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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                           
                                                                
                                    )                           
     In the Matter of                                           
                                    )   File No. EB-05-IH-0012  
     Inter-Tel Technologies, Inc.                               
                                    )                           
                                                                
                                    )                           



                              NOTICE OF DEBARMENT

   Adopted: June 21, 2006    Released: June 30, 2006

   By the Commission: Commissioners Copps and Adelstein concurring and
   issuing separate statements.

                               Table of Contents

   Heading Paragraph #

   I.  INtroduction 1

   II.  BackGRound 4

   A. Inter-Tel's Criminal Conviction 9

   B. Procedural History 12

   III.  DISCUSSION 14

   A. Debarment Decision 15

   B. Additional Precautionary Measures 19

   C. Inter-Tel's Remaining Arguments 21

   IV.  CONCLUSION 25

   V.  ORDERING CLAUSES 26

   I. INtroduction

    1. This item debars Inter-Tel Technologies, Inc. ("Inter-Tel") from all
       activities associated with the schools and libraries universal service
       support mechanism, also known as the E-Rate program. Like NEC, whose
       conduct is addressed in the companion NEC Debarment Order released
       today, Inter-Tel pled guilty to and was convicted of serious
       fraud-related felonies against the E-Rate program. We find Inter-Tel's
       conduct merits a debarment period of at least three years, as our
       debarment rules contemplate, but, in light of several important
       factors, we will impose a debarment period of one year from the
       effective date of this Order. These factors include Inter-Tel's
       cooperation with the U.S. Department of Justice ("DOJ") during the
       investigation and prosecution of its wrongdoing, explained in a letter
       DOJ filed in the record of the debarment proceeding; the mitigating
       steps Inter-Tel has taken to remedy its past conduct and prevent
       future problems with its participation in the E-Rate program; and the
       fact that Inter-Tel states that it has not participated in the E-Rate
       program during the past few years.

    2. In addition, as another precaution to protect the integrity of the
       E-Rate program, this item imposes certain other measures to monitor
       Inter-Tel's compliance with the Commission's E-Rate rules during its
       first two funding years of re-entry into the E-Rate program. We order
       the Universal Service Administration Company ("USAC" or the
       "Administrator") to review with heightened scrutiny Inter-Tel's
       applications submitted during those two funding years. We further
       direct the Administrator to conduct automatic annual audits to ensure,
       during those funding years, that Inter-Tel complies with our rules,
       and that E-Rate funds are disbursed for their intended purpose.

    3. We take these actions as part of our on-going commitment to protect
       the public interest and integrity of the E-Rate program in particular.
       We will continue to take appropriate enforcement actions against bad
       actors in the E-Rate program in future cases as warranted by the
       particular circumstances.

   II. BackGRound

    4. In the companion NEC Debarment Order, we describe in detail the
       critical goal of universal service to all Americans that Congress
       entrusted to the Commission in section 254 of the Act, and the
       Commission's implementation of that directive. Those facts are set
       forth in summary fashion below and the more detailed recitation from
       the companion order is incorporated herein by reference.

    5. Through the universal service program, Congress sought to ensure that
       quality services and affordable rates are available throughout the
       country, including to specific underserved categories in our society:
       eligible schools and libraries, low-income consumers, rural health
       care providers, and consumers living in high-cost areas. At the
       direction of Congress, the Commission implemented the E-Rate program
       to provide discounts to schools and libraries for certain services,
       including local and long distance telephone service, Internet access,
       and internal connections. Because of the E-Rate program, millions of
       schoolchildren and library patrons now have access to telecom services
       and the Internet in their classrooms and libraries.

    6. By Commission order, USAC administers the federal universal service
       fund ("USF") and the E-Rate program. Since 1997, it has disbursed
       approximately $30.3 billion to the universal service programs,
       including nearly $15 billion in commitments since 1998 to support the
       schools and libraries mechanism. As we explain in the NEC Debarment
       Order, the Commission has imposed numerous safeguards governing the
       disbursement of these E-Rate funds, including mandatory competitive
       bidding by service providers, certification requirements from
       authorized officers within the schools and libraries about their
       services and vendors, and truthful and accurate billing for services
       by vendors. The NEC Debarment Order describes how we regularly review
       and update our rules as necessary to impose additional safeguards
       where we see the potential for mischief.

