entered Apr. 23, 2008) (‘‘Hornsby 

Indictment’’). 

2 47 CFR 54.8 (2008). See also 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 of the Commission’s rules 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)). 

3Second 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). 

4Hornsby Judgment at 1–5. See also Hornsby 

Indictment at 1–21, 24–27, 29–30. (Discussion of 

your convictions in this notice is limited to those 

activities related to the E-Rate program). 

5Hornsby Judgment at 6–7. PGCPS was one of the 

20 largest school districts in the nation in 2004, 

with a budget of more than $1 billion. See 

Department of Justice Press Release (Nov. 25, 2008), 

available at http://baltimore.fbi.gov/dojpressrel/ 

pressrel08/ba112508.htm (DOJ November 2008 

Press Release). 

6Hornsby Indictment at 2. See also DOJ 

November 2008 Press Release at 1. The Board was 

responsible for oversight of PGCPS. See Hornsby 

Indictment at 1. Responsibility for the overall 

administration of PGCPS was entrusted to the Chief 

Executive Officer, who reported to the Board. See 

Hornsby Indictment at 2. 

7Hornsby Indictment at 2. 

8 Id. at 14–19. See also DOJ November 2008 Press 

Release at 1. 

9Hornsby Indictment at 6, 15. 

10 Id. at 4–8. You directed PGCPS personnel not 

to award contracts to the company with the highest 

overall score, and stalled the bidding process past 

the deadline in favor of waiting for a proposal from 

Erate Managers. Hornsby Indictment at 6–7. See 

also DOJ November 2008 Press Release at 1–2. 

11Hornsby Indictment at 8, 14–15. See also DOJ 

November 2008 Press Release at 1–2. 

12Hornsby Indictment at 14–18, 24–27, 29–30. 

See also DOJ November 2008 Press Release at 3. 

13 47 CFR 54.8(b)–(e); see also 54.8(a)(4). 

14 47 CFR 54.8(a)(1); see also 54.8(a)(3). 

15 47 CFR 54.8(a)(7), (e)(1); see also Second 

Report and Order, 18 FCC Rcd at 9226, para. 69. 

16 47 CFR 54.8(e)(4). 

17 Id. 

18 Id. 

19 47 CFR 54.8(f); see also Second Report and 

Order, 18 FCC Rcd at 9226, para. 70. 

20 47 CFR 54.8(e)(5), (f); see also Second Report 

and Order, 18 Fcc Rcd at 9226, para. 70. 

21 ‘‘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 

witness and evidence tampering, and 

obstruction of justice, in connection 

with your participation in the schools 

and libraries universal service support 

mechanism (‘‘E-Rate program’’).1

Consequently, pursuant to 47 CFR 

section 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 On November 25, 2008, 

