Notices. Notice

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BILLING CODE 6570-06-M FEDERAL COMMUNICATIONS COMMISSION Public Information Collection(s) Requirement Submitted to OMB for Emergency Review and Approval May 2, 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: Written Paperwork Reduction Act

(PRA)comments should be submitted on or before June 9, 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 contacts listed below as soon as possible. ADDRESSES: Direct all PRA comments to Kristy L. LaLonde, Office of Management and Budget, Room 10234 NEOB, Washington, DC 20503,

(202)395-3087, or via fax at 202-395-5167 or via internet at *Kristy_L._LaLonde@omb.eop.gov* . and to Judith B. Herman, Federal Communications Commission, Room 1-C804, 445 12th Street, SW., DC 20554 or an e-mail to *PRA@fcc.gov* . If you would like to obtain or view a copy of this information collection, you may do so by visiting the FCC PRA Web page at: *http://www.fcc.gov/omd/pra* . FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), contact Judith B. Herman at 202-418-0214 or via the Internet at *JudithB.Herman@fcc.gov.* SUPPLEMENTARY INFORMATION: The Commission is requesting emergency OMB processing of this revised information collection and has requested OMB approval by May 16, 2006. *OMB Control Number:* 3060-0600. *Title:* Application to Participate in an FCC Auction. *Form No.:* FCC Form 175. *Type of Review:* Revision of a currently approved collection. *Respondents:* Business or other for-profit, not-for-profit institutions, state, local and tribal government. *Number of Respondents:* 560. *Estimated Time Per Response:* .25—1.5 hours. *Frequency of Response:* On occasion reporting requirement. *Total Annual Burden:* 765 hours. *Total Annual Cost:* N/A. *Privacy Act Impact Assessment:* N/A. *Needs and Uses:* The Commission is seeking emergency processing of this revised information collection by May 16, 2006. On April 25, 2006, the Commission adopted and released a *Second Report and Order and Second Further Notice of Proposed Rulemaking* in FCC 06-52, WT Docket No. 05-211. This rulemaking will become effective thirty days after publication in the **Federal Register** . The Commission adopted this rulemaking governing whether applicants to participate in Commission auctions are eligible to receive designated entity

(DE)benefits. Applicants to participate in the auction that claim to qualify as designated entities must so certify on FCC Form 175, the short-form application to participate in the auction. In order to allow time for the Commission to review and process their FCC Form 175, as well as to allow applicants time to correct and supplement FCC Form 175 as necessary, parties seeking to participate in the AWS 1 auction must file the form by May 10. Given that designated entity applicants will have filed FCC Form 175 prior to the effective date of any designated entity rule changes adopted pursuant to the *Second Report and Order,* the Commission will require each such applicant to amend its FCC Form 175 on or after the effective date of the rule changes with a statement declaring, under penalty of perjury, that the applicant is qualified as a designated entity pursuant to § 1.2110 of the Commission's rules effective as of the date of the statement. Therefore, this information collection is being modified by requiring a one-time additional declaration from a limited number of respondents. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6-7037 Filed 5-9-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget May 2, 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

(PRA)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

(PRA)comments should be submitted on or before June 9, 2006. If you anticipate that you will be submitting PRA 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: Direct all Paperwork Reduction Act

(PRA)comments to Judith B. Herman, Federal Communications Commission, Room 1-C804, 445 12th Street, SW., Washington, DC 20554 or an e-mail to *PRA@fcc.gov.* If you would like to obtain or view a copy of this information collection, you may do so by visiting the FCC PRA Web page at: *http://www.fcc.gov/omd/pra* . FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), contact Judith B. Herman at 202-418-0214 or via the Internet at *Judith-B.Herman@fcc.gov.* SUPPLEMENTARY INFORMATION: *OMB Control No.:* 3060-0979. *Title:* Spectrum Audit Letter. *Form No.:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Individuals or households; business or other for-profit; not-for-profit institutions and state, local or tribal government. *Number of Respondents:* 310,000. *Estimated Time Per Response:* .5 hours. *Frequency of Response:* One-time reporting requirement. *Total Annual Burden:* 155,000 hours. *Total Annual Cost:* N/A. *Privacy Act Impact Assessment:* Yes. *Needs and Uses:* The Commission is submitting this information collection to OMB as an extension (no change in reporting requirements) in order to obtain the full three-year clearance from them. The Commission conducts an audit of the construction and/or operational status of various wireless radio stations in its licensing database that are subject to rule-based construction and operational requirements. The Commission's rules for these wireless services require construction within a specified time frame and require a station to remain operational in order for the license to remain valid. The Commission uses this information to ensure that licensees' stations are constructed and currently operating in accordance with the parameters of the current FCC authorization and rules. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6-7138 Filed 5-9-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [CG Docket No. 03-123; DA 06-970] National Exchange Carrier Association Submits the Payment Formula and Fund Size Estimate for Interstate Telecommunications Relay Services Fund for the July 2006 Through June 2007 Fund Year AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: In this document, the Commission seeks comment on the National Exchange Carrier Association (NECA), the Interstate Telecommunications Relay Service

