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February 8, 2013
DA 13-184
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND EMAIL
Ms. Denisa Babcock
c/o Leon Fred Spies
Mellon & Spies
312 E. College Street, Suite 216
Iowa City, IA 52240
Re: Notice of Debarment
FCC File No. EB-12-IH-1396
Dear Ms. Babcock:
The Federal Communications Commission (Commission) hereby notifies you that, pursuant
to Section 54.8 of its rules, you are prohibited from participating in activities associated with or
relating to 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).
1
On October 10, 2012, the Commission’s Enforcement Bureau (Bureau) sent you a Notice
of Suspension and Initiation of Debarment Proceeding (Notice of Suspension)
2
that was published
in the Federal Register on November 9, 2012.
3
The Notice of Suspension suspended you from
participating in activities associated with or relating to the E-Rate program. It also 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 11, 2011, you pled guilty to converting
more than $1,000,000 from various school districts for your personal use from November 2005
through December 2009.
4
That amount included approximately $49,000 in E-Rate checks payable
to the school districts you represented through your E-Rate consulting company, Camanche
Consulting Services (CCS).
5
Pursuant to Section 54.8(c) of the Commission’s rules, your
1
47 C.F.R. § 54.8(g); see also 47 C.F.R. § 0.111 (delegating authority to the Enforcement Bureau to resolve
universal service suspension and debarment proceedings).
2
Letter from Theresa Z. Cavanaugh, Chief, Investigations and Hearings Division, Enforcement Bureau,
Federal Communications Commission to Denisa Babcock, Notice of Suspension and Initiation of Debarment
Proceeding, 27 FCC Rcd 12311 (Enf. Bur. 2012) (Attachment 1) (Suspension Notice).
3
77 Fed. Reg. 67363 (Nov. 9, 2012).
4
Suspension Notice, 27 FCC Rcd at 12312.
5
Id.
WASHINGTON, DC 20554
FEDERAL COMMUNICATIONS COMMISSION
Enforcement Bureau
Investigations and Hearings
Division
Ms. Denisa Babcock
February 8, 2013
Page 2
conviction of criminal conduct in connection with the E-Rate program is the basis for this
debarment.
6
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.
7
The
Commission did not receive any such opposition from you.
For the foregoing reasons, you are debarred from participating in activities associated with or
related to the E-Rate program for three years from the Debarment Date.
8
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.
9
Sincerely,
Theresa Z. Cavanaugh,
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)
Maureen McGuire, United States Attorney’s Office, Southern District of Iowa (via e-mail)
Richard Westphal, United States Attorney’s Office, Southern District of Iowa (via e-mail)
6
47 C.F.R. § 54.8(c).
7
47 C.F.R. §§ 54.8 (e)(3), (4). Any opposition had to be filed no later than November 9, 2012.
8
Id. §§ 54.8(e)(5), (g).
9
Id. §§ 54.8(a)(1), (5), (d).