80_FR_39561 80 FR 39430 - Notice of Suspension and Commencement of Proposed Debarment Proceedings; Federal Lifeline Universal Service Support Mechanism

80 FR 39430 - Notice of Suspension and Commencement of Proposed Debarment Proceedings; Federal Lifeline Universal Service Support Mechanism

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 131 (July 9, 2015)

Page Range39430-39432
FR Document2015-16778

The Enforcement Bureau (Bureau) gives notice of Oscar Enrique Perez-Zumaeta's suspension from the federal Lifeline universal service support mechanism (Lifeline program) and the commencement of debarment proceedings against him. Suspension immediately excludes Mr. Perez- Zumaeta from activities associated with or related to the Lifeline program pending completion of the debarment process. Mr. Perez-Zumaeta, 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 131 (Thursday, July 9, 2015) 
[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Notices]
[Pages 39430-39432]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16778]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 15-669]


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

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (Bureau) gives notice of Oscar Enrique 
Perez-Zumaeta's suspension from the federal Lifeline universal service 
support mechanism (Lifeline program) and the commencement of debarment 
proceedings against him. Suspension immediately excludes Mr. Perez-
Zumaeta from activities associated with or related to the Lifeline 
program pending completion of the debarment process. Mr. Perez-Zumaeta, 
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

[[Page 39431]]

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 July 9, 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: Ms. 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 telephone at (202) 418-7456 or 
email at Celia.Lewis@fcc.gov. If Ms. Lewis is unavailable, you may 
contact Mr. Kalun Lee, Deputy Chief, Investigations and Hearings 
Division, by telephone at (202) 418-0796 or email at Kalun.Lee@fcc.gov.

SUPPLEMENTARY INFORMATION: The Bureau has suspension and debarment 
authority pursuant to 47 CFR 54.8 and 0.111(a)(14). Mr. Perez-Zumaeta's 
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 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 15-669, which was mailed to Mr. Perez-Zumaeta and 
released on June 8, 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.

Federal Communications Commission.
Jeffrey J. Gee,
Chief, Investigations and Hearings Division, Enforcement Bureau.
June 08, 2015
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).\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\
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    \1\ Any further reference in this letter to ``your conviction'' 
refers to your guilty plea and subsequent sentencing in United 
States v. Perez-Zumaeta, Criminal Docket No. 5:14-cr-00165-D-1, Plea 
Agreement (W.D. Okla. filed Nov. 07, 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 Serv. Fund Mgmt., Admin., 
& 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)).
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    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\ 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\
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    \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).
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    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).\7\ 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.\8\ 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.\9\ 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.\10\
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    \7\ United States v. Perez-Zumaeta, Criminal Docket No. 5:14-cr-
00165-D-1, Indictment at 1-2 (W.D. Okla. filed June 03, 2014) 
(Indictment).
    \8\ United States v. Icon Telecom, Inc., Criminal Docket No. 
5:14-cr-00170-D, Plea Agreement (W.D. Okla. filed June 12, 2014).
    \9\ Indictment at 8-10.
    \10\ Plea Agreement at 2; Indictment at 16-17; see also United 
States Attorney's Office, western District of oklahoma, Press 
Release, Final Defendant Sentenced to Serve 42 Months in Prison for 
Money Laundering in Connection with Federal Wireless Telephone 
Program Subsidies, Apr. 23, 2015, available at http://www.justice.gov/usao-wdok/pr/final-defendant-sentenced-serve-42-months-prison-money-laundering-connection-federal.
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    Pursuant to section 54.8(b) of the Commission's rules,\11\ 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.\12\ Your suspension 
becomes effective upon either your receipt of this letter or its 
publication in the Federal Register, whichever comes first.\13\
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    \11\ 47 CFR 54.8(a)(4); see Program Management Order, 22 FCC Rcd 
at 16387, para. 32.
    \12\ 47 CFR 54.8(a)(1), (d).
    \13\ Id. Sec.  54.8(e)(1).
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    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.\14\ Such requests, however, will not ordinarily 
be granted.\15\ The Bureau may reverse or limit the scope of a 
suspension only upon a finding of extraordinary circumstances.\16\ The 
Bureau will decide any request to reverse or modify a suspension within 
ninety (90)