(TRS)Fund Administrator, annual payment formula and fund size estimate for the Interstate TRS Fund. DATES: Comments are due on or before May 17, 2006. Reply comments are due on or before May 24, 2006. ADDRESSES: You may submit comments, identified by [CG Docket No. 03-123], by any of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the instructions for submitting comments. • Federal Communications Commission's Web Site: *http://www.fcc.gov/cgb/ecfs/* . Follow the instructions for submitting comments. • Parties who choose to file by paper should also submit their comments on diskette. These diskettes should be submitted, along with three paper copies, to: Dana Jackson, Consumer & Governmental Affairs Bureau, Disability Rights Office, 445 12th Street, SW., Room 3-C418, Washington, DC 20554. Such submission should be on a 3.5 inch diskette formatted in an IBM compatible format using Word 97 or a compatible software. The diskette should be accompanied by a cover letter and should be submitted in “read only” mode. The diskette should be clearly labeled with the filers name, proceeding (including the lead docket number in the case (CG Docket No. 03-123), type of pleading (comment or reply comment), date of submission, and the name of the electronic file on the diskette. The label should also include the following phrase “Disk Copy—Not an Original.” Each diskette should contain only one party's pleadings, preferably in a single electronic file. In addition, comments must send diskette copies to the Commission's duplicating contractor at Portals II, 445 12th Street, SW., Room CY-CB402, Washington, DC, 20554. • A copy of this document, NECA's submission and any subsequently file documents in this matter will be available during regular business hours at the FCC Reference Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554,

(202)418-0270. This document, NECA's submission and any subsequently filed documents in this matter may also be purchased from the Commission's duplicating contractor at their Web site, *http://www.bcpiweb.com* , or call 1-800-378-3160. A Copy of the submission may also be found by searching on the Commission's Electronic Comment Filing System

(ECFS)at *http://www.fcc.gov.cgb/ecfs* (insert CG Docket No. 03-123 into the Proceeding block). • People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: *FCC504@fcc.gov* or phone

(202)418-0539 or TTY:

(202)418-0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Thomas Chandler, Consumer & Governmental Affairs Bureau, Disability Rights Office at

(202)418-1475 (voice),

(202)418-0597 (TTY), or e-mail at *Thomas.Chandler@fcc.gov* . SUPPLEMENTARY INFORMATION: This is a summary of the Commission's document DA 06-970, released May 2, 2006, in CG Docket No. 03-123. Pursuant to §§ 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using:

(1)The Commission's Electronic Comment Filing System (ECFS),

(2)the Federal Government's eRulemaking Portal, or

(3)by filing paper copies. *See Electronic Filing of Documents in Rulemaking Proceedings* , 63 FR 24121, May 1, 1998. • Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: *http://www.fcc.gov/cgb/ecfs/* or the Federal eRulemaking Portal: *http://www.regulations.gov.* Filers should follow the instructions provided on the Web site for submitting comments. • For ECFS filers, if multiple docket or rulemaking numbers appear in the caption of this proceeding, filers must transmit one electronic copy of the comments for each docket or rulemaking number referenced in the caption. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number, which in this instance is CG Docket No. 03-123. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to ecfs *@fcc.gov,* and include the following words in the body of the message, “get form <your e-mail address>.” A sample form and directions will be sent in response. • Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption in this proceeding, filers must submit two additional copies of each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although the Commission continues to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. • The Commission's contractor will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of *before* entering the building. • Commercial mail sent by overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. • U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, SW., Washington, DC 20554. *People with Disabilities:* To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to *fcc504@fcc.gov* or call the Consumer & Governmental Affairs Bureau at

(202)418-0530 (voice),

(202)418-0432 (TTY). Synopsis On May 1, 2006, pursuant to 47 CFR 64.604(c)(5)(iii)(H), the National Exchange Carrier Association (NECA), the Interstate Telecommunications Relay Services

(TRS)Fund Administrator, submitted its annual payment formula and fund size estimate for the Interstate TRS Fund for the period July 1, 2006, through June 30, 2007. *Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act of 1990,* Interstate Telecommunications Relay Services Fund Payment Formula and Fund Size Estimate (filed May 1, 2006) ( *2006 TRS Rate Filing* ). NECA proposes per completed minute compensation rates of $1.257 for traditional TRS (compared to $1.440 for the 2005-2006 fund year); $1.219 for Internet Protocol

