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DA 05-2349
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ronald R. Morrett, Jr.
1809 Holly Drive
Harrisburg, PA 17110
Re: Notice of Debarment, File No. EB-03-IH-0615
Dear Mr. Morrett:
Pursuant to section 54.521 of the rules of the Federal
Communications Commission (the ``Commission''), by this Notice of
Debarment you are debarred from the schools and libraries
universal service support mechanism (or ``E-Rate program'') for a
period of three years.1
On June 23, 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 July 13, 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 May
16, 2005, you were convicted based on your guilty plea to a
felony information charging you with conspiracy to corruptly
give, offer, and agree to give things of value with the intent to
influence an agent of the Harrisburg (Pennsylvania) School
District, in violation of 18 U.S.C. § 371.6 You pled guilty to
conspiring with John H. Weaver and others to make and
subsequently making kick-back payments of more than $1.9 million
to Weaver while he, as Information Technology Officer of the
district, processed work-completed certifications that were
essential to you in obtaining E-Rate payments under the multi-
million dollar E-Rate contract awarded by the district to your
company, EMO Communications, Inc.7 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.8 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.9
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.''10
Sincerely,
William H. Davenport
Chief
Investigations and Hearings
Division
Enforcement Bureau
cc: Brian Perry, Esq., Nealson & Gover
Kristy Carroll, Esq., USAC (E-mail)
Marty Carlson, Esq., Assistant United States Attorney,
Middle District of Pennsylvania (E-mail)
DA 05-1729
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ronald R. Morrett, Jr.
1809 Holly Drive
Harrisburg, PA 17110
Re: Notice of Suspension and of Proposed Debarment
File No. EB-03-IH-0615
Dear Mr. Morrett:
The Federal Communications Commission (``FCC'' or
``Commission'') has received notice of your May 16, 2005
conviction for conspiracy to engage in bribery in a federally
funded program, in violation of 18 U.S.C. § 371.11 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 (or ``E-Rate program''). In
addition, the Enforcement Bureau (``Bureau'') hereby notifies you
that we are commencing debarment proceedings against you.12
I. Notice of Suspension
Pursuant to section 54.521(a)(4) of the Commission's
rules,13 your conviction requires the Bureau to suspend you from
participating in any 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.14 Your suspension becomes effective
upon the earlier of your receipt of this letter or publication of
notice in the Federal Register.15
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.16 Such requests, however, will not ordinarily be
granted.17 The Bureau may reverse or limit the scope of
suspension only upon a finding of extraordinary circumstances.18
Absent extraordinary circumstances, the Bureau will decide any
request for reversal or modification of suspension within 90 days
of its receipt of such request.19
II. Notice of Proposed Debarment
II.A. Reasons for and Cause of Debarment
The Commission has established 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.20 As provided by your December 8,
2003 plea agreement upon which your conviction is based, you
pleaded guilty to a felony information charging you with
conspiracy in violation of 18 U.S.C. § 371.21 The felony
information alleges that in 2000, the Harrisburg (Pennsylvania)
School District awarded a multi-million dollar E-Rate contract to
you and EMO Communications, Inc. (``EMO'') for the development
and installation of an educational technology system for the
school district; that a grant from the E-Rate program funded a
substantial portion of the cost of this contract; that you and
EMO received payments from the E-Rate program only after John
Weaver, Information Technology Director for the school district,
certified that you and EMO had performed specified work under the
contract; and that you agreed to make kickback payments of more
than $1.9 million to Weaver while he processed certifications
that were essential to you in obtaining E-Rate funded payments on
the contract.22 The felony information charges you, Weaver, and
others with conspiring to corruptly give, offer, and agree to
give things of value with the intent to influence an agent of the
Harrisburg School District and in furtherance of that conspiracy,
causing more than $1.9 million in payments to be made to
Weaver.23 Pursuant to your plea agreement, you have pleaded
guilty to the charge of conspiracy set forth in the felony
information. These actions constitute the conduct or
transactions upon which this debarment proceeding is based.24
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.25 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.26 Absent
extraordinary circumstances, the Bureau will debar you.27 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.28 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 the decision in the Federal Register.29
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.30 The Bureau may,
if necessary to protect the public interest, extend the debarment
period.31
Please direct any responses to the following address:
Diana Lee
Federal Communications Commission
Enforcement Bureau, Investigations and Hearings Division
Room 4C-330
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 the 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: Brian Perry, Esq., Nealson & Gover
Kristy Carroll, Esq., USAC (E-mail)
Marty Carlson, Esq., Assistant 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 Mr. Ronald R. Morrett, Jr., Notice of Suspension
and Proposed Debarment, 20 FCC Rcd 10888 (Inv. & Hearings Div.,
Enf. Bur. 2005) (Attachment 1).
370 Fed. Reg. 40360 (Jul. 13, 2005).
4See Notice of Suspension, 20 FCC Rcd at 10888-91.
5See 47 C.F.R. § 54.521(e)(3) and (4). That date occurred no
later than August 12, 2005. See supra note 3.
6Notice of Suspension, 20 FCC Rcd at 10888-90
7Notice of Suspension, 20 FCC Rcd at 10889-90.
8Id. at 10890; 47 C.F.R. § 54.521(c).
9See Notice of Suspension, 20 FCC Rcd at 10890.
10See 47 C.F.R. §§ 54.521(a)(1), 54.521(a)(5), 54.521(d); Notice
of Suspension, 20 FCC Rcd at 10890-91.
11Any further reference in this letter to ``your conviction''
refers to your December 8, 2003 guilty plea for conspiracy and
conviction therefor. See United States v. Morrett, Criminal
Docket No. 03-337, Information at 4 (M.D.Pa. filed December 8,
2003) (``Morrett Information''); United States v. Morrett,
Criminal Docket No. 03-337, Plea Agreement at 1-2 (M.D.Pa. filed
Dec. 8, 2003) (``Morrett Plea Agreement''); United States v.
Morrett, Criminal Docket No. 03-337, Judgment (M.D.Pa. filed May
16, 2005 and entered May 18, 2005).
1247 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).
1347 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'').
14Second 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).
15Second Report and Order, 18 FCC Rcd at 9226, ¶ 69; 47 C.F.R. §
54.521(e)(1).
16Second Report and Order, 18 FCC Rcd at 9226, ¶ 70; 47 C.F.R. §
54.521(e)(4).
17Second Report and Order, 18 FCC Rcd at 9226, ¶ 70.
1847 C.F.R. § 54.521(f).
19See Second Report and Order, 18 FCC Rcd at 9226, ¶ 70; 47
C.F.R. §§ 54.521(e)(5), 54.521(f).
20Second Report and Order, 18 FCC Rcd at 9225, ¶ 66.
21See Morrett Plea Agreement at 1.
22Morrett Information at 2-3.
23Morrett Information at 4-5.
24Second Report and Order, 18 FCC Rcd at 9226, ¶ 70; 47 C.F.R. §
54.521(e)(2)(i).
25``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).
26See Second Report and Order, 18 FCC Rcd at 9226, ¶ 70; 47
C.F.R. §§ 54.521(e)(2(i), 54.521(e)(3).
27Second Report and Order, 18 FCC Rcd at 9227, ¶ 74.
28See Id., 18 FCC Rcd at 9226, ¶ 70; 47 C.F.R. § 54.521(e)(5).
29Id. 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).
30Second Report and Order, 18 FCC Rcd at 9225, ¶ 67; 47 C.F.R. §§
54.521(d), 54.521(g).
31Id.