******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                               September 1, 2009

   DA 09-1960

   VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED

   AND E-MAIL (edwishnow@aol.com) AND FACSIMILE (248) 258-6007

   Mr. Douglas A. Benit

   c/o Edward C. Wishnow

   240 Daines

   Birmingham, MI 48009

   Re: Notice of Debarment, File No. EB-09-IH-0402

   Dear Mr. Benit:

   Pursuant to section 54.8 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.

   On June 17, 2009, the Enforcement Bureau (the "Bureau") sent you a Notice
   of Suspension and Initiation of Debarment Proceedings (the "Notice of
   Suspension"). That Notice of Suspension was published in the Federal
   Register on July 6, 2009. The Notice of Suspension suspended you from
   participating in activities associated with or relating to the schools and
   libraries universal service support mechanism and described the basis for
   initiation of debarment proceedings against you, the applicable debarment
   procedures, and the effect of debarment.

   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. The Commission did not
   receive any such opposition.

   As discussed in the Notice of Suspension, the United States District Court
   for the Eastern District of Michigan sentenced you to serve forty-six
   months in prison following your guilty plea and conviction for the federal
   crime of mail fraud in connection with your role in a scheme to defraud
   the Ecorse Public Schools District ("EPS") and the E-Rate program. While
   employed by EPS, you devised and participated in a fraudulent scheme to
   steer contracts to various companies that directly or indirectly benefited
   you and your companies, including contracts involving E-Rate funds. Such
   conduct constitutes the basis for your debarment, and your conviction
   falls within the categories of causes for debarment under section 54.8(c)
   of the Commission's rules. 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. 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.

   Sincerely,

   Hillary S. DeNigro

   Chief

   Investigations and Hearings Division

   Enforcement Bureau

   cc: Taurus N. Ziedas, United States Attorney' Office, Department of
   Justice (via e-mail)

   Kristy Carroll, Esq., Universal Service Administrative Company (via
   e-mail)

                                  Attachment 1

                                 June 17, 2009

   DA 09-1345

   VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED

   AND E-MAIL (edwishnow@aol.com) AND FACSIMILE (248) 258-6007

   Mr. Douglas A. Benit

   c/o Edward C. Wishnow

   240 Daines

   Birmingham, MI 48009

   Re: Notice of Suspension and Initiation of Debarment Proceedings,

   File No. EB-09-IH-0402

   Dear Mr. Benit:

   The Federal Communications Commission ("FCC" or "Commission") has received
   notice of your conviction of mail fraud, in violation of 18 U.S.C. S:S: 2,
   1341, and 1346 in connection with your participation in the schools and
   libraries universal service support mechanism ("E-Rate program").
   Consequently, pursuant to 47 C.F.R. S: 54.8, this letter constitutes
   official notice of your suspension from the E-Rate program. In addition,
   the Enforcement Bureau ("Bureau") hereby notifies you that we are
   commencing debarment proceedings against you.

   I. Notice of Suspension

   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. On November 24,
   2008, you, Douglas A. Benit, plead guilty to mail fraud in connection with
   your participation in the E-Rate program. Specifically, you were employed
   as a school official in the Ecorse Public Schools District ("EPS" or
   "District") from 1997 to 2003, serving first as the Director of Facility
   Development and subsequently as the Assistant Superintendent. While
   employed at EPS, you were also an owner, employee, agent or subcontractor
   of Coral Technology, Inc. ("Coral"). During your tenure at EPS, you were
   responsible for approving the construction of new facilities in the
   District using funds from several sources, including the E-Rate program.
   You admitted that while employed at EPS and while concealing your
   associations with Coral from EPS, you and others devised a scheme to
   defraud the District and the E-Rate program by steering contracts for EPS
   to various companies that directly or indirectly benefited you and your
   companies, primarily Coral. In furtherance of the scheme, you submitted to
   the Universal Service Administrative Company ("USAC") documents supporting
   Coral's application for federal E-Rate funding, while employed at EPS and
   within the scope of your official responsibilities. As a result of these
   contracts, which were paid in part from the E-Rate program, you and your
   company personally benefited from the fraudulent scheme by at least $2.276
   million.

   On March 31, 2009, you were sentenced to serve forty-six months in federal
   prison, to be followed by thirty-six months of supervised release for your
   role in the scheme to defraud EPS and the E-Rate program. You were also
   ordered to pay $1.34 million in restitution for your role in the scheme.

   Pursuant to section 54.8(a)(4) of the Commission's rules, 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. Your suspension becomes effective upon the earlier of
   your receipt of this letter or publication of notice in the Federal
   Register.

   Suspension is immediate pending the Bureau's final debarment
   determination. In accordance with the Commission's debarment rules, 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. Such requests, however, will not ordinarily be
   granted. The Bureau may reverse or limit the scope of suspension only upon
   a finding of extraordinary circumstances. Absent extraordinary
   circumstances, the Bureau will decide any request for reversal or
   modification of suspension within 90 days of its receipt of such request.