(IP)Relay (compared to $1.278 for the 2005-2006 fund year); $1.352 for Speech-to-speech

(STS)(compared to $1.579 for the 2005-2006 fund year); and $6.116 for Video Relay Service

(VRS)(compared to $6.644 for the 2005-2006 fund year). NECA proposes a carrier contribution factor of 0.00492 (compared to 0.00564 for the 2005-2006 fund year) and a fund size requirement of $386.3 million (compared to $441.5 million for the 2005-2006 fund year). Federal Communications Commission. Jay Keithley, Deputy Chief, Consumer & Governmental Affairs Bureau. [FR Doc. E6-7140 Filed 5-9-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [Report No. AUC-06-65-G (Auction No. 65); DA 06-984] Auction of 800 MHz Air-Ground Radiotelephone Service Licenses Scheduled for May 10, 2006; Clarification of Treatment of Bids by Bidders Sharing a Controlling Interest AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: This document announces the procedures for the upcoming auction of new nationwide commercial Air-Ground Radiotelephone Service licenses in the 800 MHz band scheduled for May 10, 2006. FOR FURTHER INFORMATION CONTACT: Auctions and Spectrum Access Division, WTB: *For legal questions:* Howard Davenport at

(202)418-0660. *For general auction questions:* Jeff Crooks at

(202)418-0660 or Barbara Sibert at

(717)338-2888. Mobility Division, WTB: *For service questions:* Erin McGrath or Richard Arsenault (legal) or Jay Jackson or Moslem Sawez (technical) at