[[Page 39432]]

calendar days of its receipt of such request.\17\
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    \14\ Id. Sec.  54.8(e)(4).
    \15\ Id.
    \16\ Id. Sec.  54.8(f).
    \17\ Id. Sec. Sec.  54.8(e)(5), (f).
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I. 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.\18\ Therefore, pursuant to section 54.8(b) of 
the Commission's rules, your conviction requires the Bureau to commence 
debarment proceedings against you.\19\
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    \18\ ``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).
    \19\ Id. Sec.  54.8(b).
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    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.\20\ 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.\21\ 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.\22\
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    \20\ Id. Sec.  54.8(e)(3).
    \21\ Id. Sec.  54.8(e)(5).
    \22\ 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).
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    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.\23\ 
The Bureau may set a longer debarment period or extend an existing 
debarment period if necessary to protect the public interest.\24\
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    \23\ Id. Sec.  54.8(d), (g).
    \24\ Id. Sec.  54.8(g).
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    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.\25\ 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, Celia.Lewis@fcc.gov, and Kalun Lee, 
Kalun.Lee@fcc.gov.
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    \25\ See FCC Public Notice, DA 09-2529 for further filing 
instructions (rel. Dec. 3, 2009).
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    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 Office, Western District of Oklahoma (via email)

[FR Doc. 2015-16778 Filed 7-8-15; 8:45 am]
 BILLING CODE 6712-01-P

39430 Federal Register / Vol. 80, No. 131 / Thursday, July 9, 2015 / Notices An ETC may receive reimbursement in Therefore, pursuant to section 54.8(b) of the 9300 East Hampton Drive, Capitol Heights, connection with the Lifeline program only if Commission’s rules, Icon’s conviction Maryland 20743. If sent by USPS First Class, it certifies as part of its reimbursement requires the Bureau to commence debarment Express Mail, or Priority Mail, the response request that it is in compliance with the proceedings against it.18 should be addressed to Celia Lewis, Paralegal Lifeline rules.6 As with the suspension process, Icon may Specialist, Investigations and Hearings Icon participated in the Lifeline program contest the proposed debarment or its scope Division, Enforcement Bureau, Federal from July 2011 until September 2013.7 On by filing arguments and any relevant Communications Commission, 445 12th June 12, 2014, Icon pled guilty to knowingly documentation within thirty (30) calendar Street SW., Room 4–A422, Washington, DC making a false statement to the Universal days of receipt of this letter or its publication 20554, with a copy to Kalun Lee, Deputy Service Administrative Company 8 through in the Federal Register, whichever comes Chief, Investigations and Hearings Division, its submission of 58 fabricated customer first.19 The Bureau, in the absence of Enforcement Bureau, Federal recertification forms, which included extraordinary circumstances, will notify Icon Communications Commission, 445 12th fictitious signatures, in response to an audit of its decision to debar within ninety (90) Street SW., Room 4–C237, Washington, DC request.9 calendar days of receiving any information it 20554. You shall also transmit a copy of your Pursuant to section 54.8(b) of the may have filed.20 If the Bureau decides to response via email to Celia Lewis, Commission’s rules,10 Icon’s conviction debar the Company, its decision will become Celia.Lewis@fcc.gov, and Kalun Lee, requires the Bureau to suspend it from effective upon either Icon’s receipt of a Kalun.Lee@fcc.gov. participating in any activities associated with debarment notice or publication of the If you have any questions, please contact or related to the Lifeline program, including decision in the Federal Register, whichever Ms. Lewis via U.S. postal mail, email, or by receiving funds or discounted services comes first.21 telephone at (202) 418–7456. If Ms. Lewis is through the Lifeline program, or consulting If and when Icon’s debarment becomes unavailable, you may contact Kalun Lee, with, assisting, or advising applicants or effective, it will be prohibited from Deputy Chief, Investigations and Hearings service providers regarding the Lifeline participating in activities associated with or Division, by telephone at (202) 418–0796 or program.11 Icon’s suspension becomes related to the Lifeline program for three years at the email address noted above. effective upon either its receipt of this letter from the date of debarment.22 The Bureau Sincerely yours, or publication of the suspension in the may set a longer debarment period or extend Jeffrey J. Gee Federal Register, whichever comes first.12 an existing debarment period if necessary to Chief Investigations and Hearings Division In accordance with the Commission’s protect the public