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                                                       DA 04-3828

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

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

     Re:  Notice of Debarment, File No. EB-04-IH-0460

Dear Mr. Dotson:

     Pursuant to section 54.521 of the rules of the Federal 
Communications Commission (the ``Commission''), by this Notice of 
Debarment you are hereby debarred from the schools and libraries 
universal service support mechanism for a period of three years.1  

     On October 7, 2004, the Enforcement Bureau (the ``Bureau'') 
sent you a Notice of Suspension and Proposed Debarment (the 
``Notice of Suspension'').2  That Notice of Suspension was 
published in the Federal Register on October 22, 2004.3  The 
Notice of Suspension suspended you from the schools and libraries 
universal service support mechanism4 and described the basis for 
your proposed debarment,5 the applicable debarment procedures,6 
and the effect of debarment.7

     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.8  The Commission did not receive any 
such opposition.    

     As discussed in the Notice of Suspension, on or about May 
17, 2004, you were convicted of conspiracy to charge the E-Rate 
program 100 percent of the cost of E-Rate services provided 
through Connect2Interne Networks, Inc. (``Connect2'') to certain 
schools participating in the program, rather than requiring the 
schools to pay their designated ten percent of those costs, by: 
(1) falsely representing to the schools that they could 
participate in the 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 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.9  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.10  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.11  
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.''12  
     
                                   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 (Via Email)
     David M. Siegal, Assistant United States Attorney, Southern 
District of New York (Via     Email)
                                                       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. 13  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.14

I.   Notice of Suspension

     Pursuant to section 54.521(a)(4) of the Commission's 
rules,15 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.16  Your suspension becomes effective 
upon the earlier of your receipt of this letter or publication of 
notice in the Federal Register.17  

     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.18  Such requests, however, will not ordinarily be 
granted.19  The Bureau may reverse or limit the scope of 
suspension only upon a finding of extraordinary circumstances.20  
Absent extraordinary circumstances, the Bureau will decide any 
request for reversal or modification of suspension within 90 days 
of its receipt of such request.21  

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.22  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.23  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.24  These actions 
constitute the conduct or transactions upon which this debarment 
proceeding is based.25  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.26  
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.27  Absent 
extraordinary circumstances, the Bureau will debar you.28  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.29  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.30  

     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.31  The Bureau may, 
if necessary to protect the public interest, extend the debarment 
period.32 
     
     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 See 47 C.F.R.  0.111(a)(14), 54.521.     
2 Letter from William H. Davenport, Chief, Investigations 
and Hearings Division, Enforcement Bureau, Federal 
Communications Commission, to John Dotson, Notice of 
Suspension and Proposed Debarment, 19 FCC Rcd 19662 (2004).  
3 69 Fed. Reg. 62047 (Oct. 22, 2004).
4 See Notice of Suspension, 19 FCC Rcd at 19662-63 
(imposing suspension pending the Bureau's final debarment 
determination) (Attachment 1).
5 See id., 18 FCC Rcd at 19663-64 (describing the basis for 
your proposed debarment).
6 See id., 18 FCC Rcd at 19664 (describing procedures to 
contest proposed debarment).
7 See id. (describing effect of proposed debarment).
8 See 47 C.F.R.  54.521(e)(3) and (4).  That date occurred 
no later than November 21, 2004.  See supra note 3.
9 Notice of Suspension, 19 FCC Rcd at 19663-64.
10   Notice of Suspension, 19 FCC Rcd at 19664; 47 C.F.R.  
54.521(c).
11   See Notice of Suspension, 19 FCC Rcd at 19664.
12   See 47 C.F.R.  54.521(a)(1), 54.521(a)(5), 54.521(d); 
Notice of Suspension, 19 FCC Rcd at 19664.
13Any 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'').  
1447 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).
1547 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'').
16Second 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).
17Second Report and Order, 18 FCC Rcd at 9226,  69; 47 
C.F.R.  54.521(e)(1).
18Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(4).
19Second Report and Order, 18 FCC Rcd at 9226,  70.
2047 C.F.R.  54.521(f).
21See Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(5), 54.521(f).
22Second Report and Order, 18 FCC Rcd at 9225,  66.
23See Dotson Indictment at 2, 3; Dotson Judgment.  
24Dotson Indictment at 4-5.  
25Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(2)(i).
26``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).
27See Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(2)(i), 54.521(e)(3). 
28Second Report and Order, 18 FCC Rcd at 9227,  74.
29See id., 18 FCC Rcd at 9226,  70; 47 C.F.R.  
54.521(e)(5).
30Id.  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).
31Second Report and Order, 18 FCC Rcd at 9225,  67; 47 
C.F.R.  54.521(d), 54.521(g).
32Id.