(202)418-0620. SUPPLEMENTARY INFORMATION: This is a summary of the *Auction No. 65 Supplemental Procedures Public Notice* released on May 4, 2006. The complete text of the *Auction No. 65 Supplemental Procedures Public Notice,* and related documents are available for public inspection and copying from 8 a.m. to 4:30 p.m. Monday through Thursday or from 8 a.m. to 11:30 a.m. on Friday at the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. The *Auction No. 65 Supplemental Procedures Public Notice* and related Commission documents may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 202-488-5300, facsimile 202-488-5563, or you may contact BCPI at its Web site: *http://www.BCPIWEB.com.* When ordering documents from BCPI please provide the appropriate FCC document number for example, DA 06-984. The *Auction No. 65 Supplemental Procedures Public Notice* and related documents are also available on the Internet at the Commission's Web site: *http://wireless.fcc.gov/auctions/65/.* I. Background 1. On February 21, 2006, the Wireless Telecommunications Bureau (Bureau) announced the procedures for the upcoming auction of new nationwide commercial Air-Ground Radiotelephone Service licenses in the 800 MHz band scheduled for May 10, 2006 (Auction No. 65). The Bureau clarifies how previously-announced procedures will take into account the Commission's requirement that no individual or entity may hold, directly or indirectly, a controlling interest in licenses authorizing the use of more than three megahertz of spectrum. 2. Two nationwide commercial licenses in the 800 MHz band will be assigned based on the results of Auction No. 65. Due to the restriction on any party holding a controlling interest in licenses authorizing the use of more than three megahertz of spectrum, no party may hold a controlling interest in more than one license to be assigned by Auction No. 65. Accordingly, the procedures of Auction No. 65 will not assign both licenses to any single applicant or to multiple applicants that, based on their short-form auction applications (FCC Form 175), share a common controlling interest. A. Provisionally Winning Bids 3. In the *Auction No. 65 Procedures Public Notice,* 71 FR 11645 (March 8, 2006), the Commission stated that, at the end of each bidding round, the FCC Auction System will determine the provisionally winning bids by determining which combination of licenses comprising a single band plan has the highest aggregate gross bid amount by considering all of the bids that have been placed in the auction subject to the restriction that a single bidder cannot have more than one provisionally winning bid. Given that the restriction on holding more than one license applies not only to a single bidder but also to multiple bidders sharing a common controlling interest, the following more comprehensively describes how provisionally winning bids will be determined. At the end of each bidding round, the FCC Auction System will determine which combination of licenses comprising a single band plan has the highest aggregate gross bid amount by considering all of the bids that have been placed in the auction subject to the restriction that neither a single bidder nor multiple bidders sharing a common controlling interest, as disclosed on their short-form auction applications, can have more than one provisionally winning bid. 4. The restrictions used in the process of determining provisionally winning bids will not impose any restriction on bids that otherwise may be placed. That is, a single bidder, or multiple bidders sharing a common controlling interest, may place bids on multiple licenses, including licenses that comprise a single band plan. The process of determining provisionally winning bids will not select two such bids ( *i.e.* , two bids on two licenses in a single band plan placed by a single bidder or by multiple bidders sharing a common controlling interest) as the provisionally winning bids on both licenses. Nevertheless, one of the bids placed by a bidder, or by multiple bidders that together may not hold more than one license, may be selected as a provisionally winning bid. 5. The FCC Auction System's selection of provisionally winning bids does not constitute a Commission determination that winning bidders are eligible to hold a license pursuant to § 22.853 or any other Commission rule. The restriction against selecting more than one provisionally winning bid from bids by multiple bidders with a shared controlling interest will be implemented based on information the applicants provided in short-form applications to participate in the auction. Each winning bidder remains responsible for compliance with all applicable Commission rules governing applications for a license and licensees, including § 22.853. Winning bidders that are ineligible to hold a license for any reason are subject to default payments under § 1.2104(g)(2). B. Minimum Acceptable Bids 6. The Commission's prohibition against assigning more than one license to multiple bidders sharing common controlling interests also will be taken into account in the procedures for determining minimum acceptable bid amounts in Auction No. 65. *The Auction No. 65 Procedures Public Notice* included an explanation of how the process for determining minimum acceptable bid amounts. This process includes setting a price for each license described as follows: For licenses with provisionally winning bids, this price will be equal to the amount of the provisionally winning bid. For non-provisionally winning licenses, the price will be equal to the amount of the highest bid placed on the license by any non-provisionally winning bidder. 7. The process for determining the minimum acceptable bid for non-provisionally winning licenses reflects the fact that multiple bidders sharing a common controlling interest cannot win more than one license. For non-provisionally winning licenses, the price used to determine the minimum acceptable bid will be equal to the amount of the highest bid placed on the license by any bidder that does not hold a provisionally winning bid and does not share a common controlling interest with another bidder that holds a provisionally winning bid. 8. The FCC Auction System will not permit a bidder to place a new bid that is equal to or less than a bid the bidder placed previously. A bidder may have placed bids that are not considered in setting the minimum acceptable bid for a license. Those bids may be higher than the minimum acceptable bid amount or one or more of the additional acceptable bid amounts. That bidder will be limited to bidding only in amounts that exceed the bids that bidder placed previously on the license. As a result, some bidders may have fewer than nine acceptable bid amounts available on each license. The FCC Auction System will list acceptable bid amounts for a given bidder consistent with this limitation and only offer bid amounts greater that the bidder's previous bid on the license. Federal Communications Commission. Gary D. Michaels, Deputy Chief, Auctions and Spectrum Access Division, WTB. [FR Doc. E6-7134 Filed 5-9-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [DA 06-951] Notice of Suspension and of Proposed Debarment Proceedings; 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 NextiraOne, LLC (“NextiraOne”) for wire fraud in violation of 18 U.S.C. 1343. Consequently, pursuant to 47 CFR 54.521, this letter constitutes official notice of NextiraOne suspension from the schools and libraries universal service support mechanism (“E-rate program”). In addition, the Enforcement Bureau (“Bureau”) hereby notifies NextiraOne that were are commencing debarment proceeding against it. DATES: Within 90 days of receipt of any opposition to NextiraOne's suspension and proposed debarment, the Bureau or the Commission, in the absence of extraordinary circumstances, will provide NextiraOne with notice of its decision to debar. If the Bureau or the Commission decides to debar NextiraOne, its decision will become effective upon the earlier of NextiraOne's receipt of a debarment notice or publication of the decision in the **Federal Register** . May 10, 2006, NextiraOne'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 telephone at

