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March 15, 2012
DA 12-409
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
AND E-MAIL
Dr. Dennis L. Bruno
c/o Mr. Arthur T. McQuillan
McQuillan Law Offices
206 Main Street
Johnstown, PA 15901
Re: Notice of Debarment
File No. EB-11-IH-1582
Dear Dr. Bruno:
The Federal Communications Commission (Commission) hereby notifies you
that, pursuant to Section 54.8 of its rules, you are prohibited from
participating in the schools and libraries universal service support
mechanism (E-Rate program) for three years from either the date of your
receipt of this Notice of Debarment, or of its publication in the Federal
Register, whichever is earlier in time (Debarment Date).
On November 18, 2011, the Commission's Enforcement Bureau (Bureau) sent
you a Notice of Suspension and Initiation of Debarment Proceeding (Notice
of Suspension) that was published in the Federal Register on November 30,
2011. The Notice of Suspension suspended you from participating in
activities associated with or relating to the E-Rate program and described
the basis for initiating debarment proceedings against you, the applicable
debarment procedures, and the effect of debarment.
As discussed in the Notice of Suspension, on May 9, 2011, you pled guilty
to intentionally misappropriating approximately $49,600 in federal
education funds from the Department of Education's Fund for the
Improvement of Education program in your capacity as Superintendent of the
Glendale School District. Additionally, you admitted and stipulated in a
plea agreement that you had conspired with others to fraudulently obtain
$414,421.92 from the E-Rate program. Pursuant to Section 54.8(c) of the
Commission's rules, your conviction of criminal conduct in connection with
the E-Rate program is the basis for your debarment.
In accordance with the Commission's debarment rules, you were required to
file with the Commission any opposition to your suspension or its scope,
or to your proposed debarment or its scope, no later than 30 calendar days
from either the date of your receipt of the Notice of Suspension or of its
publication in the Federal Register, whichever date occurred first. The
Commission did not receive any such opposition.
For the foregoing reasons, you are debarred from participating in the
E-Rate program for three years from the Debarment Date. During this
debarment period, you are excluded from participating in any activities
associated with or related to the E-Rate program, including the receipt of
funds or discounted services through the E-Rate program, or consulting
with, assisting, or advising applicants or service providers regarding the
E-Rate program.
Sincerely,
Theresa Z. Cavanaugh
Acting Chief
Investigations and Hearings Division
Enforcement Bureau
cc: Johnnay Schrieber, Universal Service Administrative Company (via
e-mail)
Rashann Duvall, Universal Service Administrative Company (via e-mail)
Stephanie L. Haines, United States Attorney's Office, Western Pennsylvania
(via e-mail)
47 C.F.R. S: 54.8(g). See also 47 C.F.R. S: 0.111 (delegating authority to
the Enforcement Bureau to resolve universal service suspension and
debarment proceedings).
Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications Commission,
to Dr. Dennis L. Bruno, Notice of Suspension and Initiation of Debarment
Proceeding, 26 FCC Rcd 16006 (Enf. Bur. 2011) (Attachment 1).
76 Fed. Reg. 74058 (Nov. 30, 2011).
United States v. Dennis L. Bruno, Criminal Docket No. 11-15 J, Arraignment
Plea; United States Attorney's Office, Western District of Pennsylvania,
News, Former Superintendent Pleads Guilty to Federal Program Theft, May 9,
2011, at
http://www.justice.gov/usao/paw/news/2011/2011_may/2011_05_09_05.html
(Press Release).
Press Release at 1.
47 C.F.R. S: 54.8(c).
47 C.F.R. S:S: 54.8 (e)(3), (4). Any opposition had to be filed no later
than December 30, 2011.
Id. S:S: 54.8(e)(5), (g).
Id. S:S: 54.8(a)(1), (5), (d).
Dr. Dennis L. Bruno
March 15, 2012
Page 2
WASHINGTON, DC 20554
FEDERAL COMMUNICATIONS COMMISSION
Enforcement Bureau
Investigations and Hearings Division