80 FR 69966 - Notice of Debarment; Federal Lifeline Universal Service Support Mechanism

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 218 (November 12, 2015)

The Enforcement Bureau (Bureau) gives notice of Icon Telecom, Inc.'s (Icon) debarment from the federal Lifeline universal service support mechanism (Lifeline program) for a period of three years. During this debarment period, Icon is prohibited from participating in activities associated with or related to the Lifeline program, including the receipt of funds or discounted services through the Lifeline program, or consulting with, assisting, or advising applicants or service providers regarding the Lifeline program.

[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Notices]
[Pages 69966-69967]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28736]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 15-1160]


Notice of Debarment; Federal Lifeline Universal Service Support 
Mechanism

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (Bureau) gives notice of Icon Telecom, 
Inc.'s (Icon) debarment from the federal Lifeline universal service 
support mechanism (Lifeline program) for a period of three years. 
During this debarment period, Icon is prohibited from participating in 
activities associated with or related to the Lifeline program, 
including the receipt of funds or discounted services through the 
Lifeline program, or consulting with, assisting, or advising applicants 
or service providers regarding the Lifeline program.

DATES: Debarment commences on the date Icon receives the debarment 
letter or November 12, 2015, whichever comes first, for a period of 
three years.

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 debars Icon for a period of three 
years pursuant to 47 CFR 54.8 and 0.111(a)(14). Icon's conviction for 
making a false statement in violation of 18 U.S.C. 1002(a)(2), in 
connection with fraudulent claims against the Lifeline program is the 
basis for this debarment. Attached is the Notice of Debarment, DA 15-
1160, which was mailed to Icon and released on October 13, 2015. The 
complete text of the Notice of Debarment 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.

October 13, 2015

DA 15-1160

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

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

Re: Notice of Debarment, File No. EB-IHD-15-00019108

Dear Mr. Chew:

    The Federal Communications Commission (Commission) hereby notifies 
Icon Telecom, Inc. (Icon) that, pursuant to section 54.8 of the 
Commission's rules, Icon is prohibited from participating in activities 
associated with or related to the federal low-income support mechanism 
(Lifeline program) for three years from either the date of Icon's 
receipt of this Notice of Debarment or of its publication in the 
Federal Register, whichever comes first (Debarment Date).\1\
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    \1\ 47 CFR 54.8 (e) and (g); 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 the Lifeline program. 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 
paragraphs (a)(1), (a)(5), (c), (d), (e)(2)(i), (e)(3), (e)(4), and 
(g)).
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    On May 26, 2015, the Commission's Enforcement Bureau (Bureau) sent 
Icon a notice of suspension and initiation of debarment proceeding 
(Notice of Suspension) that was published in the Federal Register on 
July 9, 2015.\2\ The Notice of Suspension suspended Icon 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.\3\ It also described the basis for initiating the debarment 
proceeding against Icon, the applicable debarment procedures, and the 
effect of debarment.
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    \2\ Letter from Jeffrey J. Gee, Chief, Investigations and 
Hearings Division, FCC Enforcement Bureau, to Wes Yui Chew, 
President, Icon Telecom, Inc., notice of suspension and initiation 
of debarment proceeding, 30 FCC Rcd 4993 (Enf. Bur. 2015); 80 FR 
39429-01 (July 9, 2015).
    \3\ 47 CFR 54.8(a)(1) and (d).
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    As discussed in the Notice of Suspension, on June 12, 2014, Icon 
was convicted of making a false statement in violation of 18 U.S.C. 
1002(a)(2), in connection with fraudulent claims against the federal 
Lifeline telephone program (Lifeline program).\4\ Icon participated in 
the Lifeline program from July 2011 until September 2013.\5\ 
Specifically, Icon pled guilty to knowingly making a false statement to 
the Universal Service Administrative Company \6\ through its submission 
of 58 fabricated customer recertification forms, which included 
fictitious signatures, in response to an audit request.\7\ Pursuant to 
section 54.8(c) of the Commission's rules, Icon's conviction of 
criminal conduct in connection with the Lifeline program is the basis 
for this debarment.\8\
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    \4\ Any further reference in this letter to ``your conviction'' 
refers to your guilty plea and subsequent sentencing in United 
States v. Icon Telecom, 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).
    \5\ United States v. Icon Telecom, Criminal Docket No. 5:14-cr-
00170-D, Information at 4 (W.D. Okla. filed June 3, 2014) 
(Information).
    \6\ The Universal Service Administrative Company (USAC) is an 
independent, not-for-profit corporation designated by the Commission 
as the administrator of the Lifeline program. See About USAC, http://www.usac.org/about/.
    \7\ Information at 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.
    \8\ 47 CFR 54.8(c).
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    In accordance with the Commission's debarment rules, Icon was 
required to file with the Commission any opposition to the suspension 
or its scope, or to the proposed debarment or its scope, no later than 
30 calendar days from either the date of Icon's receipt of the Notice 
of Suspension or of its publication in the Federal Register, whichever 
date occurred first.\9\ The Commission received no opposition from 
Icon.\10\
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    \9\ Id. Sec.  54.8 (e)(3) through (4). Any opposition had to be 
filed no later than July 15, 2015.
    \10\ On May 27, 2015, Icon responded to the Notice of Suspension 
stating that it had relinquished its eligible telecommunications 
carrier (ETC) designation in September of 2013. See Email from 
George M. Makohin, Counsel for Icon Telecom, Inc., to Celia Lewis, 
Paralegal Specialist, Investigations and Hearings Division, FCC 
Enforcement Bureau (May 27, 2015, 16:32 EDT). Icon did not oppose 
its suspension from the Lifeline program or the Commission's 
debarment proceeding against the company. Id.

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[[Page 69967]]

    For the foregoing reasons, Icon is debarred from involvement with 
the Lifeline program for three years from the Debarment Date.\11\ 
During this debarment period, Icon is excluded from participating in 
any activities associated with or related to the Lifeline program, 
including the receipt of funds or discounted services through the 
Lifeline program, or consulting with, assisting, or advising applicants 
or service providers regarding the Lifeline program.\12\
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    \11\ 47 CFR 54.8(g).
    \12\ 47 CFR 54.8(a)(1), (d), and (g).

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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. 2015-28736 Filed 11-10-15; 8:45 am]
 BILLING CODE 6712-01-P