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Federal Register / Vol. 73, No.

47 / Monday, March 10, 2008 / Notices 12733

In order to increase the accessibility to FEDERAL COMMUNICATIONS 6, 2008. The complete text of the notice
Board meetings, persons requiring COMMISSION of debarment is available for public
assistance should make arrangements in inspection and copying during regular
[[DA 08–300]
advance. The matters to be considered business hours at the FCC Reference
at the meeting are: Notice of Suspension and Initiation of Information Center, Portal II, 445 12th
Debarment Proceedings; Schools and Street, SW., Room CY–A257,
Open Session Washington, DC 20554. In addition, the
Libraries Universal Service Support
A. Approval of Minutes Mechanism complete text is available on the FCC’s
Web site at http://www.fcc.gov. The text
• January 10, 2008. AGENCY: Federal Communications may also be purchased from the
B. Business Reports Commission. Commission’s duplicating inspection
ACTION: Notice. and copying during regular business
• FCSIC Financial Report.
hours at the contractor, Best Copy and
• Report on Insured Obligations. SUMMARY: The Enforcement Bureau (the Printing, Inc., Portal II, 445 12th Street,
• Quarterly Report on Annual ‘‘Bureau’’) gives notice of Mr. Thomas J. SW., Room CY–B420, Washington, DC
Performance Plan. Kennedy III’s suspension from the 20554, telephone (202) 488–5300 or
C. New Business schools and libraries universal service (800) 378–3160, facsimile (202) 488–
support mechanism (or ‘‘E-Rate 5563, or via e-mail http://
• Presentation of 2007 Audit Results. Program’’). Additionally, the Bureau www.bcpiweb.com.
Closed Session gives notice that debarment proceedings
Federal Communications Commission.
are commencing against him. Mr.
• FCSIC Report on System Kennedy, or any person who has an Trent B. Harkrader,
Performance. existing contract with or intends to Deputy Chief, Investigations and Hearings
• Executive Session of the FCSIC contract with him to provide or receive Division, Enforcement Bureau.
Board Audit Committee with the services in matters arising out of The attached is the Suspension and
External Auditor. activities associated with or related to Initiation of Debarment Letter to
Dated: March 4, 2008. the schools and libraries support, may Thomas J. Kennedy III.
Roland E. Smith, respond by filing an opposition request,
Secretary, Farm Credit System Insurance, supported by documentation to Diana February 6, 2008.
Corporation Board. Lee, Federal Communications DA 08–300
[FR Doc. E8–4695 Filed 3–7–08; 8:45 am] Commission, Enforcement Bureau,
BILLING CODE 6710–01–P Investigations and Hearings Division, VIA Certified Mail
Room 4–C330, 445 12th Street, SW., Return Receipt Requested and Facsimile
Washington, DC 20554. (203–977–7301)
FEDERAL COMMUNICATIONS DATES: Opposition requests must be Mr. Thomas J. Kennedy III, c/o
COMMISSION received by April 9, 2008 . However, an Stanley A. Twardy, Jr., Day Pitney LLP,
opposition request by the party to be One Canterbury Green, Stamford, CT
[Report No. 2853] suspended must be received 30 days 06901–2047, E-mail:
from the receipt of the suspension letter satwardy@daypitney.com
Petitions for Reconsideration of Action or April 9, 2008, whichever comes first. Re: Notice of Suspension and Initiation
in Rulemaking Proceeding The Bureau will decide any opposition of Debarment Proceedings, File No.
March 4, 2008.
request for reversal or modification of EB–08–IH–0285
suspension or debarment within 90 days
Petitions for Reconsideration have Dear Mr. Kennedy: The Federal
of its receipt of such requests.
been filed in the Commission’s Communications Commission (‘‘FCC’’
Rulemaking proceeding listed in this FOR FURTHER INFORMATION CONTACT: or ‘‘Commission’’) has received notice of
Public Notice and published pursuant to Diana Lee, Federal Communications your conviction for mail fraud in
47 CFR 1.429(e). The full text of these Commission, Enforcement Bureau, violation of 18 U.S.C. 1341 in
documents is available for viewing and Investigations and Hearings Division, connection with your participation in
copying in Room CY–B402, 445 12th Room 4–C330, 445 12th Street, SW., the schools and libraries universal
Street, SW., Washington, DC or may be Washington, DC 20554. Diana Lee may service support mechanism (‘‘E-Rate
purchased from the Commission’s copy be contacted by phone at (202) 418– program’’).1 Consequently, pursuant to
contractor, Best Copy and Printing, Inc. 0843 or e-mail at diana.lee@fcc.gov. If 47 CFR 54.8, this letter constitutes
(BCPI) (1–800–378–3160). Oppositions Ms. Lee is unavailable, you may contact official notice of your suspension from
to these petitions must be filed by Ms. Vickie Robinson, Assistant Chief, the E-Rate program. In addition, the
March 25, 2008. See section 1.4(b)(1) of Investigations and Hearings Division, by Enforcement Bureau (‘‘Bureau’’) hereby
the Commission’s rules (47 CFR telephone at (202) 418–1420 and by e- notifies you that we are commencing
1.4(b)(1). Replies to oppositions must be mail at vickie.robinson@fcc.gov. debarment proceedings against you.2
filed within 10 days after the time for SUPPLEMENTARY INFORMATION: The
filing oppositions have expired. Bureau has suspension and debarment 1 Any further reference in this letter to ‘‘your

Subject: In the Matter of Creation of authority pursuant to 47 CFR 54.8 and conviction’’ refers to your February 13, 2007 guilty
47 CFR 0.111. Suspension will help to plea and subsequent conviction of mail fraud.
a Low Power Radio Service (MM Docket United States v. Thomas J. Kennedy III, Criminal
99–25). ensure that the party to be suspended Docket No. 3:07–CR–186 (RNC), Plea Agreement (D.
Number of Petitions Filed: 5. cannot continue to benefit from the Conn. filed Aug. 24, 2007 and entered Aug. 27,
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schools and libraries mechanism 2007) (‘‘Kennedy Plea Agreement’’), Judgment (D.
Marlene H. Dortch, pending resolution of the debarment Conn. filed and entered Jan. 24, 2008) (‘‘Kennedy
Secretary. Judgment’’).
process. Attached is the suspension 2 47 CFR 54.8; 47 CFR 0.111 (delegating to the
[FR Doc. E8–4622 Filed 3–7–08; 8:45 am] letter, DA 08–300, which was mailed to Enforcement Bureau authority to resolve universal
BILLING CODE 6712–01–P Mr. Kennedy and released on February Continued

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12734 Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Notices

I. Notice of Suspension the invoices and then submitted those from the program, also serves as a basis
The Commission has established invoices to USAC seeking excessive for the initiation of debarment
procedures to prevent persons who have reimbursement from the E-rate funds.7 proceedings against you. Your
‘‘defrauded the government or engaged The invoices were inflated by more than conviction falls within the categories of
in similar acts through activities $500,000.8 You admitted that payments causes for debarment defined in section
associated with or related to the schools for the inflated amount were split 54.8(c) of the Commission’s rules.17
and libraries support mechanism’’ from primarily among you, Mr. Brown, and Therefore, pursuant to section 54.8(a)(4)
receiving the benefits associated with Mr. Madeiros and that you received of the Commission’s rules, your
that program.3 You pled guilty to mail $249,525.9 conviction requires the Bureau to
fraud for activities in connection with Pursuant to section 54.8(a)(4) of the commence debarment proceedings
your participation in the E-Rate program Commission’s rules,10 your conviction against you.
involving telecommunications upgrade requires the Bureau to suspend you As with your suspension, you may
projects in four Connecticut school from participating in any activities contest debarment or the scope of the
districts.4 While employed as an associated with or related to the schools proposed debarment by filing arguments
account manager for a company that had and libraries fund mechanism, and any relevant documentation within
a partnership arrangement with including the receipt of funds or 30 calendar days of the earlier of the
Southwestern Bell Communications discounted services through the schools receipt of this letter or of publication in
(‘‘SBC’’), you participated in a scheme and libraries fund mechanism, or the Federal Register.18 Absent
to defraud SBC and the E-Rate consulting with, assisting, or advising extraordinary circumstances, the Bureau
program.5 You and three SBC applicants or service providers will debar you.19 Within 90 days of
employees, including Richard E. Brown regarding the schools and libraries receipt of any opposition to your
and Keith J. Madeiros, decided that support mechanism.11 Your suspension suspension and proposed debarment,
engineers would be hired for E-Rate becomes effective upon the earlier of the Bureau, in the absence of
funded projects and that the cost of your receipt of this letter or publication extraordinary circumstances, will
these engineering services would be of notice in the Federal Register.12 provide you with notice of its decision
billed at inflated rates first to SBC and Suspension is immediate pending the to debar.20 If the Bureau decides to
later to a SBC subcontractor.6 SBC paid Bureau’s final debarment determination. debar you, its decision will become
In accordance with the Commission’s effective upon the earlier of your receipt
service suspension and debarment proceedings). debarment rules, you may contest this of a debarment notice or publication of
The Commission adopted debarment rules for the suspension or the scope of this the decision in the Federal Register.21
schools and libraries universal service support suspension by filing arguments in If and when your debarment becomes
mechanism in 2003. See Schools and Libraries
Universal Service Support Mechanism, Second opposition to the suspension, with any effective, you will be prohibited from
Report and Order and Further Notice of Proposed relevant documentation. Your request participating in activities associated
Rulemaking, 18 FCC Rcd 9202 (2003) (‘‘Second must be received within 30 days after with or related to the schools and
Report and Order’’) (adopting section 54.521 to you receive this letter or after notice is
suspend and debar parties from the E-rate program).
libraries support mechanism for three
In 2007, the Commission extended the debarment published in the Federal Register, years from the date of debarment.22 The
rules to apply to all of the Federal universal service whichever comes first.13 Such requests, Bureau may, if necessary to protect the
support mechanisms. Comprehensive Review of the however, will not ordinarily be public interest, extend the debarment
Universal Service Fund Management, granted.14 The Bureau may reverse or
Administration, and Oversight; Federal-State Joint
period.23
Board on Universal Service; Schools and Libraries limit the scope of suspension only upon Please direct any response, if by
Universal Service Support Mechanism; Lifeline and a finding of extraordinary messenger or hand delivery, to Marlene
Link Up; Changes to the Board of Directors for the circumstances.15 Absent extraordinary
National Exchange Carrier Association, Inc., Report
and Order, 22 FCC Rcd 16372, 16410–12 (2007)
circumstances, the Bureau will decide 17 ‘‘Causes for suspension and debarment are the

any request for reversal or modification conviction of or civil judgment for attempt or
(Program Management Order) (renumbering section
commission of criminal fraud, theft, embezzlement,
54.521 of the universal service debarment rules as of suspension within 90 days of its forgery, bribery, falsification or destruction of
section 54.8 and amending subsections (a)(1), (5), receipt of such request.16 records, making false statements, receiving stolen
(c), (d), (e)(2)(i), (3), (e)(4), and (g)).
property, making false claims, obstruction of justice
3 See Second Report and Order, 18 FCC Rcd at
II. Initiation of Debarment Proceedings and other fraud or criminal offense arising out of
9225, para. 66; Program Management Order, 22 FCC activities associated with or related to the schools
Rcd at 16387, para. 32. The Commission’s Your guilty plea to and conviction of
and libraries support mechanism, the high-cost
debarment rules define a ‘‘person’’ as ‘‘[a]ny criminal conduct in connection with the support mechanism, the rural healthcare support
individual, group of individuals, corporation, E-Rate program, in addition to serving mechanism, and the low-income support
partnership, association, unit of government or legal
entity, however, organized.’’ 47 CFR 54.8(a)(6).
as a basis for immediate suspension mechanism.’’ 47 CFR 54.8(c). Such activities
4 See Kennedy Plea Agreement at 1; United States
‘‘include the receipt of funds or discounted services
through [the Federal universal service] support
v. Thomas J. Kennedy III, Criminal Docket No. 3:07– DeNigro to Keith J. Madeiros, Notice of Suspension
mechanisms, or consulting with, assisting, or
CR–186 (RNC), Information, paras. 7–28 (D. Conn. and Initiation of Debarment Proceedings, DA 08–
advising applicants or service providers regarding
filed Aug. 24, 2007 and entered Aug. 27, 2007) 129 (Enf. Bur., Investigations & Hearings Div., rel.
[the Federal universal service] support
(‘‘Kennedy Information’’); http://www.usdoj.gov/ Jan. 18, 2008).
mechanisms.’’ 47 CFR 54.8(a)(1).
usao/ct/Press2008/20080123–5.html (last accessed 7 See Kennedy Information at paras. 21, 26; DOJ
18 See Second Report and Order, 18 FCC Rcd at
Jan. 25, 2008) (‘‘DOJ January 23, 2008 Press January 23, 2008 Press Release at 1.
9226, para 70; 47 CFR 54.8(e)(3).
Release’’). 8 See id.
19 Second Report and Order, 18 FCC Rcd at 9227,
5 See Kennedy Information at paras. 13–15; DOJ 9 See id.
January 23, 2008 Press Release at 1. para 74.
10 47 CFR 54.8(a)(4). See Second Report and
20 See id., 18 FCC Rcd at 9226, para 70; 47 CFR
6 See Kennedy Information at paras. 15–28; DOJ
Order, 18 FCC Rcd at 9225–9227, paras. 67–74. 54.8(e)(5).
January 23, 2008 Press Release at 1. The Bureau has 11 47 CFR 54.8(a)(1), (d).
21 Id. The Commission may reverse a debarment,
debarred Richard E. Brown from the E-Rate 12 Second Report and Order, 18 FCC Rcd at 9226,
or may limit the scope or period of debarment upon
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program. See Letter from Hillary S. DeNigro to


para. 69; 47 CFR 54.8(e)(1). a finding of extraordinary circumstances, following
Richard E. Brown, Notice of Debarment, 22 FCC 13 47 CFR 54.8(e)(4).
Rcd 20569 (Enf. Bur., Investigations & Hearings the filing of a petition by you or an interested party
14 Id. or upon motion by the Commission. 47 CFR 54.8(f).
Div., rel. Nov. 27, 2007); 72 FR 73821 (Dec. 28,
15 47 CFR 54.8(e)(5). 22 Second Report and Order, 18 FCC Rcd at 9225,
2007). The Bureau has suspended Keith J. Madeiros
from the E-Rate program and initiated debarment 16 See Second Report and Order, 18 FCC Rcd at para 67; 47 CFR 54.8(d), 54.8(g).
proceedings against him. See Letter from Hillary S. 9226, para 70; 47 CFR 54.8(e)(5), 54.8(f). 23 Id.

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Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Notices 12735

H. Dortch, Secretary, Federal holding company. The factors that are (12 U.S.C. 1843). Unless otherwise
Communications Commission, 236 considered in acting on the notices are noted, nonbanking activities will be
Massachusetts Avenue, NE., Suite 110, set forth in paragraph 7 of the Act (12 conducted throughout the United States.
Washington, DC 20002, to the attention U.S.C. 1817(j)(7)). Additional information on all bank
of Diana Lee, Attorney Advisor, The notices are available for holding companies may be obtained
Investigations and Hearings Division, immediate inspection at the Federal from the National Information Center
Enforcement Bureau, Room 4–C330, Reserve Bank indicated. The notices website at www.ffiec.gov/nic/.
with a copy to Vickie Robinson, also will be available for inspection at Unless otherwise noted, comments
Assistant Chief, Investigations and the office of the Board of Governors. regarding each of these applications
Hearings Division, Enforcement Bureau, Interested persons may express their must be received at the Reserve Bank
Room 4–C330, Federal Communications views in writing to the Reserve Bank indicated or the offices of the Board of
Commission. If sent by commercial indicated for that notice or to the offices Governors not later than April 4, 2008.
overnight mail (other than U.S. Postal of the Board of Governors. Comments A. Federal Reserve Bank of Atlanta
Service Express Mail and Priority Mail), must be received not later than March (David Tatum, Vice President) 1000
the response should be sent to the 25, 2008. Peachtree Street, N.E., Atlanta, Georgia
Federal Communications Commission, A. Federal Reserve Bank of St. Louis 30309:
9300 East Hampton Drive, Capitol (Glenda Wilson, Community Affairs 1. North Alabama Bancshares, Inc.; to
Heights, Maryland 20743. If sent by Officer) 411 Locust Street, St. Louis, become a bank holding company by
first-class, Express, or Priority mail, the Missouri 63166–2034: acquiring 100 percent of the voting
response should be sent to Diana Lee, 1. Loreen N. Spragg, Rogersville, shares of North Alabama Bank, both of
Attorney Advisor, Investigations and Missouri, individually and as successor Hazel Green, Alabama.
Hearings Division, Enforcement Bureau, trustee of the Revocable Trust of Robert B. Federal Reserve Bank of St. Louis
Federal Communications Commission, M. Spragg; to retain voting shares of (Glenda Wilson, Community Affairs
445 12th Street, SW., Room 4–C330, Citizens National Bancorp, Inc., and Officer) 411 Locust Street, St. Louis,
Washington, DC 20554, with a copy to thereby indirectly retain voting shares of Missouri 63166–2034:
Vickie Robinson, Assistant Chief, Citizens National Bank of Springfield, 1. First Community Bancshares, Inc.,
Investigations and Hearings Division, both of Springfield, Missouri. Batesville, Arkansas; to acquire 100
Enforcement Bureau, Federal Board of Governors of the Federal Reserve percent of the voting shares of Goodman
Communications Commission, 445 12th System, March 5, 2008. State Bank, Goodman, Missouri.
Street, SW., Room 4–C330, Washington, Robert deV. Frierson, C. Federal Reserve Bank of Dallas
DC 20554. You shall also transmit a Deputy Secretary of the Board. (W. Arthur Tribble, Vice President) 2200
copy of the response via e-mail to [FR Doc. E8–4620 Filed 3–7–08; 8:45 am] North Pearl Street, Dallas, Texas 75201–
diana.lee@fcc.gov and to 2272:
BILLING CODE 6210–01–S
vickie.robinson@fcc.gov. 1. Commerce Financial Corporation,
If you have any questions, please Corpus Christi, Texas; to become a bank
contact Ms. Lee via mail, by telephone FEDERAL RESERVE SYSTEM holding company by acquiring 100
at (202) 418–1420 or by e-mail at percent of the voting shares of Security
diana.lee@fcc.gov. If Ms. Lee is Formations of, Acquisitions by, and State Bancshares, Inc., and thereby
unavailable, you may contact Ms. Vickie Mergers of Bank Holding Companies indirectly acquire voting shares of
Robinson, Assistant Chief, Security State Bank, both of Stockdale,
The companies listed in this notice Texas.
Investigations and Hearings Division, by have applied to the Board for approval,
telephone at (202) 418–1420 and by e- 2. Red River Bancorp, Inc.,
pursuant to the Bank Holding Company Gainesville, Texas; to merge with Saint
mail at vickie.robinson@fcc.gov. Act of 1956 (12 U.S.C. 1841 et seq.) Jo Bancshares, Inc., and thereby
Trent B. Harkrader, (BHC Act), Regulation Y (12 CFR Part indirectly acquire voting shares of First
Deputy Chief, Investigations and Hearings 225), and all other applicable statutes National Bank of Saint Jo, both of Saint
Division, Enforcement Bureau. and regulations to become a bank Jo, Texas, and First Financial Company
cc: Kristy Carroll, Esq., Universal holding company and/or to acquire the of Saint Jo, Dover, Delaware.
Service Administrative Company assets or the ownership of, control of, or
the power to vote shares of a bank or Board of Governors of the Federal Reserve
(via e-mail) Anthony E. Kaplan, System, March 5, 2008.
Esq., Supervisory Assistant United bank holding company and all of the
banks and nonbanking companies Robert deV. Frierson,
States Attorney Calvin B. Kurimai, Deputy Secretary of the Board.
Esq., Assistant United States owned by the bank holding company,
including the companies listed below. [FR Doc. E8–4619 Filed 3–7–08; 8:45 am]
Attorney
The applications listed below, as well BILLING CODE 6210–01–S
[FR Doc. E8–4588 Filed 3–7–08; 8:45 am]
as other related filings required by the
BILLING CODE 6712–01–P
Board, are available for immediate
inspection at the Federal Reserve Bank FEDERAL RETIREMENT THRIFT
indicated. The applications also will be INVESTMENT BOARD
FEDERAL RESERVE SYSTEM available for inspection at the offices of
the Board of Governors. Interested Sunshine Act; Notice of Meeting
Change in Bank Control Notices;
persons may express their views in
Acquisition of Shares of Bank or Bank TIME AND DATE: 9 a.m. (Eastern Time),
writing on the standards enumerated in
Holding Companies March 17, 2008.
the BHC Act (12 U.S.C. 1842(c)). If the
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The notificants listed below have proposal also involves the acquisition of PLACE: 4th Floor Conference Room,
applied under the Change in Bank a nonbanking company, the review also 1250 H Street, NW., Washington, DC
Control Act (12 U.S.C. 1817(j)) and includes whether the acquisition of the 20005.
§ 225.41 of the Board’s Regulation Y (12 nonbanking company complies with the STATUS: Parts will be open to the public
CFR 225.41) to acquire a bank or bank standards in section 4 of the BHC Act and parts closed to the public.

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