    7. In 2003 the Commission adopted a rule for automatic suspension and
       initiation of debarment proceedings against persons convicted of, or
       held civilly liable for, the commission or attempted commission of
       fraud and other similar offenses "arising out of activities associated
       with or related to the schools and libraries support mechanism."
       Suspension and debarment prevent the subject from participating in the
       E-Rate program and thereby protect the fund from persons adjudicated
       by courts of competent jurisdiction to have committed fraud against
       the program. As we explain in the NEC Debarment Order, the Commission
       implemented the debarment rule to protect the integrity of the
       program. Moreover, the Commission explicitly rejected a
       government-wide standard where an entity "may" be debarred based on a
       conviction or civil judgment. Instead, the Commission adopted an
       automatic suspension and debarment process, concluding that such a
       rule is necessary to accomplish our goal of eliminating waste, fraud,
       and abuse.

    8. Pursuant to our debarment rule, the trigger for a Commission debarment
       proceeding is a civil judgment or criminal conviction in a court of
       competent jurisdiction "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." We issue a notice of
       suspension and initiate debarment proceedings to ensure that the
       convicted person cannot continue to benefit from the program pending
       resolution of the debarment process. The suspended person or any
       interested party has 30 days to contest the suspension or proposed
       debarment, or seek to limit its scope. After receipt of such a
       request, the Commission must provide the petitioner notice of the
       decision to debar, prohibiting its participation in the E-Rate
       program, absent extraordinary circumstances. Since the debarment rule
       became effective, there have been eight convictions of individuals and
       four corporations related to their participation in the E-Rate
       program. After each conviction following enactment of the rule, the
       Commission initiated debarment proceedings against the perpetrators.
       The Commission has debarred the eight individuals, and the Commission
       today resolves the proceedings involving two of the four corporations.
       The proceedings involving the other two corporations remain pending.

     A. Inter-Tel's Criminal Conviction

    9. Inter-Tel sells telecommunications products and services. It is a
       wholly-owned subsidiary of Inter-Tel, Incorporated, a public company
       that designs, contracts for manufacture, and sells telecommunications
       products and services. The Inter-Tel case arises out of a DOJ civil
       and criminal investigation into, among other things, Inter-Tel's
       participation in the E-Rate program from December 1999 to March 2001.
       On January 5, 2005, Inter-Tel pled guilty to two crimes, an antitrust
       violation involving the submission of fraudulent and non-competitive
       bids, and a mail fraud violation involving the submission of inflated
       invoices to the Administrator. Inter-Tel was the second corporation
       convicted of crimes related to the E-Rate program since the enactment
       of the Commission's debarment rule.

   10. The scheme originated in 1999 when Inter-Tel agreed to pay a
       co-conspirators fee for all E-Rate business opportunities that the
       company brought to Inter-Tel and a fee for assistance in managing
       those opportunities. In early 2000, Inter-Tel submitted a bid to the
       San Francisco Unified School District, including the co-conspirators'
       equipment in the bid. A co-conspirator ran the bidding and ensured
       that a portion of the contract was awarded to Inter-Tel. Thereafter,
       Inter-Tel assisted the co-conspirators in falsifying the application
       for funds by concealing video-conference equipment in the list of
       equipment and prices for Inter-Tel's E-Rate submission.
       Video-conferencing equipment was not eligible for E-Rate funding at
       that time. In addition, a co-conspirator submitted inflated invoices
       to the Administrator, which Inter-Tel learned about, but took no steps
       to correct. Overall, the prices submitted for the San Francisco
       Unified Public School District were approximately $26 million greater
       than the amounts that vendors bid. During about the same period,
       Inter-Tel also participated in a similar criminal conspiracy to
       frustrate the competitive bidding process required by E-Rate program
       rules in two other school districts in two states.

   11. As a result of these criminal schemes, the Administrator paid E-Rate
       funds to service providers that were not selected through the
       competitive bidding process, for equipment that was not eligible for
       E-Rate funding, and at prices that exceeded the original bid amounts
       of the services and equipment. After an investigation, DOJ entered
       into a civil settlement with Inter-Tel on December 8, 2004. Inter-Tel
       also pled guilty to and, on January 5, 2005, was convicted of two
       felony offenses, one involving mail fraud, the other involving
       conspiracy to suppress and eliminate competition in violation of the
       Sherman Antitrust Act. For its conduct, Inter-Tel agreed to pay
       $1,721,000 in criminal fines, and to provide $7 million as restitution
       and damages, $3.5 million of which is allocated to the Commission for
       the USF as full restitution. Inter-Tel also agreed to implement a
       compliance plan and remedial measures, and to cooperate with DOJ.

