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DA 15-669

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Mr. Oscar Enrique Perez-Zumaeta

c/o William P. Earley Federal Public Defender-OKC 215 Dean A McGee Ave Suite 109

Oklahoma City, OK 73102

Re: Notice of suspension and initiation of debarment proceeding

File No. EB-IHD-15-00019209

Dear Mr. Perez-Zumaeta:

The Federal Communications Commission (Commission) has received notice of your conviction for money laundering in violation of 18 U.S.C. § 1957(a) and 18 U.S.C. § 2, in connection with fraudulent claims against the federal Lifeline universal service support mechanism (Lifeline program). Pursuant to its rules, the Enforcement Bureau (Bureau) hereby suspends you from participating in activities associated with the Lifeline program. The Bureau is also commencing a proceeding to debar you from future participation in the Lifeline program.

* Notice of Suspension

Any person who has "defrauded the government or engaged in similar acts through activities associated with or related to the [Lifeline program]" may be prohibited from receiving the benefits associated with that program. The Lifeline program is a government program that provides support to eligible telecommunications carriers (ETCs) that in turn offer discounts on telephone service for eligible low-income consumers. An ETC may receive reimbursement in connection with the Lifeline program only if it certifies as part of its reimbursement request that it is in compliance with the Lifeline rules.

You owned and managed PSPS Sales LLC (PSPS), a California entity that recruited low-income individuals to apply for Lifeline telephone service through Icon Telecom, Inc. (Icon). On June 12, 2014, Icon pled guilty to knowingly making a false statement to the Universal Service Administrative Company in connection with fraudulent claims against the Lifeline program. According to court records, you were charged with directing PSPS workers to enroll fictitious customers and falsify Lifeline recertification forms for use in Icon's fraudulent scheme. On November 7, 2014, you pled guilty to one count of money laundering for depositing a $52,390.00 check from Icon into a PSPS bank account, despite knowing that more than $10,000.00 of those funds was the result of criminal fraud against the Commission.

Pursuant to Section 54.8(b) of the Commission's rules, your conviction requires the Bureau to suspend you from participating in any activities associated with or related to the Lifeline program, including receiving funds or discounted services through the Lifeline program, or consulting with, assisting, or advising applicants or service providers regarding the Lifeline program. Your suspension becomes effective upon either your receipt of this letter or its publication in the Federal Register, whichever comes first.

In accordance with the Commission's suspension and debarment rules, you may contest this suspension or its scope by filing arguments, with any relevant documents, within thirty (30) calendar days of your receipt of this letter or its publication in the Federal Register, whichever comes first. Such requests, however, will not ordinarily be granted. The Bureau may reverse or limit the scope of a suspension only upon a finding of extraordinary circumstances. The Bureau will decide any request to reverse or modify a suspension within ninety (90) calendar days of its receipt of such request.

* Initiation of Debarment Proceedings

In addition to your immediate suspension from the Lifeline program, your conviction is cause for debarment as defined in Section 54.8(c) of the Commission's rules. Therefore, pursuant to Section 54.8(b) of the Commission's rules, your conviction requires the Bureau to commence debarment proceedings against you.

As with the suspension process, you may contest the proposed debarment or its scope by filing arguments and any relevant documentation within thirty (30) calendar days of receipt of this letter or its publication in the Federal Register, whichever comes first. The Bureau, in the absence of extraordinary circumstances, will notify you of its decision to debar within ninety (90) calendar days of receiving any information you may have filed. If the Bureau decides to debar you, its decision will become effective upon either your receipt of a debarment notice or publication of the decision in the Federal Register, whichever comes first.

If and when your debarment becomes effective, you will be prohibited from participating in activities associated with or related to the Lifeline program for three years from the date of debarment. The Bureau may set a longer debarment period or extend an existing debarment period if necessary to protect the public interest.

Please direct any response, if sent by messenger or hand delivery, to Marlene H. Dortch, Secretary, Federal Communications Commission, 445 12[th] Street, S.W., Room TW-A325, Washington, D.C. 20554 and to the attention of Celia Lewis, Paralegal Specialist, Investigations and Hearings Division, Enforcement Bureau, Room 4-A422, Federal Communications Commission, 445 12[th] Street, S.W., Washington, D.C. 20554 with a copy to Kalun Lee, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Room 4-C237, Federal Communications Commission, 445 12[th] Street, S.W., Washington, D.C. 20554. All messenger or hand delivery filings must be submitted without envelopes. If sent by commercial overnight mail (other than U.S. Postal Service (USPS) Express Mail and Priority Mail), the response must be sent to the Federal Communications Commission, 9300 East Hampton Drive, Capitol Heights, Maryland 20743. If sent by USPS First Class, Express Mail, or Priority Mail, the response should be addressed to Celia Lewis, Paralegal Specialist, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12[th] Street, S.W., Room 4-A422, Washington, D.C. 20554, with a copy to Kalun Lee, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12[th] Street, S.W., Room 4-C237, Washington, D.C. 20554. You shall also transmit a copy of your response via e-mail to Celia Lewis, Celia.Lewis@fcc.gov, and Kalun Lee, Kalun.Lee@fcc.gov.

If you have any questions, please contact Ms. Lewis via U.S. postal mail, e-mail, or by telephone at (202) 418-7456. If Ms. Lewis is unavailable, you may contact Kalun Lee, Deputy Chief, Investigations and Hearings Division, by telephone at (202) 418-0796 or at the e-mail address noted above.

Sincerely yours,

Jeffrey J. Gee

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)

Chris M. Stevens, United States Attorney's Office, Western District of Oklahoma (via e-mail)

Scott E. Williams, United States Attorney's Office, Western District of Oklahoma (via e-mail)