Notices. Notice

2,832 words·~13 min read·/register/2006/03/22/06-2826

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BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority March 13, 2006. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, Public Law 104-13.

An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act

(PRA)that does not display a valid control number. Comments are requested concerning

(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;

(b)the accuracy of the Commission's burden estimate;

(c)ways to enhance the quality, utility, and clarity of the information collected; and

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Persons wishing to comment on this information collection should submit comments May 22, 2006. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit your Paperwork Reduction Act

(PRA)comments by e-mail or U.S. postal mail. To submit your comments by e-mail send them to: *PRA@fcc.gov.* To submit your comments by U.S. mail, mark it to the attention of Leslie F. Smith, Federal Communications Commission, 445 12th Street, SW., Room 1-A804, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s) send an e-mail to *PRA@fcc.gov* or contact Leslie F. Smith at

(202)418-0217. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0737. *Title:* Disclosure Requirements for Information Services Provided under a Pre-subscription or Comparable Arrangement. *Form Number:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business and other for-profit entities. *Number of Respondents:* 1,000. *Estimated Time per Response:* 5 hours. *Frequency of Response:* On occasion reporting requirements; Third party disclosure. *Total Annual Burden:* 5,000 hours. *Total Annual Costs:* None. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* 47 CFR 64.1501(b) imposes disclosure requirements on information providers that offer “presubscribed” information services. The requirements are intended to ensure that consumers receive information regarding the terms and conditions associated with these services before they enter into a contract to subscribe to them. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6-4140 Filed 3-21-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [DA 06-489] Notice of Debarment; Schools and Libraries Universal Service Support Mechanism AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: The Federal Communications Commission (“FCC” or “Commission”) has received notice of the conviction of Premio, Inc., f/k/a Premio Computers, Inc. (“Premio”) for conspiracy to suppress and eliminate competition in violation of the Sherman Antitrust Act, 15 U.S.C. 1, and for mail fraud and aiding and abetting in violation of 18 U.S.C. 1341 and 2. Consequently, pursuant to 47 CFR 54.521, this letter constitutes official notice of Premio's suspension from the schools and libraries universal service support mechanism (“E-rate program”). In addition, the Enforcement Bureau (“Bureau”) hereby notifies Premio that we are commencing debarment proceedings against it. DATES: Within 90 days of receipt of any opposition to Premio's suspension and proposed debarment, the Bureau, in the absence of extraordinary circumstances, will provide Premio with notice of its decision to debar. If the Bureau decides to debar Premio, its decision will become effective upon the earlier of Premio's receipt of a debarment notice or publication of the decision in the **Federal Register** . March 22, 2006, Premio's request must be received within 30 days after it receives this letter or after notice is published in the **Federal Register** , whichever comes first. FOR FURTHER INFORMATION CONTACT: Diana Lee, Federal Communications Commission, Enforcement Bureau, Investigations and Hearings Division, Room 4-C330, 445 12th Street, SW., Washington, DC 20554. Diana Lee may be contacted by phone at

(202)418-0843 or e-mail at *diana.lee@fcc.gov.* If Ms. Lee is unavailable, you may contact Eric Bash by phone at

(202)418-1188 or e-mail at *eric.bash@fcc.gov.* SUPPLEMENTARY INFORMATION: These actions constitute the conduct or transactions upon which this debarment proceeding is based. Moreover, Premio's conviction on the basis of these acts falls within the categories of causes for debarment defined in section 54.521(c) of the Commission's rules. Therefore, pursuant to § 54.521(a)(4) of the Commission's rules, Premio's conviction requires the Bureau to commence debarment proceedings against it. The complete text of the suspension letter is available for public inspections 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.* The text may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone

(202)488-5300 or

(800)378-3160, facsimile

(202)488-5563, or via e-mail *http://www.bcpiweb.com.* Federal Communications Commission. William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau. The notice of suspension and of proposed debarment letter follows: February 28, 2006. [DA 06-489] Via Certified Mail Return Receipt Requested Mr. Tom Tsao, Vice President, Premio, Inc., 918 Radecki Court, City of Industry, CA 91748. Re: Notice of Suspension and of Proposed Debarment, File No. EB-06-IH-0853 Dear Mr. Tsao: The Federal Communications Commission (“FCC” or “Commission”) has received notice of the conviction of Premio, Inc., f/k/a Premio Computers, Inc. (“Premio”) for conspiracy to suppress and eliminate competition in violation of the Sherman Antitrust Act, 15 U.S.C. 1, and for mail fraud and aiding and abetting in violation of 18 U.S.C. 1341 and 2. 1 Consequently, pursuant to 47 CFR 54.521, this letter constitutes official notice of Premio's suspension from the schools and libraries universal service support mechanism (“E-rate program”). In addition, the Enforcement Bureau (“Bureau”) hereby notifies Premio that we are commencing debarment proceedings against it. 2 1 Any further reference in this letter to “your conviction” refers to Premio's February 22, 2006 guilty plea and conviction of these counts. *United States* v. *Premio, Inc.,* Criminal Docket No. 3:06-CR-06-0086 MMC, Plea Agreement (N.D.Cal. filed Feb. 22, 2006) (“ *Premio Plea Agreement* ”). The Order accepting this plea agreement was signed by the Court on February 22, 2006 and entered on February 23, 2006, and the Plea Agreement was entered on February 24, 2006. 2 47 CFR 54.521; 47 CFR 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 CFR 54.521). Notice of Suspension Pursuant to section 54.521(a)(4) of the Commission's rules, 3 Premio's conviction requires the Bureau to suspend it from participating in any activities associated with or related to the schools and libraries fund mechanism, including the receipt of funds or discounted services through the schools and libraries fund mechanism, or consulting with, assisting, or advising applicants or service providers regarding the schools and libraries support mechanism. 4 Premio's suspension becomes effective upon the earlier of its receipt of this letter or publication of notice in the **Federal Register.** 5 3 47 CFR 54.521(a)(4). *See Schools and Libraries Universal Service Support Mechanism,* Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, ¶¶ 67-74