   II. Initiation of Debarment Proceedings

   Your guilty plea to criminal conduct in connection with the E-Rate
   program, in addition to serving as a basis for immediate suspension from
   the program, also serves as a basis for the initiation of debarment
   proceedings against you. Your conviction falls within the categories of
   causes for debarment defined in section 54.8(c) of the Commission's rules.
   Therefore, pursuant to section 54.8(a)(4) of the Commission's rules, your
   conviction requires the Bureau to commence debarment proceedings against
   you.

   As with your suspension, 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. Absent extraordinary circumstances,
   the Bureau will debar you. 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. 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.

   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 three years from the date of debarment.
   The Bureau may, if necessary to protect the public interest, extend the
   debarment period.

   Please direct any response, if by messenger or hand delivery, to Marlene
   H. Dortch, Secretary, Federal Communications Commission, 236 Massachusetts
   Avenue, N.E., Suite 110, Washington, D.C. 20002, to the attention of
   Rebekah Bina, Attorney Advisor, Investigations and Hearings Division,
   Enforcement Bureau, Room 4-C330, with a copy to Michele Berlove, Acting
   Assistant Chief, Investigations and Hearings Division, Enforcement Bureau,
   Room 4-C330, Federal Communications Commission. If sent by commercial
   overnight mail (other than U.S. Postal Service Express Mail and Priority
   Mail), the response should be sent to the Federal Communications
   Commission, 9300 East Hampton Drive, Capitol Heights, Maryland 20743. If
   sent by first-class, Express, or Priority mail, the response should be
   sent to Rebekah Bina, Attorney Advisor, Investigations and Hearings
   Division, Enforcement Bureau, Federal Communications Commission, 445 12th
   Street, S.W., Room 4-C330, Washington, DC, 20554, with a copy to Michele
   Berlove, Acting Assistant Chief, Investigations and Hearings Division,
   Enforcement Bureau, Federal Communications Commission, 445 12th Street,
   S.W., Room 4-C330, Washington, DC, 20554. You shall also transmit a copy
   of the response via email to Rebekah.Bina@fcc.gov and to
   Michele.Berlove@fcc.gov.

   If you have any questions, please contact Ms. Bina via mail, by telephone
   at (202) 418-7931 or by e-mail at Rebekah.Bina@fcc.gov. If Ms. Bina is
   unavailable, you may contact Ms. Michele Berlove, Acting Assistant Chief,
   Investigations and Hearings Division, by telephone at (202) 418-1477 and
   by e-mail at Michele.Berlove@fcc.gov.

   Sincerely yours,

   Hillary S. DeNigro

   Chief

   Investigations and Hearings Division

   Enforcement Bureau

   cc: Taurus N. Ziedas, United States Attorney' Office, Department of
   Justice (via e-mail)

   Kristy Carroll, Esq., Universal Service Administrative Company (via
   e-mail)

   47 C.F.R. S: 54.8(g) (2008). See also 47 C.F.R. S: 0.111(a)(14).

   Letter from Hillary S. DeNigro, Chief, Investigations and Hearings
   Division, Enforcement Bureau, Federal Communications Commission, to Mr.
   Douglas Benit, Notice of Suspension and Initiation of Debarment
   Proceedings, 24 FCC Rcd 8153 (Inv. & Hearings Div., Enf. Bur. 2009)
   (Attachment 1)("Notice of Suspension").

   74 Fed. Reg. 31947  (July 6, 2009).

   See Notice of Suspension, 24 FCC Rcd at 8155-56.

   See 47 C.F.R. S: 54.8 (e)(3),(4). That date occurred no later than Aug. 6,
   2009. See supra note 3.

   See Notice of Suspension, 24 FCC Rcd at 1854.

   United States v. Douglas A. Benit, Criminal Docket No. 2:06CR20285,
   Indictment, 1-4 (D. Mich. filed May 24, 2006 and entered May 25, 2006);
   see also United States v. Douglas A. Benit, Criminal Docket No.
   2:06CR20285-1, Plea Agreement, 2-3 (D. Mich. filed Nov. 24, 2008 and
   entered Nov. 25, 2008). 

   47 C.F.R. S: 54.8(c). See also S: 54.8(a)(4),(b)-(e).

   See 47 C.F.R. S: 54.8(e)(5),(g). See also Notice of Suspension, 24 FCC Rcd
   at 1855-56.

   See 47 C.F.R. S: 54.8(a)(1),(a)(5),(d),(g); Notice of Suspension, 24 FCC
   Rcd at 1856.