the United States District Court for the 

District of Maryland sentenced you to 

six years in prison, to be followed by 

three years of supervised release, 

following your conviction on federal 

crimes, including honest services wire 

fraud, witness and evidence tampering, 

and obstruction of justice, in connection 

with your activities related to the E-Rate 

program.4 In addition, you were ordered 

to pay a $20,000 fine and $70,000 in 

restitution to the Prince George’s County 

Public School System (‘‘PGCPS’’).5

You were employed as Chief 

Executive Officer, Secretary and 

Treasurer for the Board of Education for 

Prince Georges County (‘‘Board’’).6 As 

Chief Executive Officer of the Board, 

you were responsible for overall 

administration of PGCPS from June 

2003 until June 2005.7 Beginning in 

November 2003, you devised schemes to 

defraud PGCPS for your personal 

financial gain.8 You directed PGCPS 

employees to seek proposals from 

outside E-Rate consulting companies for 

assistance with PGCPS’ E-Rate 

applications.9 Despite late filings and 

other disqualifications, you ultimately 

steered the bidding process and directed 

contracts be awarded for E-Rate 

consulting services to Erate Managers, 

LLC (‘‘Erate Managers’’), a non-existent 

company purportedly operated by an 

individual who had worked for you in 

other school districts (‘‘Former 

Employee’’).10 You, in turn, were to 

receive more than $100,000 from the 

Former Employee for your role in 

securing the E-Rate consulting contracts 

with PGCPS, and accepted $1,000 in 

cash as a down payment.11 Further, you 

made materially false representations, 

destroyed records and otherwise hid 

your associations with the Former 

Employee to conceal your role in the 

fraudulent conduct at issue.12

Pursuant to section 54.8 of the 

Commission’s rules, your conviction on 

criminal offenses arising out of 

consulting activities associated with or 

related to the schools and libraries 

support mechanism requires the Bureau 

to suspend you from continuing to 

participate in any activities associated 

with or related to the schools and 

libraries support mechanism.13

Activities arising out of or related to the 

schools and libraries support 

mechanism include 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.14

Your suspension becomes 

immediately effective upon the earlier 

of your receipt of this letter or 

publication of notice in the Federal 

Register, pending the Bureau’s final 

debarment determination.15 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.16 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.17 Such requests, 

however, will not ordinarily be 

granted.18 The Bureau may reverse or 

limit the scope of suspension only upon 

a finding of extraordinary 

circumstances.19 The Bureau will 

decide any request for the reversal or 

modification of suspension within 90 

days of its receipt of such request.20

II. Initiation of Debarment Proceedings 

Your conviction for 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 

suspension and debarment defined in 

section 54.8(c) of the Commission’s 

rules.21 Therefore, pursuant to section 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Notices 36225 

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). 

You were convicted for obstruction of justice, 

attempted evidence tampering for falsification or 

destruction of records, and wire fraud. See supra 

note 4. 

22See 47 CFR 54.8(b), (c). 

23 47 CFR 54.8(e)(3), (5); see also Second Report 

and Order, 18 FCC Rcd at 9226, para. 70. 

24 47 CFR 54.8(e)(5); see also Second Report and 

Order, 18 FCC Rcd at 9227, para. 74. 

25 47 CFR 54.8(e)(5), (f); see also Second Report 

and Order, 18 FCC Rcd at 9226, para. 70. 

26 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). 

27 47 CFR 54.8(a)(1), (d), (g); see also Second 

Report and Order, 18 FCC Rcd at 9225, para. 67. 

28 47 CFR 54.8(g). 

54.8 of the Commission’s rules, your 

conviction requires the Bureau to 

commence debarment proceedings 

against you.22

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.23 Absent 

extraordinary circumstances, the Bureau 

will debar you.24 The Bureau will 

decide any request for reversal or 

limitation of debarment within 90 days 

of receipt of such request.25 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.26

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.27 The 

Bureau may, if necessary to protect the 

public interest, extend the debarment 

period.28

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 Michele Levy 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 Levy 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 e-mail 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 Levy Berlove, Acting Assistant 

Chief, Investigations and Hearings 

Division, by telephone at (202) 418– 

1477 and by e-mail at 

Michele.Berlove@fcc.gov. 

Sincerely yours, 

Hillary S. DeNigro, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau. 

cc: Michael R. Pauze ́, Assistant United 

States Attorney, Department of 

Justice (via e-mail) Kristy Carroll, 

Esq., Universal Service 

Administrative Company (via email) 

[FR Doc. E9–17410 Filed 7–21–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisition of Shares of Bank or Bank 

Holding Companies 

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire a bank or bank 

holding company. The factors that are 

considered in acting on the notices are 

set forth in paragraph 7 of the Act (12 

U.S.C. 1817(j)(7)). 

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the office of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than August 

6, 2009. 

A. Federal Reserve Bank of San 

Francisco (Kenneth Binning, Vice 

President, Applications and 

Enforcement) 101 Market Street, San 

Francisco, California 94105–1579: 

1. Dante B. Benedetti, Petaluma, 

California, and James M. Ryan, Santa 

Rosa, California; to become trustees of 

the Frank P. Doyle Trust, Article IX, and 

thereby retain voting shares of Exchange 

Bank, both of Santa Rosa, California. 

2. Rommel R. Medina and Ruell R. 

Medina, both of San Bruno, California; 

to acquire additional voting shares of 

MNB Holdings Corporation, and thereby 

indirectly acquire additional voting 

shares of Mission National Bank, both of 

San Francisco, California. 

Board of Governors of the Federal Reserve 

System, July 17, 2009. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. E9–17388 Filed 7–21–09; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The applications also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

website at www.ffiec.gov/nic/. 


jlentini on DSKJ8SOYB1PROD with NOTICES