80_FR_35023 80 FR 34906 - Notice of Suspension and Commencement of Proposed Debarment Proceedings; Federal Lifeline Universal Service Support Mechanism

80 FR 34906 - Notice of Suspension and Commencement of Proposed Debarment Proceedings; Federal Lifeline Universal Service Support Mechanism

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 117 (June 18, 2015)

Page Range34906-34908
FR Document2015-15065

The Enforcement Bureau (Bureau) gives notice of Wes Yui Chew's suspension from the federal Lifeline universal service support mechanism (Lifeline program) and the commencement of debarment proceedings against him. Suspension immediately excludes Mr. Chew from activities associated with or related to the Lifeline program pending completion of the debarment process. Mr. Chew, or any person who has an existing contract with or intends to contract with him to provide or receive services in matters arising out of activities associated with or related to the Lifeline program, may contest this suspension or its scope by filing an opposition and any relevant documentation.

Federal Register, Volume 80 Issue 117 (Thursday, June 18, 2015)
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Notices]
[Pages 34906-34908]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15065]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[DA 15-630]


Notice of Suspension and Commencement of Proposed Debarment 
Proceedings; Federal Lifeline Universal Service Support Mechanism

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Enforcement Bureau (Bureau) gives notice of Wes Yui Chew's 
suspension from the federal Lifeline universal service support 
mechanism (Lifeline program) and the commencement of debarment 
proceedings against him. Suspension immediately excludes Mr. Chew from 
activities associated with or related to the Lifeline program pending 
completion of the debarment process. Mr. Chew, or any person who has an 
existing contract with or intends to contract with him to provide or 
receive services in matters arising out of activities associated with 
or related to the Lifeline program, may contest this suspension or its 
scope by filing an opposition and any relevant documentation.

DATES: Any opposition must be received within 30 days from the receipt 
of the suspension letter or June 18, 2015, whichever comes first. The 
Bureau will decide any opposition within 90 days of its receipt.

ADDRESSES: Federal Communications Commission, Enforcement Bureau, 
Investigations and Hearings Division, Room 4-A422, 445 12th Street SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Celia Lewis, Paralegal Specialist, 
Federal Communications Commission, Enforcement Bureau, Investigations 
and Hearings Division, Room 4-A422, 445 12th Street SW., Washington, DC 
20554. Celia Lewis may be contacted by phone at (202) 418-7456 or email 
at [email protected]. If Ms. Lewis is unavailable, you may contact 
Mr. Kalun Lee, Deputy Chief, Investigations and Hearings Division, by 
telephone at (202) 418-0796 and by email at [email protected].

SUPPLEMENTARY INFORMATION: The Bureau has suspension and debarment 
authority pursuant to 47 CFR 54.8 and 0.111(a)(14). Mr. Chew's 
conviction for money laundering in violation of 18 U.S.C. 1957(a), in 
connection with fraudulent claims against the Lifeline program, 
requires the Bureau to suspend him from participating in activities 
associated with the Lifeline program. Attached is the notice of 
suspension and initiation of debarment proceeding (Notice of 
Suspension), DA 15-630, which was mailed to Mr. Chew and released on 
May 26, 2015. The complete text of the Notice of Suspension is 
available for public inspection and copying during regular business 
hours at the FCC Reference Information Center, Portal II, 445 12th 
Street SW., Room CY-A257, Washington, DC 20554. In addition, the 
complete text is available on the FCC's Web site at http://www.fcc.gov.

Jeffrey J. Gee,
Chief, Investigations and Hearings Division, Enforcement Bureau, 
Federal Communications Commission.
    May 26, 2015

DA 15-630

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Mr. Wes Yui Chew, c/o Daniel G. Webber, Jr., Ryan Whaley Coldiron 
Shandy PLLC, 119 N. Robinson Avenue, Suite 900, Oklahoma City, OK 
73102.

Re: Notice of suspension and initiation of debarment proceeding, File 
No. EB-IHD-15-00019046.

    Dear Mr. Chew:
    The Federal Communications Commission (Commission) has received 
notice of your conviction for money laundering in violation of 18 
U.S.C. 1957(a), in connection with fraudulent claims against the 
federal Lifeline telephone program (Lifeline program).\1\ Pursuant to 
its rules, the Enforcement Bureau (Bureau) hereby suspends you from 
participating in activities associated with the Lifeline program.\2\ 
The Bureau is also commencing a proceeding to debar you from future 
participation in the Lifeline program.\3\
---------------------------------------------------------------------------

