February 8, 2013 DA 13-184 SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND EMAIL Ms. Denisa Babcock c/o Leon Fred Spies Mellon & Spies 312 E. College Street, Suite 216 Iowa City, IA 52240 Re: Notice of Debarment FCC File No. EB-12-IH-1396 Dear Ms. Babcock: The Federal Communications Commission (Commission) hereby notifies you that, pursuant to Section 54.8 of its rules, you are prohibited from participating in activities associated with or relating to 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 October 10, 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 November 9, 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, on May 11, 2011, you pled guilty to converting more than $1,000,000 from various school districts for your personal use from November 2005 through December 2009. 4 That amount included approximately $49,000 in E-Rate checks payable to the school districts you represented through your E-Rate consulting company, Camanche Consulting Services (CCS). 5 Pursuant to Section 54.8(c) of the Commission’s rules, your 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, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission to Denisa Babcock, Notice of Suspension and Initiation of Debarment Proceeding, 27 FCC Rcd 12311 (Enf. Bur. 2012) (Attachment 1) (Suspension Notice). 3 77 Fed. Reg. 67363 (Nov. 9, 2012). 4 Suspension Notice, 27 FCC Rcd at 12312. 5 Id. WASHINGTON, DC 20554 FEDERAL COMMUNICATIONS COMMISSION Enforcement Bureau Investigations and Hearings Division Ms. Denisa Babcock February 8, 2013 Page 2 conviction of criminal conduct in connection with the E-Rate program is the basis for this debarment. 6 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. 7 The Commission did not receive any such opposition from you. For the foregoing reasons, you are debarred from participating in activities associated with or related to the E-Rate program for three years from the Debarment Date. 8 During this debarment 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. 9 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) Maureen McGuire, United States Attorney’s Office, Southern District of Iowa (via e-mail) Richard Westphal, United States Attorney’s Office, Southern District of Iowa (via e-mail) 6 47 C.F.R. § 54.8(c). 7 47 C.F.R. §§ 54.8 (e)(3), (4). Any opposition had to be filed no later than November 9, 2012. 8 Id. §§ 54.8(e)(5), (g). 9 Id. §§ 54.8(a)(1), (5), (d).