interest.23 Enforcement Bureau suspension and debarment rules, Icon may Please direct any response, if sent by contest this suspension or its scope by filing cc: Johnnay Schrieber, Universal Service messenger or hand delivery, to Marlene H. arguments, with any relevant documents, Administrative Company (via email); Dortch, Secretary, Federal Communications within thirty (30) calendar days of its receipt Rashann Duvall, Universal Service Commission, 445 12th Street SW., Room of this letter or publication of the suspension Administrative Company (via email); TW–A325, Washington, DC 20554 and to the in the Federal Register, whichever comes Chris M. Stevens, United States attention of Celia Lewis, Paralegal Specialist, first.13 Such requests, however, will not Attorney’s Office, Western District of Investigations and Hearings Division, Oklahoma (via email); Scott E. Williams, ordinarily be granted.14 The Bureau may Enforcement Bureau, Room 4–A422, Federal reverse or limit the scope of a suspension United States Attorney’s Office, Western Communications Commission, 445 12th District of Oklahoma (via email) only upon a finding of extraordinary Street SW., Washington, DC 20554 with a circumstances.15 The Bureau will decide any copy to Kalun Lee, Deputy Chief, [FR Doc. 2015–16777 Filed 7–8–15; 8:45 am] request to reverse or modify a suspension Investigations and Hearings Division, BILLING CODE 6712–01–P within ninety (90) calendar days of its receipt Enforcement Bureau, Room 4–C237, Federal of such request.16 Communications Commission, 445 12th II. Initiation of Debarment Proceedings Street SW., Washington, DC 20554. All FEDERAL COMMUNICATIONS messenger or hand delivery filings must be COMMISSION In addition to Icon’s immediate suspension submitted without envelopes.24 If sent by from the Lifeline program, its conviction is commercial overnight mail (other than U.S. [DA 15–669] cause for debarment as defined in section Postal Service (USPS) Express Mail and 54.8(c) of the Commission’s rules.17 Priority Mail), the response must be sent to Notice of Suspension and the Federal Communications Commission, Commencement of Proposed 6 See 47 CFR 54.407(d). Debarment Proceedings; Federal 7 United States v. Icon Telecom, Criminal Docket forgery, bribery, falsification or destruction of Lifeline Universal Service Support No. 5:14–cr–00170–D, Information at 4 (W.D. Okla. records, making false statements, receiving stolen filed June 3, 2014) (Information). Mechanism property, making false claims, obstruction of justice 8 The Universal Service Administrative Company and other fraud or criminal offense arising out of AGENCY: Federal Communications (USAC) is an independent, not-for-profit activities associated with or related to the schools corporation designated by the Commission as the Commission. and libraries support mechanism, the high-cost administrator of the Lifeline program. See About support mechanism, the rural healthcare support ACTION: Notice. USAC, http://www.usac.org/about/. mechanism, and the low-income support 9 Information at 8; Plea Agreement at 2; see also mechanism.’’ Id. § 54.8(c). Associated activities SUMMARY: The Enforcement Bureau United States Attorney’s Office, Western District of ‘‘include the receipt of funds or discounted services (Bureau) gives notice of Oscar Enrique Oklahoma, Press Release, Icon Telecom and Its through [the federal universal service] support Owner Plead Guilty And Agree To Forfeit More Perez-Zumaeta’s suspension from the mechanisms, or consulting with, assisting, or Than $27 Million In Connection With Federal advising applicants or service providers regarding federal Lifeline universal service Wireless Telephone Subsidy Program, June 12, [the federal universal service] support support mechanism (Lifeline program) 2014, available at http://www.justice.gov/usao- mechanisms.’’ Id. § 54.8(a)(1). and the commencement of debarment wdok/pr/icon-telecom-and-its-owner-plead-guilty- 18 Id. § 54.8(b). and-agree-forfeit-more-27-million-connection. proceedings against him. Suspension 19 Id. § 54.8(e)(3). 10 47 CFR 54.8(a)(4); see Program Management 20 Id. § 54.8(e)(5). immediately excludes Mr. Perez- Order, 22 FCC Rcd at 16387, para. 32. 21 Id. The Commission may reverse a debarment, Zumaeta from activities associated with or related to the Lifeline program srobinson on DSK5SPTVN1PROD with NOTICES 11 47 CFR 54.8(a)(1), (d). or may limit the scope or period of debarment, 12 Id. § 54.8(e)(1). upon a finding of extraordinary circumstances, pending completion of the debarment 13 Id. § 54.8(e)(4). following the filing of a petition by you or an process. Mr. Perez-Zumaeta, or any 14 Id. interested party or upon motion by the person who has an existing contract 15 Id. § 54.8(f). Commission. Id. § 54.8(f). 16 Id. §§ 54.8(e)(5), (f). 22 Id. § 54.8(d), (g). with or intends to contract with him to 17 ‘‘Causes for suspension and debarment are 23 Id. § 54.8(g). provide or receive services in matters conviction of or civil judgment for attempt or 24 See FCC Public Notice, DA 09–2529 for further arising out of activities associated with commission of criminal fraud, theft, embezzlement, filing instructions (rel. Dec. 3, 2009). or related to the Lifeline program, may VerDate Sep<11>2014 17:10 Jul 08, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\09JYN1.SGM 09JYN1