    \1\ Any further reference in this letter to ``your conviction'' 
refers to your guilty plea and subsequent sentencing in United 
States v. Chew, Criminal Docket No. 5:14-cr-00170-D, Plea Agreement 
(W.D. Okla. filed June 12, 2014) (Plea Agreement). See also Lifeline 
& Link Up Reform & Modernization, WC Docket No. 11-42, CC Docket No. 
96-45, WC Docket No. 03-109, Report and Order and Further Notice of 
Proposed Rulemaking, 27 FCC Rcd 6656 (2012) (Lifeline Reform Order).
    \2\ 47 CFR 54.8.
    \3\ Id.; 47 CFR 0.111 (delegating to the Bureau authority to 
resolve universal service suspension and debarment proceedings). In 
2007, the Commission extended the debarment rules to apply to all 
federal universal service support mechanisms, including Lifeline. 
See Comprehensive Review of the Universal Service Fund Management, 
Administration, & Oversight, 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), (a)(5), (c), (d), (e)(2)(i), (e)(3), 
(e)(4), and (g)).
---------------------------------------------------------------------------

I. 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.\4\

[[Page 34907]]

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.\5\ 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.\6\
---------------------------------------------------------------------------

    \4\ Program Management Order, 22 FCC Rcd at 16387, para. 32. 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 CFR 54.8(a)(6).
    \5\ See Lifeline Reform Order, 27 FCC Rcd at 6662-67, paras. 11-
18; see also 47 CFR 54.400-54.422.
    \6\ See 47 CFR 54.407(d).
---------------------------------------------------------------------------

    Icon Telecom, Inc. (Icon) participated in the Lifeline program from 
July 2011 until September 2013.\7\ During that time period, you were 
the sole owner and president of Icon.\8\ On June 12, 2014, you pled 
guilty to one count of money laundering for transferring $20,455,829.10 
from an Icon bank account to a personal bank account, despite knowing 
that Icon had thousands fewer customers than it had reported to the 
Commission.\9\
---------------------------------------------------------------------------

    \7\ United States v. Chew, Criminal Docket No. 5:14-cr-00170-D, 
Information at 4 (W.D. Okla. filed June 3, 2014).
    \8\ Id. at 1.
    \9\ Id. at 7-8; Plea Agreement at 2; see also United States 
Attorney's Office, Western District of Oklahoma, Press Release, Icon 
Telecom and Its Owner Plead Guilty And Agree To Forfeit More Than 
$27 Million In Connection With Federal Wireless Telephone Subsidy 
Program, June 12, 2014, available at http://www.justice.gov/usao-wdok/pr/icon-telecom-and-its-owner-plead-guilty-and-agree-forfeit-more-27-million-connection.
---------------------------------------------------------------------------

    Pursuant to Section 54.8(b) of the Commission's rules,\10\ 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.\11\ Your suspension 
becomes effective upon either your receipt of this letter or its 
publication in the Federal Register, whichever comes first.\12\
---------------------------------------------------------------------------

    \10\ 47 CFR 54.8(a)(4); see Program Management Order, 22 FCC Rcd 
at 16387, para. 32.
    \11\ 47 CFR 54.8(a)(1), (d).
    \12\ Id. Sec.  54.8(e)(1).
---------------------------------------------------------------------------

    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.\13\ Such requests, however, will not ordinarily 
be granted.\14\ The Bureau may reverse or limit the scope of a 
suspension only upon a finding of extraordinary circumstances.\15\ The 
Bureau will decide any request to reverse or modify a suspension within 
ninety (90) calendar days of its receipt of such request.\16\
---------------------------------------------------------------------------

    \13\ Id. Sec.  54.8(e)(4).
    \14\ Id.
    \15\ Id. Sec.  54.8(f).
    \16\ Id. Sec. Sec.  54.8(e)(5), (f).
---------------------------------------------------------------------------

II. 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.\17\ Therefore, pursuant to Section 54.8(b) of 
the Commission's rules, your conviction requires the Bureau to commence 
debarment proceedings against you.\18\
---------------------------------------------------------------------------

    \17\ ``Causes for suspension and debarment are 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, the high-cost support 
mechanism, the rural health care support mechanism, and the low-
income support mechanism.'' 47 CFR 54.8(c). Associated 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 mechanisms.'' Id. Sec.  
54.8(a)(1).
    \18\ Id. Sec.  54.8(b).
---------------------------------------------------------------------------

    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.\19\ 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.\20\ 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.\21\
---------------------------------------------------------------------------

    \19\ Id. Sec.  54.8(e)(3).
    \20\ Id. Sec.  54.8(e)(5).
    \21\ Id. 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. Id. Sec.  
54.8(f).
---------------------------------------------------------------------------

    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.\22\ 
The Bureau may set a longer debarment period or extend an existing 
debarment period if necessary to protect the public interest.\23\
---------------------------------------------------------------------------

    \22\ Id. Sec.  54.8(d), (g).
    \23\ Id. Sec.  54.8(g).
---------------------------------------------------------------------------