(202)418-1188 and by e-mail at *eric.bash@fcc.gov.* SUPPLEMENTARY INFORMATION: These actions constitute the conduct or transactions upon which this debarment proceeding is based. Moreover, NextiraOne conviction on the basis of these acts falls within the categories of causes for debarment defined in section 54.521 of the Commission rules. 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., Portal 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 suspension letter follows: April 28, 2006. [DA 06-951] Via Certified Mail Return Receipt Requested Robert J. Buhay, Chief Financial Officer, NextiraOne, LLC., c/o Robert A. Salerno, Esq., Morrison & Foerster LLP, 2000 Pennsylvania Avenue, NW., Washington, DC 20006-1888. Re: Notice of Suspension and Initiation of Debarment Proceedings, File No. EB-06-IH-1392 Dear Mr. Buhay: The Federal Communications Commission (“FCC” or “Commission”) has received notice of the conviction of NextiraOne, LLC (“NextiraOne”) for wire fraud in violation of 18 U.S.C. 1343 in connection with NextiraOne's participation in the schools and libraries universal service support mechanism (“E-rate program”). 1 Consequently, pursuant to 47 CFR 54.521, this letter constitutes official notice of NextiraOne's suspension from the E-rate program. In addition, the Enforcement Bureau (“Bureau”) hereby notifies NextiraOne that we are commencing debarment proceedings against it. 2 1 Any further reference in this letter to “your conviction” refers to NextiraOne's April 20, 2006 guilty plea and conviction of this count. *United States* v. *NextiraOne, LLC,* Criminal Docket No. 4:06-cr-40041-LLP, Plea Agreement (D.S.D. April 20, 2006) (“ *NextiraOne Plea Agreement* ” or “ *Plea Agreement* ”). Sentence was imposed on April 20, 2006 and entered on April 21, 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). Although we suspend NextiraOne and initiate debarment proceedings, we acknowledge that NextiraOne has submitted a petition to waive the debarment rules (“Waiver Petition”). 3 We further note that the Department of Justice submitted a letter in reference to that petition. We emphasize that the arguments and evidence presented in both submissions will be evaluated and considered during the debarment proceeding. 4 3 *See NextiraOne, LLC Petition for Waiver of Section 54.521 of the Commission's Rules,* Petition for Waiver (filed April 14, 2006) (“ *Waiver Petition* ”). 4 *See generally, Waiver Petition;* Letter from Scott Hammond, Assistant Attorney General, Antitrust Division, Department of Justice, to Marlene E. Dortch, Secretary, Federal Communications (filed April 14, 2006). I. Notice of Suspension 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. 5 NextiraOne pled guilty to wire fraud for activities in connection with its participation in the E-rate program with the Oglala Nation Education Coalition (“ONEC”) schools in the District of South Dakota. 5 *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). According to the plea, in December 2000, NextiraOne (known as Williams Communications Services, Inc. at that time) falsely promised ONEC schools that they could participate in the E-rate program for free; in January 2001, a member of the Oglala tribe, under Williams' guidance, submitted to the administrator of the E-rate program, the Universal Service Administrative Company (“USAC”), E-rate applications that contained non-competitive manufacturer “list” prices; in December 2001, NextiraOne filed an invoice with USAC even though no equipment had been delivered to ONEC schools; and beginning in December 2001, NextiraOne re-engineered the ONEC networks such that the costs decreased, but failed to notify ONEC. In January 2002, a billing employee at NextiraOne submitted an invoice by facsimile to USAC that made it falsely appear that ONEC had been billed for non-discounted portions of the equipment and services funded by E-rate, as well as certain ineligible items, and as a result, NextiraOne over-billed the E-rate program in excess of $1 million. Pursuant to section 54.521(a)(4) of the Commission's rules 6 , NextiraOne's conviction requires the Bureau to suspend it from participating in any activities associated with or related to the schools and libraries support mechanism, including 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 the schools and libraries support mechanism. 7 NextiraOne's suspension becomes effective upon the earlier of its receipt of this letter or publication of notice in the **Federal Register** . 8 6 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* ”). 7 *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). 8 *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. In accordance with the Commission's debarment rules, NextiraOne may contest this suspension or the scope of this suspension by filing arguments in opposition to the suspension, with any relevant documentation. NextiraOne'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. 9 Such requests, however, will not ordinarily be granted. 10 The Bureau may reverse or limit the scope of suspension only upon a finding of extraordinary circumstances. 11 Absent extraordinary circumstances, the Bureau or the Commission will decide any request for reversal or modification of suspension within 90 days of its receipt of such request. 12 9 *Second Report and Order,* 18 FCC Rcd at 9226, ¶ 70; 47 CFR 54.521(e)(4). 10 *Second Report and Order,* 18 FCC Rcd at 9226, ¶ 70. 11 47 CFR 54.521(e)(5). 12 *See Second Report and Order,* 18 FCC Rcd at 9226, ¶ 70; 47 CFR 54.521(e)(5), 54.521(f). NextiraOne asks us to toll its mandated suspension from the E-rate program. NextiraOne offers no justification, however, for its request that we depart from our mandated suspension procedure. We will consider NextiraOne's arguments regarding the appropriateness of debarment at the debarment stage of the proceeding. Accordingly, we deny NextiraOne's request that we toll the suspension. II. Initiation of Debarment Proceedings NextiraOne's guilty plea to criminal conduct in connection with the E-rate program, in addition to serving as a basis for immediate suspension from the program, also serves as a basis for the initiation of debarment proceedings against the company. NextiraOne's conviction falls within the categories of causes for debarment expressly contained in section 54.521(c) of the Commission's rules. 