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                             SEPARATE STATEMENT OF

                       COMMISSIONER JONATHAN S. ADELSTEIN

                                   CONCURRING

   Re: NEC-Business Network Solutions, Inc., Notice of Debarment and Order
   Denying Waiver Petition, File No. EB-03-IH-0738, FCC 06-91 (June 21,
   2006).

   Since its inception, the universal service support mechanism for schools
   and libraries (commonly referred to as the E-rate program) has opened up a
   new world of learning and opportunity for millions of school children and
   library patrons. To ensure the continued success of the E-Rate program, we
   must remain committed to monitoring, auditing, reviewing and reinforcing
   the program. A critical part of our Commission oversight is the use of
   debarment, which prohibits bad actors from participating in the program.
   Accordingly, I support our decision in this Order to debar NEC from all
   involvement in the E-Rate program, our first such action against a
   corporate defendant.

   I concur in, rather than approve, this Order because I would have
   supported a longer debarment period. The Commission's rules provide for a
   debarment period of three years, which may be extended to protect the
   public interest or reduced upon a finding of extraordinary circumstances.
   I note that the Department of Justice has encouraged the Commission to
   exercise our debarment policy in a way that encourages early and complete
   cooperation from defendants, and I recognize that the Commission may take
   into account payment of fines and restitution, the length of time that a
   provider has not participated, and most importantly a high degree of
   cooperation with law enforcement. Even weighing these factors, the
   six-month debarment period adopted in this Order falls short, given the
   scope and seriousness of the fraud-related activities in this case. Strong
   enforcement encourages compliance, and penalties should be substantial
   enough to constitute more than just a cost of doing business. In this
   case, a longer debarment period would have sent a stronger and clearer
   message that fraud will not be tolerated.

   Federal Communications Commission FCC 06-91