     A. Procedural History

   12. After the court entered the order accepting the plea agreement,
       Commission staff issued the Notice of Suspension to Inter-Tel on
       January 19, 2005. The Notice of Suspension was published in the
       Federal Register on February 2, 2005. Inter-Tel filed a response to
       the Notice of Suspension on February 22, 2005, raising several
       arguments concerning the scope and duration of debarment. Among other
       things, Inter-Tel argues that it has been subject to de facto
       debarment from the E-Rate program beginning in early 2003.

   13. On March 1, 2005, DOJ submitted a letter documenting Inter-Tel's
       cooperation throughout the investigation that resulted in the guilty
       plea. The letter cites the utility of Inter-Tel's continued
       cooperation with the pending prosecutions of others and notes that
       Inter-Tel was the second corporate plea in the E-Rate context. On
       March 15, 2005, the Colusa Unified School District ("Colusa") filed a
       letter that takes no position on Inter-Tel's proposed debarment but
       supports Inter-Tel's request to continue providing limited services
       and product sales for maintenance and repair in relation to the school
       district's phone system.

   III. DISCUSSION

   14. In general, the Commission's debarment rule states that upon criminal
       conviction of certain offenses arising out of activities associated
       with or related to the E-Rate program,, the Commission shall suspend
       and debar the convicted person from the E-Rate program absent
       extraordinary circumstances. The rules state that the time period for
       debarment is three years, although the rules contemplate that the
       Commission might modify the period in particular circumstances; the
       Commission might lengthen the period of debarment "if necessary to
       protect the public interest," and it might reverse or limit the scope
       or period of debarment "upon a finding of extraordinary
       circumstances." In implementing the debarment rule, the Commission
       stated that, in light of the statutory obligation to preserve and
       advance universal service, the Commission would set a very high
       threshold for parties claiming that their debarment was not warranted
       in circumstances in which a court of competent jurisdiction has
       concluded that the person has committed some form of fraud related to
       the E-Rate program. The Second Report and Order offers only one
       example of such "extraordinary circumstances" -- reversal of the
       conviction or judgment upon which the debarment was based. As
       explained below, the conduct leading to Inter-Tel's criminal
       conviction merits a debarment period of at least three years, but in
       light of several important factors, we limit the debarment period to
       one year. We find, based on the unique circumstances of this case,
       imposing a one-year debarment period is in the public interest.

     A. Debarment Decision

   15. We debar Inter-Tel because it has been convicted of fraud-related
       offenses involving its participation in the E-Rate program, and there
       are no extraordinary circumstances sufficient to justify avoidance or
       waiver of debarment. On January 5, 2005, Inter-Tel pled guilty to and
       was convicted of two counts of criminal misconduct arising out of its
       conduct in the E-Rate program from 1999 to 2001. Specifically,
       Inter-Tel was convicted of an antitrust violation involving the
       submission of fraudulent and non-competitive bids and a mail fraud
       violation involving the submission of inflated invoices to the
       Administrator. Pursuant to section 54.521(b) of our rules, the
       Commission "shall . . . debar" a company convicted of a crime
       involving fraud in the E-Rate program, absent extraordinary
       circumstances. The offenses for which Inter-Tel was convicted are
       expressly listed as "causes for suspension and debarment" in section
       54.521(c) of our rules. Strict application of the debarment rule to
       remove bad actors from the program for a period of time is necessary
       to protect the integrity of the E-Rate program. Accordingly, we
       conclude that Inter-Tel must be debarred to protect the program
       against additional waste, fraud, and abuse.