Federal Register / Vol. 80, No. 131 / Thursday, July 9, 2015 / Notices 39431 contest this suspension or its scope by Re: Notice of suspension and initiation through Icon Telecom, Inc. (Icon).7 On filing an opposition and any relevant of debarment proceeding, File No. June 12, 2014, Icon pled guilty to documentation. EB–IHD–15–00019209 knowingly making a false statement to DATES: Any opposition must be received Dear Mr. Perez-Zumaeta: The Federal the Universal Service Administrative within 30 days from the receipt of the Communications Commission Company in connection with fraudulent suspension letter or July 9, 2015, (Commission) has received notice of claims against the Lifeline program.8 whichever comes first. The Bureau will your conviction for money laundering According to court records, you were decide any opposition within 90 days of in violation of 18 U.S.C. 1957(a) and 18 charged with directing PSPS workers to its receipt. U.S.C. 2, in connection with fraudulent enroll fictitious customers and falsify ADDRESSES: Federal Communications claims against the federal Lifeline Lifeline recertification forms for use in Commission, Enforcement Bureau, universal service support mechanism Icon’s fraudulent scheme.9 On Investigations and Hearings Division, (Lifeline program).1 Pursuant to its November 7, 2014, you pled guilty to Room 4–A422, 445 12th Street SW., rules, the Enforcement Bureau (Bureau) one count of money laundering for Washington, DC 20554. hereby suspends you from participating depositing a $52,390.00 check from Icon in activities associated with the Lifeline into a PSPS bank account, despite FOR FURTHER INFORMATION CONTACT: Ms. program.2 The Bureau is also knowing that more than $10,000.00 of Celia Lewis, Paralegal Specialist, commencing a proceeding to debar you those funds was the result of criminal Federal Communications Commission, from future participation in the Lifeline fraud against the Commission.10 Enforcement Bureau, Investigations and program.3 Pursuant to section 54.8(b) of the Hearings Division, Room 4–A422, 445 Any person who has ‘‘defrauded the 12th Street SW., Washington, DC 20554. Commission’s rules,11 your conviction government or engaged in similar acts requires the Bureau to suspend you Celia Lewis may be contacted by through activities associated with or telephone at (202) 418–7456 or email at from participating in any activities related to the [Lifeline program]’’ may Celia.Lewis@fcc.gov. If Ms. Lewis is associated with or related to the Lifeline be prohibited from receiving the unavailable, you may contact Mr. Kalun program, including receiving funds or benefits associated with that program.4 Lee, Deputy Chief, Investigations and discounted services through the Lifeline The Lifeline program is a government Hearings Division, by telephone at (202) program, or consulting with, assisting, program that provides support to 418–0796 or email at Kalun.Lee@ or advising applicants or service eligible telecommunications carriers fcc.gov. providers regarding the Lifeline (ETCs) that in turn offer discounts on program.12 Your suspension becomes SUPPLEMENTARY INFORMATION: The telephone service for eligible low- effective upon either your receipt of this Bureau has suspension and debarment income consumers.5 An ETC may letter or its publication in the Federal authority pursuant to 47 CFR 54.8 and receive reimbursement in connection with the Lifeline program only if it Register, whichever comes first.13 0.111(a)(14). Mr. Perez-Zumaeta’s conviction for money laundering in certifies as part of its reimbursement In accordance with the Commission’s violation of 18 U.S.C. 1957(a) and 18 request that it is in compliance with the suspension and debarment rules, you U.S.C. 2, in connection with fraudulent Lifeline rules.6 may contest this suspension or its scope claims against the Lifeline program, You owned and managed PSPS Sales by filing arguments, with any relevant requires