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                                                       DA 05-1727

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

John Henry Weaver
146 Weldon Drive
York, PA 17404

     Re:  Notice of Debarment, File No. EB-03-IH-0684

Dear Mr. Weaver:

     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 (or ``E-Rate program'') for a 
period of three years.1  

     On March 8, 2005, 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 March 16, 2005.3  The Notice 
of Suspension suspended you from the schools and libraries 
universal service support mechanism and described the basis for 
your proposed debarment, the applicable debarment procedures, and 
the effect of debarment.4

     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.    

     As discussed in the Notice of Suspension, on or about March 
1, 2005, you were convicted of participating in a conspiracy that 
involves receiving $1.9 million in kickback payments from Ronald 
R. Morrett of EMO Communications, Inc., while you were 
responsible for certifying that the company had performed work 
specified in a contract that is 80 percent funded by the E-Rate 
program, and concealing those payments by causing some of the 
payments to be funneled through various bank accounts belonging 
to third parties.6  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.7  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.8  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.''9  
     
                                   Sincerely,



                                   William H. Davenport
                                   Chief
                                   Investigations and Hearings 
Division
                                   Enforcement Bureau

cc:  Gerald Lord, Esq., Miller, Poole & Lord, LLP
     Kristy Carroll, Esq., USAC (E-mail)
     Marty Carlson, Esq., Assistant United States Attorney, 
Middle District of Pennsylvania    (E-mail)



                                                        DA 05-607

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

John Henry Weaver
146 Weldon Drive
York, PA 17404


     Re:  Notice of Suspension and of Proposed Debarment
          File No. EB-03-IH-0684

Dear Mr. Weaver:

     The Federal Communications Commission (``FCC'' or 
``Commission'') has received notice of your March 1, 2005 
conviction pursuant to 18 U.S.C.  371 and 666 for conspiracy to 
engage in bribery in a federally funded program.10  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.  In addition, the 
Enforcement Bureau (``Bureau'') hereby notifies you that we are 
commencing debarment proceedings against you.11

I.   Notice of Suspension

     Pursuant to section 54.521(a)(4) of the Commission's 
rules,12 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.13  Your suspension becomes effective 
upon the earlier of your receipt of this letter or publication of 
notice in the Federal Register.14  

     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.15  Such requests, however, will not ordinarily be 
granted.16  The Bureau may reverse or limit the scope of 
suspension only upon a finding of extraordinary circumstances.17  
Absent extraordinary circumstances, the Bureau will decide any 
request for reversal or modification of suspension within 90 days 
of its receipt of such request.18  

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.19  On March 1, 2005, you were 
convicted based on a December 8, 2003 plea of guilty to 
participating in a conspiracy with Ronald R. Morrett, Jr. 
(``Morrett'') of EMO Communications, Inc. (``EMO'').20  You 
admitted to the following acts: (1) receiving $1.9 million in 
kickback payments from Morrett while you were responsible for 
certifying Morrett and EMO had performed work specified in a 
contract that is 80% funded by the federal E-rate program; and 
(2) concealing those payments by causing some of the payments to 
be funneled though various bank accounts belonging to third 
parties.21  These actions constitute the conduct or transactions 
upon which this debarment proceeding is based.22  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.23  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.24  Absent 
extraordinary circumstances, the Bureau will debar you.25  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.26  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.27  

     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.28  The Bureau may, 
if necessary to protect the public interest, extend the debarment 
period.29 
     
     Please direct any responses to the following address:

Diana Lee
Federal Communications Commission
Enforcement Bureau
Investigations and Hearings Division
Room 4-C443
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 Hillary DeNigro by 
telephone at (202) 418-1420 and by e-mail at 
hillary.denigro@fcc.gov.
                                   
                                   Sincerely yours,


                                   William H. Davenport
                                   Chief
                                   Investigations and Hearings 
Division
                                   Enforcement Bureau

cc:  Gerald Lord, Miller, Poole & Lord, LLP
     Kristy Carroll, USAC (E-mail)
     Marty Carlson, United States Attorney, Middle District of 
Pennsylvania (E-mail)



_________________________

1See 47 C.F.R.  0.111(a)(14), 54.521.     
2Letter from William H. Davenport, Chief, Investigations and 
Hearings Division, Enforcement Bureau, Federal 
Communications Commission, to John Henry Weaver, Notice of 
Suspension and Proposed Debarment, 20 FCC Rcd 5130 (Inv. & 
Hearings Div., Enf. Bur. 2005) (Attachment 1).  
370 Fed. Reg. 12883 (Mar. 16, 2005).
4See Notice of Suspension, 20 FCC Rcd at 5130-32.
5See 47 C.F.R.  54.521(e)(3) and (4).  That date occurred 
no later than April 15, 2005.  See supra note 3.
6Notice of Suspension, 20 FCC Rcd at 5131.
7Id. at 5132; 47 C.F.R.  54.521(c).
8See Notice of Suspension, 20 FCC Rcd at 5131-32.
9See 47 C.F.R.  54.521(a)(1), 54.521(a)(5), 54.521(d); 
Notice of Suspension, 20 FCC Rcd at 5132.
10Any further reference in this letter to ``your 
conviction'' refers to your March 1, 2005 conviction based 
on your December 8, 2003 guilty plea to this count because 
you ``did knowingly combine, conspire, confederate and agree 
with persons ... to corruptly give, offer and agree to give 
things of value to another person with the intent to 
influence an agent of the Harrisburg School District.''  See 
United States v. Weaver, Criminal Docket No. 03-337, 
Information at 4  (M.D.Pa. filed December 8, 2003) (``Weaver 
Information''); United States v. Weaver, Criminal Docket No. 
03-337, Plea Agreement at 1-2 (M.D.Pa. filed December 8, 
2003) (``Weaver Plea Agreement''); United States v. Weaver, 
Judgment (M.D.Pa. filed on March 1, 2005 and entered on 
March 4, 2005) (``Weaver Judgment'').
1147 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).
1247 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'').
13Second 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).
14Second Report and Order, 18 FCC Rcd at 9226,  69; 47 
C.F.R.  54.521(e)(1).
15Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(4).
16Second Report and Order, 18 FCC Rcd at 9226,  70.
1747 C.F.R.  54.521(f).
18See Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(5), 54.521(f).
19Second Report and Order, 18 FCC Rcd at 9225,  66.
20    Weaver Judgment at 1; Weaver Plea Agreement at 1-2.
21    Weaver Information 2-3, 6-7; Weaver Plea Agreement at 
1-2. 
22Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(2)(i).
23``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).
24See Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(2(i), 54.521(e)(3). 
25Second Report and Order, 18 FCC Rcd at 9227,  74.
26See id., 18 FCC Rcd at 9226,  70; 47 C.F.R.  
54.521(e)(5).
27Id.  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).
28Second Report and Order, 18 FCC Rcd at 9225,  67; 47 
C.F.R.  54.521(d), 54.521(g).
29Id.