   16. We also recognize, however, the existence of several important
       countervailing considerations that warrant a reduction in the standard
       debarment period. First, DOJ, as obligated by Inter-Tel's Plea
       Agreement, filed a letter describing Inter-Tel's cooperation with the
       investigation of the company. DOJ states that Inter-Tel cooperated by
       "supplying information and documents as well as encouraging current or
       former employees to cooperate." DOJ characterizes this cooperation as
       enabling it "to expand [its] knowledge base to criminal behavior at
       school districts not previously covered in other pleas" and notes that
       "the nature, speed, and extent of Inter-Tel's cooperation has been
       very helpful in developing [its] investigation to date." A second
       countervailing consideration is, as DOJ notes, that "Inter-Tel has
       also agreed to an intensive, multi-year program of monitoring,
       training, and auditing of government procurement contracts" at its
       expense. Consistent with this, Inter-Tel asserts that it has
       implemented a comprehensive anti-fraud and antitrust compliance plan.
       DOJ also notes that Inter-Tel has accepted full responsibility for its
       wrongdoing through payment of nearly $9 million in fines, civil
       settlement, and restitution. DOJ considered these actions to be
       valuable to this and future prosecutions. Finally, we recognize that
       there has been a substantial period of time during which the company
       has not participated in the E-Rate program, since 2003.

   17. Under these circumstances, including DOJ's recognition of Inter-Tel's
       cooperation, the company's programmatic changes and remedial measures,
       and its lack of participation in the E-Rate program for a number of
       years, we limit Inter-Tel's debarment period to one year. We debar
       Inter-Tel for a longer period than NEC in the companion order we
       release today, principally because DOJ appears to value the
       cooperation of Inter-Tel less than that of NEC. As explained in the
       NEC Debarment Order, DOJ submitted not one but two letters in the
       record in that proceeding. The first letter DOJ submitted in the NEC
       proceeding was similar to the letter DOJ submitted in the instant
       proceeding; DOJ submitted both letters as part of its obligation under
       the Plea Agreements with both corporations to advise agencies such as
       the Commission about each company's cooperation during its
       investigation of them, and DOJ described their cooperation in similar
       terms. As explained in the NEC Debarment Order, however, DOJ submitted
       a second letter in that proceeding that went beyond merely reciting
       NEC's cooperation, by explaining the importance of NEC's cooperation
       in particular as the first company to break ranks within its
       conspiracy. DOJ specifically notes that NEC's cooperation enabled DOJ
       to uncover conspiratorial misconduct that might never have been
       otherwise detected. Although DOJ notes that Inter-Tel's cooperation
       has been helpful, DOJ believes that NEC's cooperation, as the first
       company "to turn on its cooperators," is deserving of special
       consideration.

   18. Thus, although we find that there are countervailing considerations in
       both cases to justify a reduction in the general debarment period of
       three years, we find under the unique facts and circumstances of each
       case that the public interest is best served by debarring NEC for a
       period of six months, while debarring Inter-Tel for a period of one
       year. We believe a period of one year adequately reflects credit for
       Inter-Tel's cooperation with DOJ, which was less important to DOJ than
       NEC's cooperation. Accordingly, we debar Inter-Tel Technologies, Inc.
       for one year from the effective date of this Order.

     A. Additional Precautionary Measures

   19. As an additional precaution to protect the E-Rate program, we put in
       place two monitoring measures to ensure Inter-Tel's compliance upon
       its re-entry into the E-Rate program. First, we order USAC to review
       with heightened scrutiny Inter-Tel's applications submitted during the
       first two funding years after re-entry.

   20. Second, we order the Administrator to conduct automatic annual audits
       regarding Inter-Tel's compliance with the Act and the Commission's
       rules governing the E-Rate program, for each of the first two funding
       periods upon Inter-Tel's re-entry. We find these additional
       precautionary measures are necessary to ensure that E-Rate funds are
       used only for their intended purpose and that the program is not
       subject to additional waste, fraud, or abuse.

     A. Inter-Tel's Remaining Arguments

   21. We deny Inter-Tel's request to continue to receive E-rate
       reimbursement for limited products/service sales for the maintenance
       and repair of its systems for existing E-rate customers. Having
       determined that Inter-Tel's conduct warrants debarment, we find that
       our goal of preventing waste, fraud, and abuse compels us to deny
       Inter-Tel any reimbursement of E-rate funds during its period of
       debarment. We conclude that, during the debarment period, Inter-Tel is
       prohibited from receiving any E-rate reimbursement for limited
       services and products sales for maintenance and repair of its systems
       for pre-existing E-rate customers. Schools and libraries that
       currently have Inter-Tel system installations may make alternative
       arrangements with other service providers for maintenance and repair
       products and services.