13 Therefore, pursuant to section 54.521(a)(4) of the Commission's rules, we initiate debarment proceedings against NextiraOne. 13 “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). As with its suspension, NextiraOne 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** . 14 During this debarment phase of the proceeding, we will consider the arguments NextiraOne presents in its Waiver Petition. We will also weigh the views of the Department of Justice in considering NextiraOne's debarment. 14 *See Second Report and Order,* 18 FCC Rcd at 9226, ¶ 70; 47 CFR 54.521(e)(2)(i), 54.521(e)(3). Absent extraordinary circumstances, the Bureau or the Commission will debar NextiraOne. 15 Within 90 days of receipt of any opposition to NextiraOne's suspension and proposed debarment, the Bureau or the Commission, in the absence of extraordinary circumstances, will provide NextiraOne with notice of its decision to debar. 16 If the Bureau or the Commission decides to debar NextiraOne, its decision will become effective upon the earlier of NextiraOne's receipt of a debarment notice or publication of the decision in the **Federal Register** . 17 15 *Second Report and Order,* 18 FCC Rcd at 9227, ¶ 74. 16 *See id.,* 18 FCC Rcd at 9226, ¶ 70; 47 CFR 54.521(e)(5). 17 *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). If and when NextiraOne'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. 18 18 *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, Esq., Federal Communications Commission, Enforcement Bureau, Investigations and Hearings Division, Room 4-C443, 445 12th Street, SW., Washington, DC 20554. If NextiraOne 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 NextiraOne 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, Kris A. Monteith, Chief, Enforcement Bureau. cc: James J. Regan, Esq., Crowell and Moring LLP (via E-Mail). E. Ashton Johnston, Esq., DLA Piper Rudnick Gray Cary, U.S. LLP (via E-Mail). Eric C. Hoffmann, Esq., United States Department of Justice, Antitrust Division (via E-Mail). Alicia Bentley, Esq., United States Department of Justice, Civil Division (via E-Mail). [FR Doc. E6-7040 Filed 5-9-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL MARITIME COMMISSION Notice of Agreements Filed The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on an agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the **Federal Register** . Copies of agreements are available through the Commission's Office of Agreements (202-523-5793 or *tradeanalysis@fmc.gov* ). *Agreement No.:* 011435-011. *Title:* APL/CP Ships Space Charter Agreement. *Parties:* American President Lines, Ltd.; APL Co. Pte Ltd.; and CP Ships USA, LLC. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell; 1850 M Street, NW., Suite 900; Washington, DC 20036. *Synopsis:* The amendment extends the agreement indefinitely and provides that either party may resign on six-month's notice. *Agreement No.:* 201103-005. *Title:* Memorandum Agreement of the Pacific Maritime Association of December 14, 1983 Concerning Assessments to Pay ILWU—PMA Employee Benefit Costs, As Amended, Through April 26, 2006. *Parties:* Pacific Maritime Association and International Longshore and Warehouse Union. *Filing Party:* Matthew J. Thomas, Esq.; Troutman Sanders LLP; 401 9th Street, NW.; Suite 1000; Washington, DC 20004-2134. *Synopsis:* The amendment adjusts assessment rates under the agreement. *Agreement No.:* 201129-002. *Title:* Port Manatee Warehouse and Land Lease Extension and Modification Agreement. *Parties:* Manatee County Port Authority and WSI of the Southeast, L.L.C. *Filing Party:* Joseph W. Gontarski; Senior Director and Special Assistant to the Executive Director; Manatee County Port Authority; 300 Tampa Bay Way; Palmetto, FL 34221-6608. *Synopsis:* The amendment extends the lease through December 31, 2015. By Order of the Federal Maritime Commission. Dated: May 5, 2006. Bryant L. VanBrakle, Secretary. [FR Doc. E6-7139 Filed 5-9-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for license as a Non-Vessel—Operating Common Carrier and Ocean Freight Forwarder—Ocean Transportation Intermediary pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. app. 1718 and 46 CFR part 515). Persons knowing of any reason why the following applicants should not receive a license are requested to contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573. Non-Vessel—Operating Common Carrier Ocean Transportation Intermediary Applicants Boston Shipping Enterprises, Inc., 506 Decatur Street, Brooklyn, NY 11233. Officer: Hugh Boston, President (Qualifying Individual). DVN Carries, LP, 6575 West Loop South, Suite 110, Bellaire, TX 77401. Officers: C. Rider Griwold, Limited Partner (Qualifying Individual), Madelaine Griswold. TUG New York, Inc., 11 Sunrise Plaza, #304, Valley Stream, NY 11580. Officer: Robert Hslang Lin, Wu President (Qualifying Individual). Sunitrans Logistics Private Limited, D-2135/36, Oberoi Garden Estates, Chandivli Farms Rd., Chandivli, Andheri (East), Mumbai 400 072 India. Officers: Changaram Ramesh Santosh, Chairman/President (Qualifying Individual), Ajit G. Bhat, Director. Ocean & Sky International Freight A Partnership, 4225 S. Eastern Avenue, Ste. #4, Las Vegas, NV 89119. Officers: Sophann Chum, Owner (Qualifying Individual), Priscilla Chum, Owner. President Container Line, Inc., 13515 S. Figueroa Street, Los Angeles, CA 90061. Officers: Chang-Yeh Tsai, President (Qualifying Individual). Non-Vessel—Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicants ZLN North America Inc., 5801 Lake Wright Drive, Norfolk, VA 23502. Officers: Tommy Stramer, CEO (Qualifying Individual), Doron Goder, Director. Atlas Logistics

(USA)LLC, 6675 Eastland Road, Middleburg Hts., OH 44130. Officer: Edward M. Zarefoss, Owner (Qualifying Individual). Affordable Global Shipping LLC dba Affordable Global Shipping, 4007 Greenbriar Drive, #F, Houston, TX 77477. Officers: Vivian No Nsonma Iheonye, General Manager (Qualifying Individual), Sunday Kehinde Onyeniran, Co-Owner. America's Cargo Logistics LLC, 50 Carnation Ave., Building 1, Floral Park, NY 11001. Officer: William A. Nichols, President (Qualifying Individual). Ocean Freight Forwarder—Ocean Transportation Intermediary Applicants Sunshine Service International, Inc., 147-35, 183 Str., Suite 203, Jamaica, NY 11413. Officer: Maia Stoichkov, Owner (Qualifying Individual). Embarques Colonial Corporation, 1332 NW. 36th Street, Miami, FL 33142. Officers: Daisy Lantigua, President (Qualifying Individual), Eduan Sanchez, Vice President. Savitas Express, Inc., 985 Los Lagos, Pomona, CA 91766. Officer: Peiyu (Vivian) Huang, President (Qualifying Individual). Globaltransol L.L.C., 134 Innis Avenue, Apt. R12, Poughkeepsie, NY 12601. Officer: Eric K. Gnakadja, President (Qualifying Individual). Awilda Shipping Corporation, 41-02 108th Street, Corona, NY 11368. Officer: Jesucito Parra, Supervisor (Qualifying Individual). Arrow Worldwide, LLC, 917 Pacific Avenue, Tacoma, WA 98402. Officers: Virginia Casto, Member (Qualifying Individual), Debra A. Evans, Member. Journey Moving and Storage Corp. dba International Sea & Air, 5 Lexington Avenue, East Brunswick, NJ 08816. Officers: Michael Dragin, Vice President (Qualifying Individual), Doreen Dragin, President. Dated: May 5, 2006. Bryant L. VanBrakle, Secretary. [FR Doc. E6-7141 Filed 5-9-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center Web site at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than June 5, 2006. **A. Federal Reserve Bank of Dallas** (W. Arthur Tribble, Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272: *1. Coastal Bancshares Acquisition Corp.* , Houston, Texas; to become a bank holding company by acquiring 100 percent of the voting shares of Intercontinental Bank Shares Corporation, San Antonio, Texas, and thereby indirectly acquire Intercontinental Bank Shares Corporation of Delaware, Wilmington, Delaware, and Intercontinental National Bank, San Antonio, Texas. Board of Governors of the Federal Reserve System, May 5, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E6-7097 Filed 5-9-06; 8:45 am] BILLING CODE 6210-01-S GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Proposed Privacy Act System of Records AGENCY: General Services Administration. ACTION: Notice of a system of records subject to the Privacy Act of 1974. SUMMARY: The General Services Administration

(GSA)is providing notice of the establishment of the Federal Acquisition Institute's FAI Online University (GSA/OAP-5) system of records. The purpose of the system is to develop a professional acquisition workforce by providing online training on Federal government acquisition and procurement to interested public and private individuals. The system is used to maintain and track the individuals' training records, provide course information, and administer the system. The system's online training provides a more flexible alternative to traditional classroom training. DATES: This privacy notification for the FAI Online University system will become effective on June 19, 2006, unless comments received on or before that date result in a contrary determination. ADDRESSES: Comments should be sent to Director, Federal Acquisition Institute, c/o Defense Acquisition University, 9820 Belvoir Road, Fort Belvoir VA 22060-5565. FOR FURTHER INFORMATION CONTACT GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW, Washington DC 20405; telephone

(202)501-1452. Dated: May 3, 2006. June V. Huber, Director, Office of Information Management. GSA/OAP-5 **System name:** Federal Acquisition Institute

(FAI)Online University. **System location:** The system is managed by the Federal Acquisition Institute, located at 9820 Belvoir Road, Fort Belvoir VA 22060-5565. Contact the system manager for additional information. **Categories of individuals covered by the system:** Individuals, public or private, who use the FAI Online University resources and who register for or take the online courses. **Categories of Records in the System:** The system maintains a record of an individual and his/her course progress while attending online courses. Required information consists of name and e-mail. Additional information is voluntarily provided and may include: a. Contact data (home or business address including city, state, zip code, and country; and home or business telephone and fax number). b. Work related information, including affiliated organization, business telephone, business fax number, and manager’s e-mail. c. Training records, including course type selection, course progress, and course start/completion dates. **Authorities for maintenance of the system:** 40 U.S.C. Chapters 5, 31, and 33; Title 5 U.S.C. 4101, *et. seq.* ; E.O. 11348, as amended; E.O. 13111; and the Federal Procurement Policy Act (P.L. 93-400, as amended). **Purpose:** To maintain a system for providing acquisition and procurement training in order to promote the development of a professional Federal acquisition workforce, ensure availability of exceptional training, and improve Federal acquisition workforce management. **Routine uses of the system records, including categories of users and their purpose for using the system:** System information may be accessed and used by authorized FAI employees, System Administrators, and contractors in the conduct of their official duties associated with tracking and administering training record and for system management purposes. In addition, information from this system may be disclosed as a routine use: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To a Federal, State, local, or foreign agency responsible for investigating, prosecuting, enforcing, or carrying out a statute, rule, regulation, or order when GSA becomes aware of a violation or potential violation of a civil or criminal law or regulation. c. To duly authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. d. To the Office of Personnel Management

(OPM)and the Government Accountability Office

(GAO)when the information is required for evaluation of the program. e. To a Member of Congress or his or her staff on behalf of and at the request of the individual who is the subject of the record. f. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. g. To the National Archives and Records Administration

(NARA)for records management purposes. **Policies and practices for storing, retrieving, accessing, retaining, and disposing of system records:** **Storage:** Information is electronically collected and stored on hard drives. **Retrievability:** Records are retrievable by name. **Safeguards:** System records are safeguarded in accordance with the requirements of the Privacy Act and the Computer Security Act. Technical, administrative, and personnel security measures are implemented to ensure confidentiality and integrity of the system data that is stored, processed, and transmitted. Records are protected by passwords and other appropriate security measures. **Retention and disposal:** Disposition of records is according to the National Archives and Records Administration

(NARA)guidelines, as set forth in the GSA Records Maintenance and Disposition System handbooks OAD P 1820.2A and CIO P 1820.1, and authorized GSA records schedules. **System manager and address:** Director, Federal Acquisition Institute, c/o Defense Acquisition University 9820, Belvoir Road, Fort Belvoir VA 22060-5565. **Notification procedure:** An individual may obtain information on whether the system contains his or her record by e-mailing *faikc@meridianksi.com* , or sending the request to Director, Federal Acquisition Institute, c/o Defense Acquisition University, 9820 Belvoir Road, Fort Belvoir VA 22060-5565. **Record access procedures:** Individuals may access their own records using their own password. Requests from individuals for access to their records also may be requested from FAI by writing to the above address. **Contesting record procedures:** GSA rules for access to systems of records, for contesting the contents of systems of records, and for appealing initial determinations are published in the **Federal Register** , 41 CFR part 105-64. **Record source categories:** Information is obtained from individuals who register with FAI Online University. [FR Doc. E6-7146 Filed 5-9-06; 8:45 am] BILLING CODE 6820-34-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Notice of Interest Rate on Overdue Debts Section 30.13 of the Department of Health and Human Services' claims collection regulations (45 CFR part 30) provides that the Secretary shall charge an annual rate of interest as fixed by the Secretary of the Treasury after taking into consideration private consumer rates of interest prevailing on the date that HHS becomes entitled to recovery. The rate generally cannot be lower than the Department of Treasury's current value of funds rate or the applicable rate determined from the “Schedule of Certified Interest Rates with Range of Maturities.” This rate may be revised quarterly by the Secretary of the Treasury and shall be published quarterly by the Department of Health and Human Services in the **Federal Register** . The Secretary of the Treasury has certified a rate of 12 1/8 % for the quarter ended March 31, 2006. This interest rate will remain in effect until such time as the Secretary of the Treasury notifies HHS of any change. Dated: April 27, 2006. Sheila Conley, Deputy Assistant Secretary, Finance. [FR Doc. 06-4347 Filed 5-9-06; 8:45am]

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