    Please direct any response, if sent by messenger or hand delivery, 
to Marlene H. Dortch, Secretary, Federal Communications Commission, 445 
12th Street SW., Room TW-A325, Washington, DC 20554 and to the 
attention of Celia Lewis, Paralegal Specialist, Investigations and 
Hearings Division, Enforcement Bureau, Room 4-A422, Federal 
Communications Commission, 445 12th Street SW., Washington, DC 20554 
with a copy to Kalun Lee, Deputy Chief, Investigations and Hearings 
Division, Enforcement Bureau, Room 4-C237, Federal Communications 
Commission, 445 12th Street SW., Washington, DC 20554. All messenger or 
hand delivery filings must be submitted without envelopes.\24\ 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 12th Street SW., Room 4-
A422, Washington, DC 20554, with a copy to Kalun Lee, Deputy Chief, 
Investigations and Hearings Division, Enforcement Bureau, Federal 
Communications Commission, 445 12th Street SW., Room 4-C237, 
Washington, DC 20554. You shall also transmit a copy of your response 
via email to Celia Lewis, [email protected], and Kalun Lee, 
[email protected].
---------------------------------------------------------------------------

    \24\ See FCC Public Notice, DA 09-2529 for further filing 
instructions (rel. Dec. 3, 2009).
---------------------------------------------------------------------------

    If you have any questions, please contact Ms. Lewis via U.S. postal 
mail, email, 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 email 
address noted above.
Sincerely yours,

Jeffrey J. Gee, Chief, Investigations and Hearings Division, 
Enforcement Bureau.
cc: Johnnay Schrieber, Universal Service Administrative Company (via 
email), Rashann Duvall, Universal Service Administrative Company (via 
email), Chris M. Stevens, United States Attorney's Office, Western 
District of Oklahoma (via email), Scott E. Williams, United States 
Attorney's

[[Page 34908]]

Office, Western District of Oklahoma (via email).

[FR Doc. 2015-15065 Filed 6-17-15; 8:45 am]
BILLING CODE 6712-01-P



                                              34906                         Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices

                                              DATES:   Comments must be received on                   ACTION:   Notice.                                      In addition, the complete text is
                                              or before August 17, 2015 to be assured                                                                        available on the FCC’s Web site at
                                              of consideration.                                       SUMMARY:    The Enforcement Bureau                     http://www.fcc.gov.
                                                                                                      (Bureau) gives notice of Wes Yui Chew’s
                                              ADDRESSES: Comments may be                                                                                     Jeffrey J. Gee,
                                                                                                      suspension from the federal Lifeline
                                              submitted electronically on                             universal service support mechanism                    Chief, Investigations and Hearings Division,
                                              WWW.REGULATIONS.GOV or by mail                          (Lifeline program) and the                             Enforcement Bureau, Federal
                                              to Michele Kuester, Export-Import Bank                  commencement of debarment                              Communications Commission.
                                              of the United States, 811 Vermont Ave.                  proceedings against him. Suspension                      May 26, 2015
                                              NW., Washington, DC 20571.                              immediately excludes Mr. Chew from                     DA 15–630
                                              SUPPLEMENTARY INFORMATION:                              activities associated with or related to
                                                 Title and Form Number: EIB 92–36                     the Lifeline program pending                           SENT VIA CERTIFIED MAIL, RETURN
                                              Application for Issuing Bank Credit                     completion of the debarment process.                   RECEIPT REQUESTED
                                              Limit (IBCL) Under Lender or Exporter-                  Mr. Chew, or any person who has an                     Mr. Wes Yui Chew, c/o Daniel G.
                                              Held Policies.                                          existing contract with or intends to                   Webber, Jr., Ryan Whaley Coldiron
                                                 OMB Number: 3048–0016.                               contract with him to provide or receive                Shandy PLLC, 119 N. Robinson Avenue,
                                                 Type of Review: Regular.                             services in matters arising out of                     Suite 900, Oklahoma City, OK 73102.
                                                 Need and Use: This form is used by                   activities associated with or related to               Re: Notice of suspension and initiation
                                              an insured exporter or lender (or broker                the Lifeline program, may contest this                    of debarment proceeding, File No.
                                              acting on its behalf) in order to obtain                suspension or its scope by filing an                      EB–IHD–15–00019046.
                                              approval for coverage of the repayment                  opposition and any relevant
                                              risk of an overseas bank. The                                                                                     Dear Mr. Chew:
                                                                                                      documentation.
                                                                                                                                                                The Federal Communications
                                              information received allows Ex-Im Bank                  DATES: Any opposition must be received                 Commission (Commission) has received
                                              staff to make a determination of the                    within 30 days from the receipt of the                 notice of your conviction for money
                                              creditworthiness of the foreign bank and                suspension letter or June 18, 2015,                    laundering in violation of 18 U.S.C.
                                              the underlying export sale for Ex-Im                    whichever comes first. The Bureau will                 1957(a), in connection with fraudulent
                                              Bank assistance under its programs.                     decide any opposition within 90 days of                claims against the federal Lifeline
                                                 This form has been updated to                        its receipt.                                           telephone program (Lifeline program).1
                                              include a new Certification and Notices                 ADDRESSES: Federal Communications                      Pursuant to its rules, the Enforcement
                                              section as well as a new statement                      Commission, Enforcement Bureau,                        Bureau (Bureau) hereby suspends you
                                              explaining Ex-Im Bank’s limitation on                   Investigations and Hearings Division,                  from participating in activities
                                              support for goods subject to trade                      Room 4–A422, 445 12th Street SW.,                      associated with the Lifeline program.2
                                              measures or sanctions.                                  Washington, DC 20554.                                  The Bureau is also commencing a
                                                 Affected Public: This form affects
                                                                                                      FOR FURTHER INFORMATION CONTACT:                       proceeding to debar you from future
                                              entities involved in the export of U.S.
                                                                                                      Celia Lewis, Paralegal Specialist,                     participation in the Lifeline program.3
                                              goods and services.
                                                                                                      Federal Communications Commission,
                                                 Annual Number of Respondents: 480.                                                                          I. Notice of Suspension
                                                                                                      Enforcement Bureau, Investigations and
                                                 Estimated Time per Respondent: 1.2                                                                             Any person who has ‘‘defrauded the
                                                                                                      Hearings Division, Room 4–A422, 445
                                              hours.                                                                                                         government or engaged in similar acts