   22. Similarly, we have considered but must deny Colusa's request that
       Inter-Tel be permitted "to continue to provide limited services and
       product sales for maintenance and repair" of a system installed in
       Colusa's district office and for Inter-Tel to install that system in
       four other schools. Although Colusa acknowledges that program rules
       permit it to change service providers to do such work, the school
       states that a change would impose a hardship. Colusa notes, however,
       that in updating its 2005 E-Rate bid application, which was due no
       later than February 2005, it was "referred to a third party dealer who
       could provide us with a bid for the Inter-Tel phone system we would
       require." It states that the need for a referral "caused a delay in
       getting a bid and an overall hassle dealing with a different party
       than Inter-Tel." We are sympathetic to the inconvenience caused to
       Colusa by the need for the referral. It does appear, however, that the
       school was able to engage another party to bid on the project and
       therefore it does not appear that there is a pressing need for
       Inter-Tel's services in Colusa.

   23. Inter-Tel argues that our rules are flawed because they do not credit
       carriers with time under suspension or de facto debarment. We find
       these arguments are sufficiently addressed by our decision because we
       limit Inter-Tel's debarment period to one year.

   24. Finally, we find that this debarment action is effective as to
       Inter-Tel Technologies, Inc., including any and all of its successors
       and assigns. Inter-Tel argues that its parent company, Inter-Tel,
       Inc., and other subsidiaries of Inter-Tel, Inc., should not be
       debarred because Inter-Tel Technologies, Inc. was the only entity to
       be convicted. We agree and note that our debarment of Inter-Tel does
       not extend to Inter-Tel's parent or to other subsidiaries of
       Inter-Tel, Inc. as long as those companies are not successors or
       assigns of Inter-Tel Technologies, Inc.

   IV. CONCLUSION

   25. Based on the foregoing, Inter-Tel Technologies, Inc., including its
       successors and assigns, is hereby debarred from the E-Rate program for
       one year, beginning on the earlier of Inter-Tel's receipt of this
       Order, or its publication in the Federal Register. During the period
       in which Inter-Tel will serve its debarment, Inter-Tel, including its
       successors and assigns, is prohibited from all 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."  We will continue to take
       appropriate actions in future cases as warranted by the particular
       circumstances to protect the integrity of the program.

   V. ORDERING CLAUSES

   26. Accordingly, IT IS ORDERED, pursuant to section 54.521 of the
       Commission's rules, 47 C.F.R. S 54.521, that Inter-Tel Technologies,
       Inc., including its successors and assigns, IS DEBARRED from the
       schools and libraries universal service support mechanism for one
       year, effective upon the earlier of Inter-Tel's receipt of this Notice
       of Debarment or publication in the Federal Register.

   27. IT IS FURTHER ORDERED that the Universal Service Administrative
       Company shall review with heightened scrutiny Inter-Tel's applications
       submitted during the first two funding years upon its re-entry into
       the E-Rate program.

   28. IT IS FURTHER ORDERED that the Universal Service Administrative
       Company shall conduct automatic annual audits on Inter-Tel's E-Rate
       activities during the first two funding years upon its re-entry into
       the E-Rate program.

   29. IT IS FURTHER ORDERED that the Enforcement Bureau shall send, by
       certified mail/return receipt requested, a copy of this Notice of
       Debarment to Angela B. Styles, Miller & Chevalier, Chartered, Counsel
       to Inter-Tel Technologies, Inc., 655 Fifteenth Street, NW, Suite 900,
       Washington DC 20005-5701, to John T. Nakahata, Harris, Wiltshire &
       Grannis, LLP, Counsel to Inter-Tel Technologies, Inc., 1200 18th
       Street, NW, Suite 1200, Washington, DC 20036.

   30. IT IS FURTHER ORDERED that the Enforcement Bureau staff shall send,
       via email, a copy of this Notice on the release date to Angela B.
       Styles, [1]astyles@milchev.com, and John T. Nakahata,
       [2]JNakahata@harriswiltshire.com, Counsel to Inter-Tel Technologies,
       Inc.

   31. IT IS FURTHER ORDERED, pursuant to section 54.521 of the Commission's
       rules, 47 C.F.R. S 54.521, that this Notice SHALL BE PUBLISHED in the
       Federal Register.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

                            CONCURRING STATEMENT OF

                         COMMISSIONER MICHAEL J. COPPS

   Re: In the Matter of Inter-Tel Technologies, Inc., File No. EB-05-IH-0012

   The E-Rate program continues to provide the essential digital tools our
   children need for success in the Digital Age by connecting our schools and
   libraries to the Internet. Indeed, E-Rate is a lifeline for the hardest to
   reach and poorest children who are eager to learn and at risk of being
   left behind as technology moves forward. Like any great program, E-Rate
   cannot meet its full potential without regular review and care. And in
   this regard, there are many who deserve credit for their vigilance in
   rooting out waste, fraud and abuse from the program. The FCC, Department
   of Justice and E-Rate's Schools and Libraries Division have all stepped up
   to the plate to provide greater oversight of the program to ensure that
   limited resources find their rightful homes and are used most effectively.