the Bureau to suspend him LLC (PSPS), a California entity that documents, within thirty (30) calendar from participating in activities recruited low-income individuals to days of your receipt of this letter or its associated with the Lifeline program. apply for Lifeline telephone service publication in the Federal Register, Attached is the notice of suspension and whichever comes first.14 Such requests, initiation of debarment proceeding 1 Any further reference in this letter to ‘‘your however, will not ordinarily be conviction’’ refers to your guilty plea and granted.15 The Bureau may reverse or (Notice of Suspension), DA 15–669, subsequent sentencing in United States v. Perez- which was mailed to Mr. Perez-Zumaeta Zumaeta, Criminal Docket No. 5:14–cr–00165–D–1, limit the scope of a suspension only and released on June 8, 2015. The Plea Agreement (W.D. Okla. filed Nov. 07, 2014) upon a finding of extraordinary complete text of the Notice of (Plea Agreement). See also Lifeline & Link Up circumstances.16 The Bureau will Reform & Modernization, WC Docket No. 11–42, CC decide any request to reverse or modify Suspension is available for public Docket No. 96–45, WC Docket No. 03–109, Report inspection and copying during regular and Order and Further Notice of Proposed a suspension within ninety (90) business hours at the FCC Reference Rulemaking, 27 FCC Rcd 6656 (2012) (Lifeline Information Center, Portal II, 445 12th Reform Order). 7 United States v. Perez-Zumaeta, Criminal 2 47 CFR 54.8. Street SW., Room CY–A257, Docket No. 5:14–cr–00165–D–1, Indictment at 1–2 3 Id.; 47 CFR 0.111 (delegating to the Bureau (W.D. Okla. filed June 03, 2014) (Indictment). Washington, DC 20554. In addition, the authority to resolve universal service suspension 8 United States v. Icon Telecom, Inc., Criminal complete text is available on the FCC’s and debarment proceedings). In 2007, the Docket No. 5:14–cr–00170–D, Plea Agreement (W.D. Web site at http://www.fcc.gov. Commission extended the debarment rules to apply Okla. filed June 12, 2014). to all federal universal service support mechanisms, 9 Indictment at 8–10. Federal Communications Commission. including Lifeline. See Comprehensive Review of 10 Plea Agreement at 2; Indictment at 16–17; see Jeffrey J. Gee, the Universal Serv. Fund Mgmt., Admin., & also United States Attorney’s Office, western Oversight, Report and Order, 22 FCC Rcd 16372, Chief, Investigations and Hearings Division, 16410–12 (2007) (Program Management Order) District of oklahoma, Press Release, Final Defendant Enforcement Bureau. (renumbering section 54.521 of the universal Sentenced to Serve 42 Months in Prison for Money Laundering in Connection with Federal Wireless June 08, 2015 service debarment rules as section 54.8 and amending subsections (a)(1), (a)(5), (c), (d), (e)(2)(i), Telephone Program Subsidies, Apr. 23, 2015, DA 15–669 available at http://www.justice.gov/usao-wdok/pr/ (e)(3), (e)(4), and (g)). srobinson on DSK5SPTVN1PROD with NOTICES 4 Program Management Order, 22 FCC Rcd at final-defendant-sentenced-serve-42-months-prison- SENT VIA CERTIFIED MAIL, money-laundering-connection-federal. 16387, para. 32. The Commission’s debarment rules RETURN RECEIPT REQUESTED define a ‘‘person’’ as ‘‘[a]ny individual, group of 11 47 CFR 54.8(a)(4); see Program Management individuals, corporation, partnership, association, Order, 22 FCC Rcd at 16387, para. 32. Mr. Oscar Enrique Perez-Zumaeta, c/o 12 47 CFR 54.8(a)(1), (d). unit of government or legal entity, however William P. Earley, Federal Public organized.’’ 47 CFR 54.8(a)(6). 13 Id. § 54.8(e)(1). Defender-OKC, 215 Dean A McGee 5 See Lifeline Reform Order, 27 FCC Rcd at 6662– 14 Id. § 54.8(e)(4). Ave., Suite 109, Oklahoma City, OK 67, paras. 11–18; see also 47 CFR 54.400–54.422. 15 Id. 73102 6 See 47 CFR 54.407(d). 16 Id. § 54.8(f). VerDate Sep<11>2014 17:10 Jul 08, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\09JYN1.SGM 09JYN1