                                                                                                      12th Street SW., Washington, DC 20554.
                                                 Annual Burden Hours: 576 hours.                                                                             through activities associated with or
                                                                                                      Celia Lewis may be contacted by phone
                                                 Frequency of Reporting of Use: As                                                                           related to the [Lifeline program]’’ may
                                                                                                      at (202) 418–7456 or email at
                                              needed.                                                                                                        be prohibited from receiving the
                                                                                                      Celia.Lewis@fcc.gov. If Ms. Lewis is
                                                 Government Expenses:                                                                                        benefits associated with that program.4
                                                                                                      unavailable, you may contact Mr. Kalun
                                                 Reviewing time per year: 480 hours.
                                                                                                      Lee, Deputy Chief, Investigations and
                                                 Average Wages per Hour: $42.50.                                                                                1 Any further reference in this letter to ‘‘your
                                                                                                      Hearings Division, by telephone at (202)
                                                 Average Cost per Year: $20,400                                                                              conviction’’ refers to your guilty plea and
                                                                                                      418–0796 and by email at Kalun.Lee@
                                              (time*wages).                                                                                                  subsequent sentencing in United States v. Chew,
                                                                                                      fcc.gov.                                               Criminal Docket No. 5:14–cr–00170–D, Plea
                                                 Benefits and Overhead: 20%.
                                                                                                      SUPPLEMENTARY INFORMATION: The                         Agreement (W.D. Okla. filed June 12, 2014) (Plea
                                                 Total Government Cost: $24,480.                                                                             Agreement). See also Lifeline & Link Up Reform &
                                                                                                      Bureau has suspension and debarment                    Modernization, WC Docket No. 11–42, CC Docket
                                              Bonita Jones-McNeil,                                    authority pursuant to 47 CFR 54.8 and                  No. 96–45, WC Docket No. 03–109, Report and
                                              Agency Clearance Officer, Office of the Chief           0.111(a)(14). Mr. Chew’s conviction for                Order and Further Notice of Proposed Rulemaking,
                                              Information Officer.                                    money laundering in violation of 18                    27 FCC Rcd 6656 (2012) (Lifeline Reform Order).
                                                                                                                                                                2 47 CFR 54.8.
                                              [FR Doc. 2015–14952 Filed 6–17–15; 8:45 am]             U.S.C. 1957(a), in connection with                        3 Id.; 47 CFR 0.111 (delegating to the Bureau
                                              BILLING CODE 6690–01–P                                  fraudulent claims against the Lifeline                 authority to resolve universal service suspension
                                                                                                      program, requires the Bureau to suspend                and debarment proceedings). In 2007, the
                                                                                                      him from participating in activities                   Commission extended the debarment rules to apply
                                                                                                      associated with the Lifeline program.                  to all federal universal service support mechanisms,
                                              FEDERAL COMMUNICATIONS                                                                                         including Lifeline. See Comprehensive Review of
                                              COMMISSION                                              Attached is the notice of suspension and               the Universal Service Fund Management,
                                                                                                      initiation of debarment proceeding                     Administration, & Oversight, Report and Order, 22
                                              [DA 15–630]                                             (Notice of Suspension), DA 15–630,                     FCC Rcd 16372, 16410–12 (2007) (Program
                                                                                                      which was mailed to Mr. Chew and                       Management Order) (renumbering Section 54.521 of
                                              Notice of Suspension and                                                                                       the universal service debarment rules as Section
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Commencement of Proposed                                released on May 26, 2015. The complete                 54.8 and amending subsections (a)(1), (a)(5), (c), (d),
                                              Debarment Proceedings; Federal                          text of the Notice of Suspension is                    (e)(2)(i), (e)(3), (e)(4), and (g)).
                                              Lifeline Universal Service Support                      available for public inspection and                       4 Program Management Order, 22 FCC Rcd at

                                                                                                      copying during regular business hours                  16387, para. 32. The Commission’s debarment rules
                                              Mechanism                                                                                                      define a ‘‘person’’ as ‘‘[a]ny individual, group of
                                                                                                      at the FCC Reference Information                       individuals, corporation, partnership, association,
                                              AGENCY:Federal Communications                           Center, Portal II, 445 12th Street SW.,                unit of government or legal entity, however
                                              Commission.                                             Room CY–A257, Washington, DC 20554.                    organized.’’ 47 CFR 54.8(a)(6).