   Any further reference in this letter to "your conviction" refers to your
   guilty plea and subsequent conviction of one count of mail fraud. United
   States v. Douglas A. Benit, Criminal Docket No. 2:06CR20285-1, Plea
   Agreement (D. Mich. filed Nov. 24, 2008 and entered Nov. 25, 2008)
   ("Douglas Benit Plea Agreement"); United States v. Douglas A. Benit,
   Criminal Docket No. 2:06CR20285-1, Judgment (D. Mich. filed Mar. 31, 2009
   and entered Apr. 1, 2009) ("Douglas Benit Judgment"). See also United
   States v. Douglas A. Benit, Criminal Docket No. 2:06CR20285, Indictment
   (D. Mich. filed May 24, 2006 and entered May 25, 2006) ("Benit
   Indictment"). You also plead guilty to one count of bank fraud, in
   violation of 18 U.S.C. S:S: 2 and 1344. See Douglas Benit Plea Agreement;
   see also Douglas Benit Judgment. This notice of suspension and initiation
   of debarment proceedings arises from your conviction of mail fraud, and as
   such, does not discuss your guilty plea and subsequent conviction of bank
   fraud.

   47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement
   Bureau authority to resolve universal service suspension and debarment
   proceedings). The Commission adopted debarment rules for the schools and
   libraries universal service support mechanism in 2003. See Schools and
   Libraries Universal Service Support Mechanism, Second Report and Order and
   Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second
   Report and Order")  (adopting section 54.521 to suspend and debar parties
   from the E-rate program). In 2007, the Commission extended the debarment
   rules to apply to all of the Federal universal service support mechanisms.
   Comprehensive Review of the Universal Service Fund Management,
   Administration, and Oversight; Federal-State Joint Board on Universal
   Service; Schools and Libraries Universal Service Support Mechanism;
   Lifeline and Link Up; Changes to the Board of Directors for the National
   Exchange Carrier Association, Inc., Report and Order, 22 FCC Rcd 16372,
   16410-12 (2007) (Program Management Order) (renumbering section 54.521 of
   the universal service debarment rules as section 54.8 and amending
   subsections (a)(1), (5), (c), (d), (e)(2)(i), (3), (e)(4), and (g)).

   Second Report and Order, 18 FCC Rcd at 9225, P: 66. The Commission's
   debarment rules define a "person" as "[a]ny individual, group of
   individuals, corporation, partnership, association, unit of government or
   legal entity, however, organized." 47 C.F.R. S: 54.8(a)(6).

   Also known as J.D. Howen, D.J. Howen, and Jack Howen. See Douglas Benit
   Indictment.

   See supra note 1. See Douglas Benit Plea Agreement. See also Department of
   Justice Press Release (Mar. 26, 2009), available at
   http://www.usdoj.gov/criminal/npftf/pr/press_releases/2009/mar/03-26-09benit-sentenced.pdf
   (DOJ March 2009 Press Release). See also Benit Indictment at 18 (Count 4).

   Benit Indictment at 1-4; see also Douglas Benit Plea Agreement at 2-3.

   See Benit Indictment at 3.

   Id.

   Id. at 1-15, 18; see also Douglas Benit Plea Agreement at 2-3.

   Benit Indictment at 10-14.

   See Douglas Benit Plea Agreement at 3.

   See Douglas Benit Judgment at 1, 5 (ordering $1.34 million for your role
   in the schemes; $489,702 in restitution to the Ecorse Public Schools and
   $853,000 to USAC); see also DOJ March 2009 Press Release at 1.

   47 C.F.R. S: 54.8(a)(4). See Second Report and Order, 18 FCC Rcd at
   9225-27, P:P: 67-74.

   47 C.F.R. S: 54.8(a)(1),(d).

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

   47 C.F.R. S: 54.8(e)(4).

   Id.

   47 C.F.R. S: 54.8(e)(5).

   See Second Report and Order, 18 FCC Rcd at 9226, P: 70; 47 C.F.R. S:
   54.8(e)(5),(f).

   "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. S: 54.8(c). Such activities "include the receipt of
   funds or discounted services through [the Federal universal service]
   support mechanisms, or consulting with, assisting, or advising applicants
   or service providers regarding [the Federal universal service] support
   mechanism." 47 C.F.R. S: 54.8(a)(1).

   See Second Report and Order, 18 FCC Rcd at 9226, P: 70; 47 C.F.R. S:
   54.8(e)(3).

   Second Report and Order, 18 FCC Rcd at 9227, P: 74.

   See id., 18 FCC Rcd at 9226, P: 70; 47 C.F.R. S: 54.8(e)(5).

   47 C.F.R. S: 54.8(e)(5). 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. S: 54.8(f).

   Second Report and Order, 18 FCC Rcd at 9225, P: 67; 47 C.F.R. S:
   54.8(d),(g).

   47 C.F.R. S: 54.8(g).

   Mr. Douglas Benit

   September 1, 2009

   Page 2 of 7

                       Federal Communications Commission

                               Enforcement Bureau

                      Investigations and Hearings Division

                       445 12th Street, SW, Suite 4-C330

                             Washington, D.C. 20554

   Mr. Douglas Benit

   June 17, 2009

   Page 7 of 7

                       Federal Communications Commission

                               Enforcement Bureau

                      Investigations and Hearings Division

                       445 12th Street, SW, Suite 4-C330

                             Washington, D.C. 20554