39432 Federal Register / Vol. 80, No. 131 / Thursday, July 9, 2015 / Notices calendar days of its receipt of such Communications Commission, 445 12th Office, Western District of request.17 Street SW., Room TW–A325, Oklahoma (via email) I. Initiation of Debarment Proceedings Washington, DC 20554 and to the [FR Doc. 2015–16778 Filed 7–8–15; 8:45 am] attention of Celia Lewis, Paralegal BILLING CODE 6712–01–P In addition to your immediate Specialist, Investigations and Hearings suspension from the Lifeline program, Division, Enforcement Bureau, Room 4– your conviction is cause for debarment A422, Federal Communications FEDERAL ELECTION COMMISSION as defined in section 54.8(c) of the Commission, 445 12th Street SW., Commission’s rules.18 Therefore, Sunshine Act Meeting pursuant to section 54.8(b) of the Washington, DC 20554 with a copy to Commission’s rules, your conviction Kalun Lee, Deputy Chief, Investigations AGENCY: Federal Election Commission. requires the Bureau to commence and Hearings Division, Enforcement DATE AND TIME: Tuesday, July 14, 2015 debarment proceedings against you.19 Bureau, Room 4–C237, Federal at 10:00 a.m. and Thursday, July 16, As with the suspension process, you Communications Commission, 445 12th 2015 at the conclusion of the open may contest the proposed debarment or Street SW., Washington, DC 20554. All meeting. its scope by filing arguments and any messenger or hand delivery filings must PLACE: 999 E Street NW., Washington, relevant documentation within thirty be submitted without envelopes.25 If DC. (30) calendar days of receipt of this sent by commercial overnight mail letter or its publication in the Federal STATUS: This meeting will be closed to (other than U.S. Postal Service (USPS) Register, whichever comes first.20 The Express Mail and Priority Mail), the the public. Bureau, in the absence of extraordinary response must be sent to the Federal ITEMS TO BE DISCUSSED: circumstances, will notify you of its Communications Commission, 9300 Compliance matters pursuant to 52 decision to debar within ninety (90) East Hampton Drive, Capitol Heights, U.S.C. 30109. calendar days of receiving any Maryland 20743. If sent by USPS First Internal personnel rules and internal information you may have filed.21 If the Class, Express Mail, or Priority Mail, the rules and practices. Bureau decides to debar you, its Information the premature disclosure response should be addressed to Celia decision will become effective upon of which would be likely to have a Lewis, Paralegal Specialist, either your receipt of a debarment considerable adverse effect on the Investigations and Hearings Division, implementation of a proposed notice or publication of the decision in Enforcement Bureau, Federal the Federal Register, whichever comes Commission action. Communications Commission, 445 12th Matters concerning participation in first.22 If and when your debarment becomes Street SW., Room 4–A422, Washington, civil actions or proceedings or effective, you will be prohibited from DC 20554, with a copy to Kalun Lee, arbitration. participating in activities associated Deputy Chief, Investigations and * * * * * with or related to the Lifeline program Hearings Division, Enforcement Bureau, PERSON TO CONTACT FOR INFORMATION: for three years from the date of Federal Communications Commission, Judith Ingram, Press Officer, Telephone: debarment.23 The Bureau may set a 445 12th Street SW., Room 4–C237, (202) 694–1220. longer debarment period or extend an Washington, DC 20554. You shall also existing debarment period if necessary transmit a copy of your response via Shelley E. Garr, to