                                         VerDate Sep<11>2014   16:53 Jun 17, 2015   Jkt 235001   PO 00000   Frm 00028   Fmt 4703   Sfmt 4703   E:\FR\FM\18JNN1.SGM   18JNN1


                                                                            Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices                                                     34907

                                              The Lifeline program is a government                    circumstances.15 The Bureau will                        existing debarment period if necessary
                                              program that provides support to                        decide any request to reverse or modify                 to protect the public interest.23
                                              eligible telecommunications carriers                    a suspension within ninety (90)                            Please direct any response, if sent by
                                              (ETCs) that in turn offer discounts on                  calendar days of its receipt of such                    messenger or hand delivery, to Marlene
                                              telephone service for eligible low-                     request.16                                              H. Dortch, Secretary, Federal
                                              income consumers.5 An ETC may                                                                                   Communications Commission, 445 12th
                                              receive reimbursement in connection                     II. Initiation of Debarment Proceedings                 Street SW., Room TW–A325,
                                              with the Lifeline program only if it                                                                            Washington, DC 20554 and to the
                                                                                                         In addition to your immediate
                                              certifies as part of its reimbursement                                                                          attention of Celia Lewis, Paralegal
                                                                                                      suspension from the Lifeline program,
                                              request that it is in compliance with the                                                                       Specialist, Investigations and Hearings
                                                                                                      your conviction is cause for debarment
                                              Lifeline rules.6                                                                                                Division, Enforcement Bureau, Room 4–
                                                                                                      as defined in Section 54.8(c) of the
                                                 Icon Telecom, Inc. (Icon) participated                                                                       A422, Federal Communications
                                              in the Lifeline program from July 2011                  Commission’s rules.17 Therefore,                        Commission, 445 12th Street SW.,
                                              until September 2013.7 During that time                 pursuant to Section 54.8(b) of the                      Washington, DC 20554 with a copy to
                                              period, you were the sole owner and                     Commission’s rules, your conviction                     Kalun Lee, Deputy Chief, Investigations
                                              president of Icon.8 On June 12, 2014,                   requires the Bureau to commence                         and Hearings Division, Enforcement
                                              you pled guilty to one count of money                   debarment proceedings against you.18                    Bureau, Room 4–C237, Federal
                                              laundering for transferring                                As with the suspension process, you                  Communications Commission, 445 12th
                                              $20,455,829.10 from an Icon bank                        may contest the proposed debarment or                   Street SW., Washington, DC 20554. All
                                              account to a personal bank account,                     its scope by filing arguments and any                   messenger or hand delivery filings must
                                              despite knowing that Icon had                           relevant documentation within thirty                    be submitted without envelopes.24 If
                                              thousands fewer customers than it had                   (30) calendar days of receipt of this                   sent by commercial overnight mail
                                              reported to the Commission.9                            letter or its publication in the Federal                (other than U.S. Postal Service (USPS)
                                                 Pursuant to Section 54.8(b) of the                   Register, whichever comes first.19 The                  Express Mail and Priority Mail), the
                                              Commission’s rules,10 your conviction                   Bureau, in the absence of extraordinary                 response must be sent to the Federal
                                              requires the Bureau to suspend you                      circumstances, will notify you of its                   Communications Commission, 9300
                                              from participating in any activities                    decision to debar within ninety (90)                    East Hampton Drive, Capitol Heights,
                                              associated with or related to the Lifeline              calendar days of receiving any                          Maryland 20743. If sent by USPS First
                                              program, including receiving funds or                   information you may have filed.20 If the                Class, Express Mail, or Priority Mail, the
                                              discounted services through the Lifeline                Bureau decides to debar you, its                        response should be addressed to Celia
                                              program, or consulting with, assisting,                 decision will become effective upon                     Lewis, Paralegal Specialist,
                                              or advising applicants or service                       either your receipt of a debarment                      Investigations and Hearings Division,
                                              providers regarding the Lifeline                        notice or publication of the decision in                Enforcement Bureau, Federal
                                              program.11 Your suspension becomes                      the Federal Register, whichever comes                   Communications Commission, 445 12th
                                              effective upon either your receipt of this              first.21                                                Street SW., Room 4–A422, Washington,
                                              letter or its publication in the Federal                                                                        DC 20554, with a copy to Kalun Lee,
                                              Register, whichever comes first.12                         If and when your debarment becomes                   Deputy Chief, Investigations and
                                                 In accordance with the Commission’s                  effective, you will be prohibited from                  Hearings Division, Enforcement Bureau,
                                              suspension and debarment rules, you                     participating in activities associated                  Federal Communications Commission,
                                              may contest this suspension or its scope                with or related to the Lifeline program                 445 12th Street SW., Room 4–C237,
                                              by filing arguments, with any relevant                  for three years from the date of                        Washington, DC 20554. You shall also
                                              documents, within thirty (30) calendar                  debarment.22 The Bureau may set a                       transmit a copy of your response via
                                              days of your receipt of this letter or its              longer debarment period or extend an                    email to Celia Lewis, Celia.Lewis@
                                              publication in the Federal Register,                                                                            fcc.gov, and Kalun Lee, Kalun.Lee@
                                                                                                        15 Id.  § 54.8(f).
                                              whichever comes first.13 Such requests,                                                                         fcc.gov.
                                                                                                        16 Id.  §§ 54.8(e)(5), (f).
                                              however, will not ordinarily be                                                                                    If you have any questions, please
                                                                                                         17 ‘‘Causes for suspension and debarment are
                                              granted.14 The Bureau may reverse or                                                                            contact Ms. Lewis via U.S. postal mail,
                                                                                                      conviction of or civil judgment for attempt or
                                              limit the scope of a suspension only                    commission of criminal fraud, theft, embezzlement,      email, or by telephone at (202) 418–
                                              upon a finding of extraordinary                         forgery, bribery, falsification or destruction of       7456. If Ms. Lewis is unavailable, you
                                                                                                      records, making false statements, receiving stolen      may contact Kalun Lee, Deputy Chief,
                                                5 See Lifeline Reform Order, 27 FCC Rcd at 6662–      property, making false claims, obstruction of justice   Investigations and Hearings Division, by
                                                                                                      and other fraud or criminal offense arising out of
                                              67, paras. 11–18; see also 47 CFR 54.400–54.422.
                                                                                                      activities associated with or related to the schools    telephone at (202) 418–0796 or at the
                                                6 See 47 CFR 54.407(d).
                                                                                                      and libraries support mechanism, the high-cost          email address noted above.
                                                7 United States v. Chew, Criminal Docket No.
                                                                                                      support mechanism, the rural health care support        Sincerely yours,
                                              5:14–cr–00170–D, Information at 4 (W.D. Okla. filed     mechanism, and the low-income support
                                              June 3, 2014).                                          mechanism.’’ 47 CFR 54.8(c). Associated activities      Jeffrey J. Gee, Chief, Investigations and
                                                8 Id. at 1.
                                                                                                      ‘‘include the receipt of funds or discounted services      Hearings Division, Enforcement
                                                9 Id. at 7–8; Plea Agreement at 2; see also United    through [the federal universal service] support            Bureau.
                                              States Attorney’s Office, Western District of           mechanisms, or consulting with, assisting, or           cc: Johnnay Schrieber, Universal Service
                                              Oklahoma, Press Release, Icon Telecom and Its           advising applicants or service providers regarding
                                              Owner Plead Guilty And Agree To Forfeit More            [the federal universal service] support                    Administrative Company (via email),
                                              Than $27 Million In Connection With Federal             mechanisms.’’ Id. § 54.8(a)(1).                            Rashann Duvall, Universal Service
                                              Wireless Telephone Subsidy Program, June 12,               18 Id. § 54.8(b).                                       Administrative Company (via email),
                                              2014, available at http://www.justice.gov/usao-            19 Id. § 54.8(e)(3).
                                                                                                                                                                 Chris M. Stevens, United States
tkelley on DSK3SPTVN1PROD with NOTICES




