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                                                      DA 04-2034
                                                    July 7, 2004


 THE ENFORCEMENT BUREAU, INVESTIGATIONS AND HEARINGS DIVISION, 
 SEEKS COMMENT ON NEC BNS PETITION FOR WAIVER OF SECTION 54.521 
                   OF THE COMMISSION'S RULES

                         EB-03-IH-0738
                                                                
Comment Date:  July 19, 2004 
Reply Comment Date:  July 29, 2004 

  On May 27, 2004, NEC Business Solutions, Inc. (``NEC BNS'') 
filed a petition1 with the Commission for a waiver of section 
54.521 of the Commission's rules.2  Section 54.521 provides that 
the Commission shall suspend and initiate debarment proceedings 
against persons convicted of fraud or related criminal acts 
arising out of activities associated with the schools and 
libraries E-Rate program.  NEC BNS recently pled guilty to one 
count of wire fraud and one count of antitrust violation arising 
from its participation as a service provider in the E-Rate 
program.3  A copy of NEC's waiver request, plea agreement, and 
supplement to the waiver request is attached to this Public 
Notice.  We seek comment on NEC BNS's petition, in light of the 
novel relief that it requests.  

  Requests for waiver of the Commission's rules are subject to 
treatment by the Commission as restricted proceedings for ex 
parte purposes under section 1.1208 of the Commission's rules 
unless otherwise provided.4  Because this request may implicate 
broadly applicable policy issues, we believe it would be in the 
public interest to treat this case as a permit-but-disclose 
proceeding under the ex parte rules.5  Ex parte presentations 
that are made with respect to the issues involved in the 
petition will be allowed but must be disclosed in accordance 
with the requirements of  1.1206(b) of the Commission's rules.6  
Commenters seeking to protect the confidentiality of information 
produced shall follow the procedures set forth in Commission 
rule section 0.459.7   

  Pursuant to sections 1.415 and 1.419 of the Commission's 
rules, interested persons may file comments on NEC BNS's waiver 
request on or before July 19, 2004.8  Reply comments must be 
filed on or before July 29, 2004.  All comments should reference 
the NEC BNS waiver request, including the Enforcement File 
number, EB-03-IH-0738, and the DA number of this Public Notice.  
Interested persons should file an original and four copies of 
their comments with the Office of the Secretary, Federal 
Communications Commission, 445 12th Street, S.W., Room TW-A325, 
Washington, D.C. 20554.

  Filings can be submitted by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight 
U.S. Postal Service mail (although we continue to experience 
delays in receiving U.S. Postal Service mail).  

  The Commission's contractor, Natek, Inc., will receive hand-
delivered or messenger-delivered paper filings for the 
Commission's Secretary at 236 Massachusetts Avenue, N.E., Suite 
110, Washington, D.C.  20002.  The filing hours at this location 
are 8:00 a.m. to 7:00 p.m.  All hand deliveries must be held 
together with rubber bands or fasteners.  Any envelopes must be 
disposed of before entering the building.  Commercial overnight 
mail (other than U.S. Postal Service Express Mail and Priority 
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, 
MD 20743.  U.S. Postal Service first-class mail, Express Mail, 
and Priority Mail should be addressed to 445 12th Street, SW, 
Washington, D.C. 20554.  All filings must be addressed to the 
Commission's Secretary, Office of the Secretary, Federal 
Communications Commission.

  Commenters should also send one (1) copy to the Commission's 
copy contractor, Best Copy and Printing, Inc., 445 12th Street, 
S.W., Room CY-B402, Washington, D.C. 20554, or via e-mail at 
joshir@erols.com, and three (3) paper copies and one (1) 
diskette copy of their filing in an IBM compatible format using 
Word or Acrobat Reader (with the .pdf extension) to Ernestine 
Creech, Investigation and Hearings Division, Enforcement Bureau, 
Federal Communications Commission, 445 Twelfth Street S.W., Room 
3A-247, Washington, D.C. 20554.  A courtesy copy of all comments 
should be provided in an IBM compatible format using Word or 
Acrobat Reader (with the .pdf extension) via e-mail to 
diana.lee@fcc.gov.  In addition, a copy of their filing should 
be served on Richard Rubin, Counsel for NEC BNS, at 701 
Pennsylvania Avenue, N.W., Suite 800, Washington, DC 20004-2608, 
or provided via e-mail to rrubin@thelenreid.com.  

  Filings and comments are available for public inspection and 
copying during regular business hours at the FCC Reference 
Center, Portals II, 445 12th Street, S.W., Room CY-A257, 
Washington, D.C. 20554, (202) 418-0270.  They may also be 
purchased from the Commission's copy contractor, Best Copy and 
Printing, Inc., 445 12th Street, S.W., Room CY-B402, Washington, 
D.C. 20554, telephone 1(800) 378-3160 or (202) 863-2893, 
facsimile (202) 863-2898, or via e-mail at joshir@erols.com.

  For further information, contact Hillary DeNigro at (202) 
418-7334 or Diana Lee at (202) 418-0843.

  Action by the Chief, Investigations and Hearings Division.


_________________________

1 NEC Business Network Solutions, Inc.  Petition for Waiver of 
Section 54.521 of the Commission's Rules, EB-03-IH-0738, dated 
May 27, 2004 (``NEC BNS Petition'').
2 47 C.F.R.  54.521.
3 See NEC BNS Petition at 4-5.
4 47 C.F.R.  1.1208.
5 47 C.F.R.  1.1200(a), 1.1206.
6 47 C.F.R.  1.1206(b).
7 47 C.F.R  0.459.
8 47 C.F.R.  1.415, 1.419.