   The conviction of Inter-Tel Technologies, Inc. and today's debarment is
   further evidence of these efforts. Inter-Tel's activities were designed to
   bilk the E-Rate program of millions of dollars and it is certainly this
   type of case the FCC had in mind when three years ago it enacted its
   debarment requirements. I therefore concur in the decision to debar
   Inter-Tel from the E-Rate program for the period of one year. However, as
   I said when the Commission enacted the debarment rules, "we need to be
   dead serious about rooting out abuses." In point of fact, activities like
   those engaged in by Inter-Tel typically merit a lengthier debarment
   period. The Commission missed an opportunity here to send a sterner
   message to other corporations and individuals contemplating similar
   wrongdoings that such activities will not be tolerated by this Agency.

                             SEPARATE STATEMENT OF

                       COMMISSIONER JONATHAN S. ADELSTEIN

                                   CONCURRING

   Re: InterTel Technologies, Inc., Notice of Debarment, File No.
   EB-03-IH-0012, FCC 06-92 (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 Inter-Tel
   Technologies from all involvement in the E-Rate program, one of our first
   such actions 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
   one-year 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.

   NEC-Business Network Solutions, Inc., Notice of Debarment and Order
   Denying Waiver Petition, FCC 06-91 (the "NEC Debarment Order"). This case
   arises out of the same underlying federal criminal investigation as
   another debarment matter involving NEC-Business Network Solutions, Inc.
   ("NEC").

   See 47 U.S.C. S 254.

   NEC Debarment Order at PP 4-9.

   See 47 U.S.C. S 254(b).

   47 U.S.C. S 254(b); 47 C.F.R. SS 54.502-03.

   Funding for the E-Rate and other universal service programs come from
   mandatory contributions to the USF by all telecommunications carriers
   providing interstate and international services. 47 U.S.C. S 254.
   Telecommunications carriers may pass the costs of these contributions
   along to consumers including through line-item fees on the consumers'
   monthly telephone bills. 47 C.F.R. S 54.712.

   This amount was disbursed as of April 30, 2005.

   See Universal Service - Schools and Libraries Support Mechanism Commitment
   Status Weekly Report, dated  April 29, 2005.

   See NEC Debarment Order at P 7.

   NEC Debarment Order at P 7, n.12.

   See 47 C.F.R. S 54.521; Second Report and Order, 18 FCC Rcd at 9227, P 74.
   The rule defines a "person" as any individual, group of individuals,
   corporation, partnership, association, unit of government or legal entity,
   however organized. 47 C.F.R. 54.521(a)(6).

   See NEC Debarment Order at P 8; Second Report and Order, 18 FCC Rcd 9225,
   P 66.

   Second Report and Order, 18 FCC Rcd 9227, P 74; Universal Service Fund
   Oversight NPRM, 20 FCC Rcd at 11347-48, PP 97-8.

   47 C.F.R. S 54.521(c).

   47 C.F.R. S 54.521(e)(1); Second Report and Order, 18 FCC Rcd 9226, P 69.

   47 C.F.R. SS 54.521(e)(3), 54.521(e)(4).

   47 C.F.R. S 54.521(e)(5). Our rule states that notice of debarment will be
   provided within 90 days of receipt of information submitted by the
   respondent in response to a suspension notice. We may waive our own rule
   pursuant to 47 C.F.R. S 1.13 in the public interest. To allow the
   Commission to have a full opportunity to analyze this matter, we hereby
   waive the 90 day rule, as it applies to Inter-Tel's responsive pleading,
   filed February 22, 2005.