                                              wdok/pr/icon-telecom-and-its-owner-plead-guilty-           20 Id. § 54.8(e)(5).
                                              and-agree-forfeit-more-27-million-connection.                                                                      Attorney’s Office, Western District of
                                                                                                         21 Id. The Commission may reverse a debarment,
                                                10 47 CFR 54.8(a)(4); see Program Management                                                                     Oklahoma (via email), Scott E.
                                                                                                      or may limit the scope or period of debarment,
                                              Order, 22 FCC Rcd at 16387, para. 32.                   upon a finding of extraordinary circumstances,             Williams, United States Attorney’s
                                                11 47 CFR 54.8(a)(1), (d).
                                                                                                      following the filing of a petition by you or an
                                                12 Id. § 54.8(e)(1).
                                                                                                      interested party or upon motion by the                    23 Id. § 54.8(g).
                                                13 Id. § 54.8(e)(4).                                  Commission. Id. § 54.8(f).                                24 See  FCC Public Notice, DA 09–2529 for further
                                                14 Id.                                                   22 Id. § 54.8(d), (g).                               filing instructions (rel. Dec. 3, 2009).



                                         VerDate Sep<11>2014   16:53 Jun 17, 2015   Jkt 235001   PO 00000   Frm 00029   Fmt 4703   Sfmt 4703   E:\FR\FM\18JNN1.SGM       18JNN1


                                              34908                         Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices

                                                 Office, Western District of Oklahoma                 Agreements at (202) 523–5793 or                          Parties: Maersk Line A/S DBA
                                                 (via email).                                         tradeanalysis@fmc.gov.                                 Sealand; APL Co. Pte Ltd.; American
                                              [FR Doc. 2015–15065 Filed 6–17–15; 8:45 am]                Agreement No.: 011753–004.                          President Lines, Ltd..
                                              BILLING CODE 6712–01–P                                     Title: Hoegh Autoliners/EUKOR                         Filing Party: Wayne R. Rohde, Esq.;
                                                                                                      Space Charter Agreement.                               Cozen O’ Connor; 1627 I Street NW.,
                                                                                                         Parties: Hoegh Autoliners AS and                    Suite 1100; Washington, DC 20006–
                                                                                                      EUKOR Car Carriers, Inc.                               4007.
                                              FEDERAL DEPOSIT INSURANCE                                  Filing Party: Wayne R. Rohde, Esq.;
                                              CORPORATION                                                                                                      Synopsis: The agreement is a vessel
                                                                                                      Cozen O’Connor; 1627 I Street NW.,
                                                                                                                                                             sharing agreement in the trade between
                                              Sunshine Act Meeting                                    Suite 1100; Washington, DC 20036.
                                                                                                                                                             the U.S. East Coast on the one hand, and
                                                                                                         Synopsis: The amendment expands
                                                                                                                                                             Panama and Colombia on the other.
                                                 Pursuant to the provisions of the                    the geographic scope of the agreement to
                                              ‘‘Government in the Sunshine Act’’ (5                   include the trade from the U.S. West                     Agreement No.: 012347.
                                              U.S.C. 552b), notice is hereby given that               Coast to Japan, China and the Republic                   Title: NYK/‘‘K’’ Line Space Charter
                                              at 10:15 a.m. on Tuesday, June 16, 2015,                of Korea, and updates the addresses of                 Agreement.
                                              the Board of Directors of the Federal                   the parties.                                             Parties: Nippon Yusen Kaisha, Ltd.
                                              Deposit Insurance Corporation met in                       Agreement No.: 012206–002.                          and Kawasaki Kisen Kaisha, Ltd.
                                              closed session to consider matters                         Title: Grimaldi/‘‘K’’ Line Space                      Filing Party: John P. Meade, Esq.;
                                              related to the Corporation’s supervision,               Charter Agreement.                                     General Counsel; K-Line America, Inc.;
                                              corporate, and resolution activities.                      Parties: Grimaldi Deep Sea S.P.A. and
                                                                                                                                                             6199 Bethlehem Road; Preston, MD
                                                 In calling the meeting, the Board                    Grimaldi Euromed S.p.A (acting as a
                                                                                                                                                             21655.
                                              determined, on motion of Vice                           single party); Kawasaki Kisen Kaisha,
                                                                                                      Ltd.                                                     Synopsis: The agreement authorizes
                                              Chairman Thomas M. Hoenig, seconded
                                                                                                         Filing Party: Wayne Rohde; Cozen                    the parties to charter space to each other
                                              by Director Thomas J. Curry
                                                                                                      O’Connor; 1627 I Street NW., Suite                     for new vehicles in the trade between
                                              (Comptroller of the Currency),
                                                                                                      1100; Washington, DC 20006.                            the U.S. and Japan, Korea and China.
                                              concurred in by Director Richard
                                              Cordray (Director, Consumer Financial                      Synopsis: The amendment adds                           Agreement No.: 201228.
                                              Protection Bureau), and Chairman                        Grimaldi Euromed S.p.A. as a party to                     Title: Port of Seattle/Port of Tacoma
                                              Martin J. Gruenberg, that Corporation                   the agreement.                                         Alliance Agreement.
                                              business required its consideration of                     Agreement No.: 012212–002.                             Parties: Port of Seattle and Port of
                                              the matters which were to be the subject                   Title: NYK/Grimaldi Cooperative
