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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.