(2003)(“ *Second Report and Order* ”). 4 *Second Report and Order,* 18 FCC Rcd at 9225, ¶ 67; 47 U.S.C. 254; 47 CFR 54.502-54.503; 47 CFR 54.521(a)(4). 5 *Second Report and Order,* 18 FCC Rcd at 9226, ¶ 69; 47 CFR 54.521(e)(1) . Suspension is immediate pending the Bureau's final debarment determination. Premio may contest this suspension or the scope of this suspension by filing arguments in opposition to the suspension, with any relevant documentation. Premio's request must be received within 30 days after it receives this letter or after notice is published in the **Federal Register** , whichever comes first. 6 Such requests, however, will not ordinarily be granted. 7 The Bureau may reverse or limit the scope of suspension only upon a finding of extraordinary circumstances. 8 Absent extraordinary circumstances, the Bureau will decide any request for reversal or modification of suspension within 90 days of its receipt of such request. 9 6 *Second Report and Order,* 18 FCC Rcd at 9226, ¶ 70; 47 CFR 54.521(e)(4). 7 *Second Report and Order,* 18 FCC Rcd at 9226, ¶ 70. 8 47 CFR 54.521(e)(5). 9 See Second Report and Order, 18 FCC Rcd at 9226, ¶ 70; 47 CFR 54.521(e)(5), 54.521(f). I. Notice of Proposed Debarment A. Reasons for and Cause of Debarment The Commission has established procedures to prevent persons who have “defrauded the government or engaged in similar acts through activities associated with or related to the schools and libraries support mechanism” from receiving the benefits associated with that program. 10 Premio pled guilty to antitrust, mail fraud and aiding and abetting charges for activities in connection with its participation in the E-rate program with two school districts in California. 10 Second Report and Order, 18 FCC Rcd at 9225, ¶ 66. 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 54.521(a)(6). In connection with the antitrust crime charged against Premio, the company admitted that it conspired with one or more vendors of equipment and services related to telecommunications, Internet access and/or internal connections to suppress and eliminate competition for E-rate projects in the West Fresno Elementary School District by allocating contracts and submitting fraudulent and non-competitive bids. More specifically, the company discussed prospective bids for the E-rate project with its co-conspirators, agreed with them who would serve as lead contractor and subcontractor on the project, and worked with consultants who awarded, or influenced the award of, contracts to the conspirators, and disqualified bids from non-conspirators. 11 In connection with the mail fraud charged against Premio, the company admitted that it sought payment of more than $1 million in E-rate funding for telecommunications servers and related installation and maintenance it was purportedly going to provide to the Highland Park School District in California, when in fact it actually delivered ineligible video conferencing equipment. 12 11 *See Premio Plea Agreement* at 5. 12 *See Premio Plea Agreement* at 5-7. These actions constitute the conduct or transactions upon which this debarment proceeding is based. 13 Moreover, Premio's conviction on the basis of these acts falls within the categories of causes for debarment defined in section 54.521(c) of the Commission's rules. 14 Therefore, pursuant to section 54.521(a)(4) of the Commission's rules, Premio's conviction requires the Bureau to commence debarment proceedings against it. 13 *Second Report and Order,* 18 FCC Rcd at 9226, ¶ 70; 47 CFR 54.521(e)(2)(i). 14 “Causes for suspension and debarment are the 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.” 47 CFR 54.521(c). Such activities “include the receipt of funds or discounted services through the schools and libraries support mechanism, or consulting with, assisting, or advising applicants or service providers regarding schools and libraries support mechanism described in this section ([47 CFR] § 54.500 *et seq.* ).” 47 CFR 54.521(a)(1). B. Debarment Procedures Premio may contest debarment or the scope of the proposed debarment by filing arguments and any relevant documentation within 30 calendar days of the earlier of the receipt of this letter or of publication in the **Federal Register** . 15 Absent extraordinary circumstances, the Bureau will debar Premio. 16 Within 90 days of receipt of any opposition to Premio's suspension and proposed debarment, the Bureau, in the absence of extraordinary circumstances, will provide Premio with notice of its decision to debar. 17 If the Bureau decides to debar Premio, its decision will become effective upon the earlier of Premio's receipt of a debarment notice or publication of the decision in the **Federal Register** . 18 15 *See Second Report and Order,* 18 FCC Rcd at 9226, ¶ 70; 47 CFR 54.521(e)(2)(i), 54.521(e)(3). 16 Second Report and Order, 18 FCC Rcd at 9227, ¶ 74. 17 See id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR 54.521(e)(5). 18 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. 47 CFR 54.521(f). C. Effect of Debarment If and when Premio's debarment becomes effective, it will be prohibited from participating in activities associated with or related to the schools and libraries support mechanism for some period of time. 19 19 Second Report and Order, 18 FCC Rcd at 9225, ¶ 67; 47 CFR 54.521(d), 54.521(g). Please direct any responses to the following address: Diana Lee, Federal Communications Commission, Enforcement Bureau, Investigations and Hearings Division, Room 4-C443, 445 12th Street, SW., Washington, DC 20554. If Premio submits its response via hand-delivery or non-United States Postal Service delivery (e.g., Federal Express, DHL, etc.), please send the response to Ms. Lee at the following address: Federal Communications Commission, 9300 East Hampton Drive, Capitol Heights, MD 20743. If Premio has any questions, please contact Ms. Lee via mail, by telephone at

(202)418-1420 or by e-mail at *diana.lee@fcc.gov.* If Ms. Lee is unavailable, you may contact Eric Bash by telephone at

