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SEPARATE STATEMENT OF
COMMISSIONER JONATHAN S. ADELSTEIN
CONCURRING
Re: NextiraOne, LLC, File No. EB-06-IH-1392
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 NextiraOne from
all involvement in the E-Rate program.
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.
Schools do not have unlimited resources, and I am concerned about the
effect that fraudulent activity like that perpetrated by NextiraOne can
have for school systems like the Oglala Nation Education Coalition and
their students. 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 06-126
11
Federal Communications Commission FCC 06-126