   47 C.F.R. S 54.521(g).

   Letter from Maureen F. Del Duca, Chief, Investigations and Hearings
   Division, Enforcement Bureau, to Oscar Alvarez, Connect2 Internet Network,
   Inc., DA 03-2706, Notice of Debarment, December 23, 2003 ("Alvarez
   Debarment"); Letter from Maureen F. Del Duca, Chief, Investigations and
   Hearings Division, Enforcement Bureau, to John Angelides, Connect2
   Internet Network, Inc., DA 03-4088, Notice of Debarment, December 23, 2003
   ("Angelides Debarment"); Letter from Maureen F. Del Duca, Chief,
   Investigations and Hearings Division, Enforcement Bureau, to Duane
   Maynard, Howe Electric, Inc., DA 03-4089, Notice of Debarment, December
   23, 2003 ("Maynard Debarment"); Letter from William H. Davenport, Chief,
   Investigations and Hearings Division, Enforcement Bureau, to John Dotson,
   DA 04-3828, Notice of Debarment, December 6, 2004 ("Dotson Debarment");
   Letter from William H. Davenport, Chief, Investigations and Hearings
   Division, Enforcement Bureau, to John Henry Weaver, DA 05-1727, Notice of
   Debarment, June 23, 2005 ("Weaver Debarment"); Letter from William H.
   Davenport, Chief, Investigations and Hearings Division, Enforcement
   Bureau, to Haider Bokhari, DA 05-1730, Notice Debarment, June 23, 2005
   ("H. Bokhari Debarment"); Letter from William H. Davenport, Chief,
   Investigations and Hearings Division, Enforcement Bureau, to Qasim
   Bokhari, DA 05-1728, Notice of Debarment, June 23, 2005 ("Q. Bokhari
   Debarment"); Letter from William H. Davenport, Chief, Investigations and
   Hearings Division, Enforcement Bureau, to Ronald R. Morrett, DA 05-2349,
   Notice of Debarment, August 30, 2005 ("Morrett Debarment").

   One of the debarment proceedings involves Inter-Tel, and the other
   involves NEC. See supra note 1.

   Letter from William H. Davenport, Chief, Investigations and Hearings
   Division, Enforcement Bureau, to Tom Tsao, Vice President, Premio Inc., DA
   06-489, Notice of Suspension and Initiation of Debarment Proceedings,
   February 28, 2006 ("Premio Suspension Notice);  Letter from Kris A.
   Monteith, Chief, Enforcement Bureau, to Robert J. Buhay, Chief Financial
   Officer, NextiraOne, LLC, DA 06-951, Notice of Suspension and Initiation
   of Debarment Proceedings, April 28, 2006 ("NextiraOne Suspension Notice).

   See  United States v. Inter-Tel Technologies, Inc., Docket No.
   CR-04-399-CRB, Plea Agreement (N.D. Cal. filed Dec. 8, 2004) ("Inter-Tel
   Plea Agreement"); United States v. Inter-Tel Technologies, Inc., Docket
   No. CR-04-399-CRB, Judgment (N.D. Cal. filed Jan.12, 2005 and entered Jan.
   13, 2005) ("Inter-Tel  Judgment");  United States v. Inter-Tel
   Technologies, Inc., No. CR 04-0399, Information (N.D. Cal. filed Dec. 6,
   2004) ("Inter-Tel Information"). As we note in the NEC Debarment Order,
   the fraudulent schemes in which Inter-Tel and NEC participated, among
   other things, have been the focus of Congressional hearings. See NEC
   Debarment Order at P 9.

   See Inter-Tel Plea Agreement at 2-7, 18 U.S.C. SS 1341-2, 15 U.S.C. S 1.

   Inter-Tel Plea Agreement at 4.

   47 C.F.R. SS 54.502-54.503.

   Inter-Tel Plea Agreement at 5-6.

   Inter-Tel Plea Agreement at 7, Exhibit A.

   Inter-Tel Plea Agreement at 3-7.

   See Inter-Tel Plea Agreement, Appendix B, Settlement Agreement.

   On January 5, 2005, the Court approved Inter-Tel's plea agreement and
   imposed judgment, which was entered on January 13, 2005. See Inter-Tel
   Plea Agreement; see also Inter-Tel Judgment at 1.

   18 U.S.C. S 1341, 15 U.S.C. S 1.

   Inter-Tel Plea Agreement at 10.

   See Inter-Tel Plea Agreement at 10-11 and Exhibit C, Special Conditions of
   Probation, Settlement Agreement at 4.

   Letter from William H. Davenport, Chief, Investigations and Hearings
   Division, to Steven G. Mihaylo, Chief Executive Officer, Inter-Tel
   Technologies, Inc., Notice of Suspension and Proposed Debarment, 20 FCC
   Rcd 1372 (Inv. & Hearings Div., Enf. Bur. 2005) ("Notice of Suspension").

