[Federal Register: October 18, 2007 (Volume 72, Number 201)]
[Notices]
[Page 59091-59092]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc07-44]
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FEDERAL COMMUNICATIONS COMMISSION
[DA 07-4015]
Notice of Debarment; Schools and Libraries Universal Service
Support Mechanism
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: The Enforcement Bureau (the ``Bureau'') debars Mr. Federowicz
from the schools and libraries universal service support mechanism (or
``E-Rate Program'') for a period of three years based on his conviction
of mail fraud in connection with his participation in the program. The
Bureau takes this action in order to protect the E-Rate Program from
waste, fraud and abuse.
DATES: Debarment commences on the date Mr. Scott A. Federowicz receives
the debarment letter or October 18, 2007, whichever date comes first,
for a period of three years.
FOR FURTHER INFORMATION CONTACT: Diana Lee, Federal Communications
Commission, Enforcement Bureau, Investigations and Hearings Division,
Room 4-C330, 445 12th Street, SW., Washington, DC 20554. Diana Lee may
be contacted by phone at (202) 418-0843 or 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 e-mail at vickie.robinson@fcc.gov.
SUPPLEMENTARY INFORMATION: The Bureau debarred Mr. Federowicz from the
schools and libraries universal service support mechanism for a period
of three years pursuant to 47 CFR part 521 and 47 CFR 0.111(a)(14).
Attached is the debarment letter, DA 07-4015, which was mailed to Mr.
Federowicz and released on September 24, 2007. 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.
[[Page 59092]]
Federal Communications Commission.
Hillary S. DeNigro,
Chief, Investigations and Hearings Division, Enforcement Bureau.
The suspension letter follows:
September 24, 2007.
Via Certified Mail
Return Receipt Requested and E-Mail
Mr. Scott A. Federowicz, c/o Paul H.D. Stoughton, Conway &
Stoughton, LLP, 818 Farmington Ave., West Hartford, CT 06119.
Re: Notice of Debarment, File No. EB-07-IH-5171.
Dear Mr. Federowicz: Pursuant to section 54.521 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\
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\1\ See 47 CFR 0.111(a)(14), 54.521.
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On June 27, 2007, 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 July 18, 2007.\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\
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\2\ Letter from Hillary S. DeNigro, Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications
Commission, to Mr. Scott A. Federowicz, Notice of Suspension and
Initiation of Debarment Proceedings, 22 FCC Rcd 11569 (Inv. &
Hearings Div., Enf. Bur. 2007) (Attachment 1).
\3\ 72 FR 39425 (Jul. 18, 2007).
\4\ See Notice of Suspension, 22 FCC Rcd at 11571.
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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.
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\5\ See 47 CFR 54.521(e)(3) and (4). That date occurred no later
than August 17, 2007. See supra note 3.
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As discussed in the Notice of Suspension, on May 9, 2007, you
were convicted based on your guilty plea to a felony information
charging you with mail fraud, in violation of 18 U.S.C. 1341.\6\ You
pled guilty to approving approximately $452,203 of fictitious
expenses for non-existent E-Rate work that ultimately were submitted
to the Universal Service Administrative Company for reimbursement
from the E-Rate funds.\7\ Such conduct constitutes the basis for
your debarment, and your conviction falls within the categories of
causes for debarment under section 54.521(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\
\6\ Notice of Suspension, 22 FCC Rcd at 11570.
\7\ Notice of Suspension, 22 FCC Rcd at 11570.
\8\ Id. at 11571; 47 CFR 54.521(c).
\9\ See Notice of Suspension, 22 FCC Rcd at 11571.
\10\ See 47 CFR 54.521(a)(1), 54.521(a)(5), 54.521(d); Notice of
Suspension, 22 FCC Rcd at 11571.
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Sincerely,
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. E7-20571 Filed 10-17-07; 8:45 am]
BILLING CODE 6712-01-P