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                                                        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.1  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.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  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'').11  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.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
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)


_________________________

1 Any 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'').
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.
11    Weaver Judgment at 1; Weaver Plea Agreement at 1-2.
12    Weaver Information 2-3, 6-7; Weaver Plea Agreement at 1-2. 
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.