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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.