protect the public interest.24 email to Celia Lewis, Celia.Lewis@ Deputy Secretary of the Commission. Please direct any response, if sent by fcc.gov, and Kalun Lee, Kalun.Lee@ [FR Doc. 2015–16917 Filed 7–7–15; 4:15 pm] messenger or hand delivery, to Marlene fcc.gov. BILLING CODE 6715–01–P H. Dortch, Secretary, Federal If you have any questions, please 17 Id. contact Ms. Lewis via U.S. postal mail, §§ 54.8(e)(5), (f). FEDERAL LABOR RELATIONS 18 ‘‘Causes email, or by telephone at (202) 418– for suspension and debarment are conviction of or civil judgment for attempt or 7456. If Ms. Lewis is unavailable, you AUTHORITY commission of criminal fraud, theft, embezzlement, may contact Kalun Lee, Deputy Chief, forgery, bribery, falsification or destruction of Investigations and Hearings Division, by Senior Executive Service Performance records, making false statements, receiving stolen telephone at (202) 418–0796 or at the Review Board property, making false claims, obstruction of justice and other fraud or criminal offense arising out of email address noted above. AGENCY: Federal Labor Relations activities associated with or related to the schools Authority. and libraries support mechanism, the high-cost Sincerely yours, support mechanism, the rural health care support Jeffrey J. Gee ACTION: Notice. mechanism, and the low-income support Chief mechanism.’’ 47 CFR 54.8(c). Associated activities SUMMARY: The Federal Labor Relations Investigations and Hearings Division ‘‘include the receipt of funds or discounted services Authority (FLRA) publishes the names through [the federal universal service] support Enforcement Bureau of the persons selected to serve on its mechanisms, or consulting with, assisting, or advising applicants or service providers regarding cc: Johnnay Schrieber, Universal SES Performance Review Board (PRB). [the federal universal service] support Service Administrative Company This notice supersedes all previous mechanisms.’’ Id. § 54.8(a)(1). (via email); Rashann Duvall, notices of the PRB membership. 19 Id. § 54.8(b). Universal Service Administrative DATES: Upon publication. 20 Id. § 54.8(e)(3). Company (via email); Chris M. ADDRESSES: Written comments about srobinson on DSK5SPTVN1PROD with NOTICES 21 Id. § 54.8(e)(5). 22 Id. The Commission may reverse a debarment, Stevens, United States Attorney’s this final rule can be emailed to or may limit the scope or period of debarment, Office, Western District of engagetheFLRA@flra.gov or sent to the upon a finding of extraordinary circumstances, Oklahoma (via email); Scott E. Case Intake and Publication Office, following the filing of a petition by you or an interested party or upon motion by the Williams, United States Attorney’s Federal Labor Relations Authority, 1400 Commission. Id. § 54.8(f). K Street NW., Washington, DC 20424. 23 Id. § 54.8(d), (g). 25 See FCC Public Notice, DA 09–2529 for further All written comments will be available 24 Id. § 54.8(g). filing instructions (rel. Dec. 3, 2009). for public inspection during normal VerDate Sep<11>2014 17:10 Jul 08, 2015 Jkt 235001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\09JYN1.SGM 09JYN1


Document Created: 2018-02-23 09:14:06
Document Modified: 2018-02-23 09:14:06
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 July 9, 2015, whichever comes first. The Bureau will decide any opposition within 90 days of its receipt.
ContactMs. 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 telephone 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 or email at [email protected]
FR Citation80 FR 39430 
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