   Letter from Angela B. Styles, Miller & Chevalier Chartered, Counsel for
   Inter-Tel, to Romanda Williams, Investigation and Hearing Division,
   Enforcement Bureau, Federal Communications Commission, dated February 22,
   2005 ("Inter-Tel's Response").

   See Inter-Tel's Response at 16-19.

   See Letter from Scott D. Hammond, Deputy Assistant Attorney General, U.S.
   Department of Justice, to Marlene H. Dortch, Secretary, Federal
   Communications Commission, dated March 1, 2005 ("DOJ Letter").

   See DOJ Letter at 1-2.

   Letter from Sheryl Bailey, Business Manager, Colusa Unified School
   District, to Ms. Romanda Williams, Investigations and Hearings Division,
   Enforcement Bureau, Federal Communications Commission, dated March 15,
   2005 ("Colusa Letter").

   47 C.F.R. S 54.521(b).

   47 C.F.R. S 54.521(f).

   Second Report and Order, 18 FCC Rcd at 9225, P 64.

   47 C.F.R. S 54.521(f).

   See Inter-Tel Plea Agreement at 5-7.

   47 C.F.R. S 54.521(b).

   47 C.F.R. S 54.521(c).

   See Second Report and Order, 18 FCC Rcd at 9225, P 66.

   We also reject Inter-Tel's contention that the Compliance Program it
   agreed to as part of the Special Conditions of Probation is sufficient to
   fully protect the program against additional waste, fraud and abuse. As
   noted above, debarment is the only way to ensure the absence of additional
   waste, fraud and abuse.

   See DOJ Letter at 1; Inter-Tel Plea Agreement at 14, P 19.

   See DOJ Letter at 1.

   Id. at 1.

   See DOJ Letter at 1. Further, none of the individuals directly involved in
   the inappropriate conduct remains employed with Inter-Tel or its
   affiliates. Id.

   Inter-Tel Compliance Report Update to the FCC Enforcement Bureau and
   Office of the Inspector General, dated May 3, 2005; Inter-Tel Compliance
   Report to the FCC Enforcement Bureau and Office of the Inspector General,
   dated March 4, 2005; Inter-Tel's Response at 11. Inter-Tel further submits
   that when its criminal conduct came to light, it promptly adopted
   management changes and introduced a policy requiring review of all new and
   ongoing E-Rate projects. Inter-Tel's Response at 11.

   See DOJ Letter at 2.

   See DOJ Letter at 2.

   See Inter-Tel's Response at 16-19. Inter-Tel states that USAC had deferred
   all of its invoices, including those that were not covered under the
   fraudulent conduct, once DOJ initiated an investigation on certain
   Inter-Tel E-Rate activities. Id.

   See NEC Debarment Order at PP 23-25.

   See NEC Debarment Order at P 25.

   See Fifth Report and Order, 19 FCC Rcd at 15822-23, P 44. We note that the
   Commission currently is considering what particular requirements, if any,
   that it should apply in conducting heightened review of E-Rate program
   participants. See Universal Service Fund Oversight NPRM, 20 FCC Rcd at
   11345, P 91.

   We direct the Administrator to inform any schools and libraries with
   current applications that are affected by this debarment so that they may
   make alternative arrangements.

   Colusa Letter at 1.

   Colusa Letter at 1.

   Colusa Letter at 1.

   See Inter-Tel's Response  at 14-19.

   We note that our decision to limit Inter-Tel's debarment period recognizes
   Inter-Tel's non-participation in the E-Rate program for a substantial
   period of time and sufficiently addresses the alleged suspension or de
   facto debarment arguments contained in Inter-Tel's pleading.  See
   Inter-Tel's Response at 21 ("Inter-Tel Technologies respectfully requests
   that the Commission consider the totality of these circumstances when
   determining an appropriate period of debarment."). See also supra at P 17.

   Inter-Tel's Response  at 4-6.

   See 47 C.F.R. S 54.521(e)(5).

   See 47 C.F.R. SS 54.521(a)(1), 54.521(a)(5), 54.521(d).

   Federal Communications Commission FCC 06-92

   2

   Federal Communications Commission FCC 06-92

   Federal Communications Commission FCC 06-92

   Federal Communications Commission FCC 06-92

References

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