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                                                       DA 04-3209

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

John Dotson
2850 Webb Avenue, Apt. 4H
Bronx, NY 10468


     Re:  Notice of Suspension and of Proposed Debarment
          File No. EB-04-IH-0460

Dear Mr. Dotson:

     The Federal Communications Commission (``FCC'' or 
``Commission'') has received notice of your conviction on or 
about May 17, 2004 pursuant to 18 U.S.C.  371 for conspiracy to 
defraud the United States. 1  Specifically, you were convicted of 
conspiracy to violate the following laws of the United States:  
(1) 18 U.S.C.  287 (false, fictitious, and fraudulent claims); 
(2) 18 U.S.C. 1001 (false statements and entries generally); 
and (3) 18 U.S.C.  1343 (fraud by wire, radio, or television).  
Consequently, pursuant to 47 C.F.R. 54.521, this letter 
constitutes official notice of your suspension from the schools 
and libraries universal service support mechanism, also known as 
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

     Pursuant to section 54.521(a)(4) of the Commission's rules,3 
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.4  Your suspension becomes effective 
upon the earlier of your receipt of this letter or publication of 
notice in the Federal Register.5  

     Suspension is immediate pending the Bureau's final debarment 
determination.  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.6  Such requests, however, will not ordinarily be granted.7  
The Bureau may reverse or limit the scope of suspension only upon 
a finding of extraordinary circumstances.8  Absent extraordinary 
circumstances, the Bureau will decide any request for reversal or 
modification of suspension within 90 days of its receipt of such 
request.9  

II.  Notice of Proposed Debarment

     II.A.     Reasons for and Cause of Debarment 

     Commission rules establish 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.10  Based on your February 13, 2004 
guilty plea, you were convicted on or about May 17, 2004 of 
conspiracy to defraud the Government by selling E-Rate services 
through Connect2Internet Networks, Inc. (``Connect2'') to certain 
schools participating in the E-Rate program but charging 100 
percent of the costs to the program rather than requiring the 
schools to pay ten percent of the costs as required by the 
program rules.11  In particular, you admitted to combining, 
conspiring and carrying out, with other co-conspirators, the 
following acts: (1) falsely representing to certain schools that 
they could participate in the E-Rate program at no cost to them, 
and that their share of the costs would be covered by outside 
sources donated to Connect2 for that purpose; (2) requesting 
certain school officials to write checks payable to Connect2 
while agreeing either not to cash them or to return those monies 
to the schools or their designees; and (3) creating back-dated 
phony billing documents that give the false appearance that 
Connect2 had billed the schools for their costs.12  These actions 
constitute the conduct or transactions upon which this debarment 
proceeding is based.13  Moreover, your conviction on the basis of 
these acts falls within the categories of causes for debarment 
defined in section 54.521(c) of the Commission's rules.14  
Therefore, pursuant to section 54.521(a)(4) of the Commission's 
rules, your conviction requires the Bureau to commence debarment 
proceedings against you.  

     II.B.     Debarment Procedures

     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.15  Absent 
extraordinary circumstances, the Bureau will debar you.16  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.17  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 its decision in the Federal Register.18  

     II.C.     Effect of Debarment

     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 at 
least three years from the date of debarment.19  The Bureau may, 
if necessary to protect the public interest, extend the debarment 
period.20 
     
     Please direct any responses to the following address:

Diana Lee, Esq.
Federal Communications Commission
Enforcement Bureau
Investigations and Hearings Division
Room 4-A265
445 12th Street, S.W.
Washington, D.C.  20554

If you submit your response via hand-delivery or non-United 
States Postal Service delivery (e.g., Federal Express, DHL, 
etc.), please send your response to Ms. Lee at the following 
address:

Federal Communications Commission
9300 East Hampton Drive
Capitol Heights, MD  20743

If you have any questions, please contact Ms. Lee via mail, by 
telephone at (202) 418-1420 or by e-mail at diana.lee@fcc.gov.  
If Ms. Lee is unavailable, you may contact Eric Bash by telephone 
at (202) 418-1420 and by e-mail at eric.bash@fcc.gov.
                                   
                                   Sincerely yours,


                                   William H. Davenport
                                   Chief
                                   Investigations and Hearings 
Division
                                   Enforcement Bureau

cc:  Philip L. Weinstein, Federal Defender Division Legal Aid 
Society
     Kristy Carroll, USAC
     David M. Siegal, Assistant United States Attorney, Southern 
District of New York


_________________________

1 Any further reference in this letter to ``your conviction'' 
refers to your conviction on or about May 17, 2004 of this count 
based on your participation in a fraudulent scheme to obtain 
schools and libraries E-Rate program funds.  See United States v. 
Dotson, Docket No. 1:03cr01113BSJ, Indictment (S.D.N.Y. filed 
September 17, 2003) (``Dotson Indictment''); United States v. 
Dotson, Docket No. 1:03cr01113BSJ, Judgment (S.D.N.Y. May 17, 
2004) (``Dotson Judgment'').  
2 47 C.F.R.  54.521; 47 C.F.R.  0.111(a)(14) (delegating to 
the Enforcement Bureau authority to resolve universal service 
suspension and debarment proceedings pursuant to 47 C.F.R.  
54.521).
3 47 C.F.R.  54.521(a)(4).  See Schools and Libraries Universal 
Service Support Mechanism, Second Report and Order and Further 
Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227,  67-
74 (2003) (``Second Report and Order'').
4 Second Report and Order, 18 FCC Rcd at 9225,  67; 47 U.S.C.  
254; 47 C.F.R  54.502-54.503; 47 C.F.R. 54.521(a)(4).
5 Second Report and Order, 18 FCC Rcd at 9226,  69; 47 C.F.R.  
54.521(e)(1).
6 Second Report and Order, 18 FCC Rcd at 9226,  70; 47 C.F.R.  
54.521(e)(4).
7 Second Report and Order, 18 FCC Rcd at 9226,  70.
8 47 C.F.R.  54.521(f).
9 See Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(5), 54.521(f).
10Second Report and Order, 18 FCC Rcd at 9225,  66.
11See Dotson Indictment at 2, 3; Dotson Judgment.  
12Dotson Indictment at 4-5.  
13Second Report and Order, 18 FCC Rcd at 9226,  70; 47 C.F.R.  
54.521(e)(2)(i).
14``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 C.F.R. 54.521(c).  Such activities ``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 schools and libraries 
support mechanism described in this section ([47 C.F. R.]  
54.500 et seq.).''  47 C.F.R.  54.521(a)(1).
15See Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(2)(i), 54.521(e)(3). 
16Second Report and Order, 18 FCC Rcd at 9227,  74.
17See id., 18 FCC Rcd at 9226,  70; 47 C.F.R.  54.521(e)(5).
18Id.  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 C.F.R.  
54.521(f).
19Second Report and Order, 18 FCC Rcd at 9225,  67; 47 C.F.R. 
 54.521(d), 54.521(g).
20Id.