                                                                                                                                                             Tacoma.
                                              of this meeting on less than seven days’                Working Agreement.
                                                                                                         Parties: Nippon Yusen Kaisha N.Y.K.                    Filing Party: Thomas H. Tanaka,
                                              notice to the public; that no earlier                                                                          Senior Port Counsel; Port of Seattle;
                                              notice of the meeting was practicable;                  Line (North America) Inc.; and Grimaldi
                                                                                                      Deep Sea S.p.A. and Grimaldi Euromed                   2711 Alaskan Way, Seattle, WA 98121;
                                              that the public interest did not require                                                                       and Carolyn Lake, Port General Legal
                                              consideration of the matters in a                       S.p.A. (acting as a single party).
                                                                                                         Filing Party: Wayne R. Rohde, Esq.;                 Counsel; Port of Tacoma; 501 South G
                                              meeting open to public observation; and                                                                        Street, Tacoma, WA 98405.
                                              that the matters could be considered in                 Cozen O’Conner; 1627 I Street NW.,
                                              a closed meeting by authority of                        Suite 1100; Washington, DC 20006–                         Synopsis: The Agreement would
                                              subsections (c)(4), (c)(6), (c)(8),                     4007.                                                  authorize the parties to establish an
                                              (c)(9)(A)(ii), (c)(9)(B), and (c)(10) of the               Synopsis: The amendment adds                        alliance and create an entity known as
                                              ‘‘Government in the Sunshine Act’’ (5                   Grimaldi Euromed S.p.A. as a party to                  a port development authority to operate
                                              U.S.C. 552b(c)(4), (c)(6), (c)(8),                      the agreement.                                         the alliance.
                                              (c)(9)(A)(ii), (c)(9)(B), and (c)(10).                     Agreement No.: 012291–002.                            Agreement No.: 201229.
                                                                                                         Title: Maersk Line/MSC WCCA Space
                                                Dated: June 16, 2015.                                                                                          Title: Port of Houston Authority and
                                                                                                      Charter Agreement.
                                              Federal Deposit Insurance Corporation.                     Parties: Maersk Line A/S and MSC                    Maersk Agency USA, Inc. as agent for
                                              Robert E. Feldman,                                      Mediterranean Shipping Company S.A.                    Maersk Line A/S Marine Terminal
                                                                                                         Filing Party: Wayne Rohde, Esq.;                    Services Agreement.
                                              Executive Secretary.
                                              [FR Doc. 2015–15134 Filed 6–16–15; 4:15 pm]             Cozen O’Connor; 1627 I Street NW.,                       Parties: Port of Houston Authority
                                                                                                      Suite 1100; Washington, DC 20006.                      and Maersk Line A/S.
                                              BILLING CODE 6714–01–P
                                                                                                         Synopsis: The Amendment would                         Filing Party: Linda Henry, Associate
                                                                                                      provide for the chartering of space on an              General Counsel; Port of Houston
                                                                                                      ‘‘as needed, as available’’ basis.                     Authority; 111 East Loop North,
                                              FEDERAL MARITIME COMMISSION
                                                                                                         Agreement No.: 012293–004.                          Houston, TX 77029.
                                              Notice of Agreements Filed                                 Title: Maersk/MSC Vessel Sharing                      Synopsis: The Agreement sets forth
                                                                                                      Agreement.                                             certain discounted rates and charges
                                                The Commission hereby gives notice                       Parties: Maersk Line A/S and MSC                    applicable to Maersk Line A/S container
                                              of the filing of the following agreements               Mediterranean Shipping Company S.A.                    vessels calling at Port of Houston
                                              under the Shipping Act of 1984.                            Filing Party: Wayne Rohde, Esq.;                    Authority’s Barbours Cut and Bayport
                                              Interested parties may submit comments                  Cozen O’Connor; 1627 I Street NW.,                     Container Terminals.
                                              on the agreements to the Secretary,                     Suite 1100; Washington, DC 20006.
                                                                                                                                                               By Order of the Federal Maritime
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Federal Maritime Commission,                               Synopsis: The Amendment would add
                                                                                                                                                             Commission.
                                              Washington, DC 20573, within twelve                     Russia, Saudi Arabia, and Israel to the
                                              days of the date this notice appears in                 geographic scope of the Agreement.                       Dated: June 12, 2015.
                                              the Federal Register. Copies of the                        Agreement No.: 012346.                              Karen V. Gregory,
                                              agreements are available through the                       Title: Sealand/APL Central America                  Secretary.
                                              Commission’s Web site (www.fmc.gov)                     Vessel Sharing Agreement Space                         [FR Doc. 2015–14920 Filed 6–17–15; 8:45 am]
                                              or by contacting the Office of                          Charter Agreement.                                     BILLING CODE 6730–01–P




                                         VerDate Sep<11>2014   16:53 Jun 17, 2015   Jkt 235001   PO 00000   Frm 00030   Fmt 4703   Sfmt 9990   E:\FR\FM\18JNN1.SGM   18JNN1



Document Created: 2018-02-22 11:12:19
Document Modified: 2018-02-22 11:12:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesAny opposition must be received within 30 days from the receipt of the suspension letter or June 18, 2015, whichever comes first. The Bureau will decide any opposition within 90 days of its receipt.
ContactCelia Lewis, Paralegal Specialist, Federal Communications Commission, Enforcement Bureau, Investigations and Hearings Division, Room 4-A422, 445 12th Street SW., Washington, DC 20554. Celia Lewis may be contacted by phone at (202) 418-7456 or email at [email protected] If Ms. Lewis is unavailable, you may contact Mr. Kalun Lee, Deputy Chief, Investigations and Hearings Division, by telephone at (202) 418-0796 and by email at [email protected]
FR Citation80 FR 34906 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR