WASHINGTON, DC 20554 FEDERAL COMMUNICATIONS COMMISSION Enforcement Bureau Investigations and Hearings Division July 20, 2012 DA 12-1171 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED AND E-MAIL Ms. Gloria F. Harper c/o Ms. Cynthia Marie Cimino Federal Public Defender Hale Boggs Federal Building 500 Poydras St., Room 318 New Orleans, LA 70130 Re: Notice of Debarment File No. EB-12-IH-0400 Dear Ms. Harper: The Federal Communications Commission (Commission) hereby notifies you that, pursuant to Section 54.8 of its rules, you are prohibited from participating in the schools and libraries universal service support mechanism (E-Rate program) for three years from either the date of your receipt of this Notice of Debarment, or of its publication in the Federal Register, whichever is earlier in time (Debarment Date).1 On March 22, 2012, the Commission’s Enforcement Bureau (Bureau) sent you a Notice of Suspension and Initiation of Debarment Proceeding (Notice of Suspension)2 that was published in the Federal Register on April 23, 2012.3 The Notice of Suspension suspended you from participating in activities associated with or relating to the E-Rate program. It also described the basis for initiating debarment proceedings against you, the applicable debarment procedures, and the effect of debarment. As discussed in the Notice of Suspension, in June 2011 you pled guilty to conspiring with others to fraudulently obtain $4.5 million in E-Rate contracts through your companies, 1 47 C.F.R. § 54.8(g). See also 47 C.F.R. § 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). 2 Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Ms. Gloria F. Harper, Notice of Suspension and Initiation of Debarment Proceeding, 27 FCC Rcd 2888 (Enf. Bur. 2012) (Attachment 1). 3 77 Fed. Reg. 24202 (Apr. 23, 2012). Ms. Gloria F. Harper July 20, 2012 Page 2 Computer Training and Associates and Global Networking Technologies.4 In addition, you admitted to bribing school officials in exchange for control of the E-Rate application and competitive bidding process.5 Your fraudulent scheme adversely affected 20 schools and school districts located throughout six states.6 Pursuant to Section 54.8(c) of the Commission’s rules, your conviction of criminal conduct in connection with the E-Rate program is the basis for this debarment.7 In accordance with the Commission’s debarment rules, you were required to file with the Commission any opposition to your suspension or its scope, or to your proposed debarment or its scope, no later than 30 calendar days from either the date of your receipt of the Notice of Suspension or of its publication in the Federal Register, whichever date occurred first.8 The Commission did not receive any such opposition. For the foregoing reasons, you are debarred from participating in the E-Rate program for three years from the Debarment Date.9 During this period, you are excluded from participating in any activities associated with or related to the E-Rate program, including the receipt of funds or discounted services through the E-Rate program, or consulting with, assisting, or advising applicants or service providers regarding the E-Rate program.10 Sincerely, Theresa Z. Cavanaugh, Chief Investigations and Hearings Division Enforcement Bureau cc: Johnnay Schrieber, Universal Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via e-mail) Juan Rodriguez, Antitrust Division, United States Department of Justice (via e-mail) Stephanie Toussaint, Antitrust Division, United States Department of Justice (via e-mail) 4 United States v. Gloria F. Harper, Criminal Docket No. 2:10-cr-00326-CJB-ALC, Plea Agreement at 3-5 (E.D. La. entered June 6, 2011). 5 Id. at 4. 6 Id. at 5. See Appendix. 7 47 C.F.R. § 54.8(c). 8 47 C.F.R. §§ 54.8(e)(3), (4). Any opposition had to be filed no later than April 21, 2012. 9 Id. §§ 54.8(e)(5), (g). 10 Id. §§ 54.8(a)(1), (5), (d). Appendix Schools and School Districts1 City and State All Saints School New Orleans, LA St. Augustine High School New Orleans, LA St. David School New Orleans, LA St. Monica School New Orleans, LA Gould Public School District Gould, AR Holly Grove Public School District Holly Grove, AR Antioch Center – St. Stephen’s Lutheran Church Antioch, IL Fairfield Center Round Lake Beach, IL Ingleside Center – Ingleside United Methodist Church Ingleside, IL St. Mary’s Center – Libertyville Covenant Church Libertyville, IL Waukegan Center Waukegan, IL Zion Center – Zion Benton High School Zion, IL Niles Terrace Center Waukegan IL Wilmer – Hutchins Independent School District Dallas, TX Innovation Child Development Center Tallahassee, FL Innovation School of Excellence Tallahassee, FL Capital City School (also known as Covenant Academy Preparatory School) Tallahassee, FL Whole Word Christian Academy Miami, FL Twin Buttes Elementary School Halliday, N.D. White Shield School Roseglen, N.D. 1 United States v. Gloria F. Harper, Criminal Docket No. 2:10-cr-00326-CJB-ALC, Factual Basis at 2–3.