(202)418-1188 and by e-mail at *eric.bash@fcc.gov.* Sincerely yours, William H. Davenport, *Chief, Investigations and Hearings Division, Enforcement Bureau.* cc: Paul J. Loh, Esq., Willenken Wilson Loh & Lieb, LLP. Michael F. Wood, Esq., United States Department of Justice, Antitrust Division. Sara Winslow, Esq., Assistant United States Attorney. Alicia Bentley, Esq., United States Department of Justice, Civil Division. Kristy Carroll, Esq., USAC. [FR Doc. E6-4138 Filed 3-21-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Sunshine Act Meeting; Open Commission Meeting Friday, March 17, 2006 March 10, 2006. The Federal Communications Commission will hold an open meeting on the subjects listed below on Friday, March 17, 2006, which is scheduled to commence at 9:30 a.m. in Room TW-C305, at 445 12th Street, SW., Washington, DC. Item No. Bureau Subject 1 Media *Title:* Children's Television Obligations of Digital Television Broadcasters (MM Docket No. 00-167). *Summary:* The Commission will consider a Second Further Notice of Proposed Rulemaking concerning the Joint Proposal of Industry and Advocates on Reconsideration of Children's Television Rules. 2 Wireless Telecommunications *Title:* The Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communications Requirements Through the Year 2010 (WT Docket No. 96-86). *Summary:* The Commission will consider an Eighth Notice of Proposed Rulemaking seeking comment on public safety communications needs in the 700 MHz band (746-776 MHz and 794-806 MHz). 3 Office of Managing Director *Title:* Establishment of the Public Safety and Homeland Security Bureau. *Summary:* The Commission will consider an Order creating a Public Safety and Homeland Security Bureau and amending the rules to reflect the function of this Bureau. Open captioning will be provided for this event. Other reasonable accommodations for people with disabilities are available upon request. Include a description of the accommodation you will need including as much detail as you can. Also include a way we can contact you if we need more information. Make your request as early as possible; please allow at least 5 days advance notice. Last minute requests will be accepted, but may be impossible to fill. Send an e-mail to: *fcc504@fcc.gov* or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). Additional information concerning this meeting may be obtained from Audrey Spivack or David Fiske, Office of Media Relations,

(202)418-0500; TTY 1-888-835-5322. Audio/Video coverage of the meeting will be broadcast live with open captioning over the Internet from the FCC's Audio/Video Events Web page at *http://www.fcc.gov/realaudio.* For a fee this meeting can be viewed live over George Mason University's Capitol Connection. The Capitol Connection also will carry the meeting live via the Internet. To purchase these services call

(703)993-3100 or go to *http://www.capitolconnection.gmu.edu.* Copies of materials adopted at this meeting can be purchased from the FCC's duplicating contractor, Best Copy and Printing, Inc.

(202)488-5300; Fax

(202)488-5563; TTY

(202)488-5562. These copies are available in paper format and alternative media, including large print/type; digital disk; and audio and video tape. Best Copy and Printing, Inc. may be reached by e-mail at *FCC@BCPIWEB.com.* Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 06-2826 Filed 3-20-06; 1:50 pm]

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Traces to 3 documents

U.S. Code

15 references not yet in our index

Pub. L. 104-13
47 CFR 64.1501(b)
47 CFR 54.521
47 CFR 0.111(a)(14)
47 CFR 54.521(a)(4)
47 CFR 54.502-54
47 CFR 54.521(e)(1)
47 CFR 54.521(e)(4)
47 CFR 54.521(e)(5)
47 CFR 54.521(a)(6)
47 CFR 54.521(e)(2)(i)
47 CFR 54.521(c)
47 CFR 54.521(a)(1)
47 CFR 54.521(f)
47 CFR 54.521(d)

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Notices

Notice

U.S.C.§ 1

U.S.C.§ 1341

U.S.C.§ 254

Pub. L.Pub. L. 104-13

Cite47 CFR 64.1501(b)

Cite47 CFR 54.521

Cite47 CFR 0.111(a)(14)

Cite47 CFR 54.521(a)(4)

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