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Federal Register / Vol. 72, No.

245 / Friday, December 21, 2007 / Notices 72723

including those of NECA, contractors, auditors, as required by 47 CFR FEDERAL COMMUNICATIONS


and consultants working on behalf of 54.516(a) 3 and 47 CFR 54.619(a).4 COMMISSION
the beneficiaries to the Commission’s Contributors. The R&O also requires [EB Docket No. 07–264; DA 07–4675]
Office of Inspector General (‘‘OIG’’), to contributors to the Universal Service
the USF Administrator, and to their Fund to retain all documents and Lonnie L. Keeney, Amateur Radio
auditors. See 47 CFR 54.202(e).1 records, e.g., financial statements and Operator and Licensee of Amateur
Low-income program. With respect to supporting documentation, etc., that Radio Station KB9RFO
the two low-income universal service they may require to demonstrate to AGENCY: Federal Communications
programs Lifeline and Link-Up, the FCC auditors that their contributions were Commission.
has concluded that it should maintain made in compliance with the program ACTION: Notice.
the current two-tiered document rules, assuming that audits are
retention requirements. Participating conducted within 5 years. The FCC SUMMARY: This document commences a
service providers must retain a record clarifies that contributors must make hearing proceeding by directing Lonnie
verifying the eligibility of a recipient of available all documents and records that L. Keeney, Amateur Radio Operator and
the program for as long as the recipient pertain to them, including those of Licensee of Amateur Radio Station
continues to receive supported service contractors and consultants working on KB9RFO, to show why the license of
and three years more, and to make it their behalf, to the Commission’s OIG, Amateur Radio Station KP9FO should
available in conjunction with any audit to the USF Administrator, and to their not be revoked and whether, in light of
to which it may be relevant. However, a felony conviction against him, he
auditors.
the R&O removes the clause that waives remains qualified to be a Commission
the requirement to retain documentation Connectivity. The FCC will require licensee.
of eligibility once an audit is completed. the USF Administrator to work with the
DATES: Petitions by persons desiring to
The FCC also clarifies that beneficiaries Commission’s Wireline Competition participate as a party in the hearing,
must make available all documentation Bureau to modify the relevant FCC pursuant to 47 CFR 1.223, may be filed
and records that pertain to them, Forms or to create additional questions no later than 30 days after publication
including those of contractors and for USF program participants to of this notice in the Federal Register.
consultants working on their behalf, to determine more accurately how schools See SUPPLEMENTARY INFORMATION section
the Commission’s OIG, to the USF and libraries connect to the Internet and for dates that named parties should file
Administrator, and to auditors working their precise levels of connectivity. appearances.
on their behalf. See 47 CFR 54.417(a).2 These new and revised information ADDRESSES: Please file documents with
Rural health care and schools and collection requirements, which include the Investigations and Hearings
libraries programs. The FCC maintains document retention and recordkeeping Division, Enforcement Bureau, Federal
the current requirement that rural health requirements, etc., will affect numerous Communications Commission, Room 4–
care providers and schools and libraries information collections that the FCC C330, 445 12th Street, NW.,
must retain their records, which currently maintains. Once OMB Washington, DC 20554.
evidence that the funding they receive approves these requirements, the FCC FOR FURTHER INFORMATION CONTACT: Judy
was proper, for 5 years. In addition, this will begin to update these information Lancaster, Investigations and Hearings
requirement will now also apply to collections as required by the rules Division, Enforcement Bureau at (202)
those service providers that receive adopted in this R&O. 418–1420; Jennifer A. Lewis, Assistant
support for serving rural health care Chief, Investigations and Hearings
Federal Communications Commission. Division, Enforcement Bureau at (202)
providers. Furthermore, the FCC
Marlene H. Dortch, 418–1420.
clarifies that beneficiaries must make
available all documents and records that Secretary. SUPPLEMENTARY INFORMATION: This is a
pertain to them, including those of [FR Doc. E7–24794 Filed 12–20–07; 8:45 am] summary of the Order to Show Cause,
contractors and consultants, working on BILLING CODE 6712–01–P DA 07–4675, released November 20,
their behalf, to the Commission’s OIG, 2007. The full text of the Order to Show
to the USF Administrator, and to their 3 47 CFR § 54.516(a) Recordkeeping Cause is available for inspection and
requirements—(1) Schools and libraries. Schools copying from 8 a.m. until 4:30 p.m.,
1 47 CFR § 54.202(e): All eligible
and libraries shall retain all documents related to Monday through Thursday or from 8
the application for, receipt, and delivery of a.m. until 11:30 a.m. on Friday at the
telecommunications carriers shall retain all records
discounted telecommunications and other
required to demonstrate to auditors that the support
supported services for at least 5 years after the last FCC Reference Information Center,
received was consistent with the universal service Room CY–A257, 445 12th Street, SW.,
high-cost program rules. These rules should include day of the service delivered in a particular Funding
the following: data supporting line count filings; Year. Any other document that demonstrates Washington, DC 20554. The complete
historical customer records; fixed asset property compliance with the statutory or regulatory text may be purchased from the
requirements for the schools and libraries
accounting records; general ledgers; invoice copies
mechanism shall be retained as well. Schools and
Commission’s copy contractor, Best
for the purchase and maintenance of equipment; Copy and Printing, Inc. (BCPI), Portals
maintenance contracts for the upgrade or libraries shall maintain asset and inventory records
equipment; and any other relevant documentation. of equipment purchased as components of II, 445 12th Street, NW., Room CY–
This documentation must be maintained for at least supported internal connections services sufficient B402, Washington, DC 20554, telephone
five years from the receipt of funding. to verify the actual location of such equipment for (202) 488–5300, facsimile (202) 488–
2 47 CFR § 54.417(a): Eligible telecommunications a period of five years after purchase.
4 47 CFR § 54.619(d) Service providers. Service
5563, or you may contact BCPI at the
carriers must maintain records to document
compliance with all Commission and state providers shall retain documents related to the Web site: http://www.BCPIWEB.com.
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requirements governing the Lifeline/Link Up delivery of discounted telecommunications and When ordering documents for BCPI,
programs for the three full years preceding calendar other supported services for at least five years after please provide the appropriate FCC
years and requiring carriers to retain documentation the last day of the delivery of discounted services. document number, FCC 06–124. The
for as long as the customer receives Lifeline service Any documentation that demonstrates compliance
from the ETC or until audited by the Administrator with the statutory or regulatory requirements for the
Order is also available on the Internet at
and provide that documentation to the Commission rural health care mechanism shall be retained as the Commission’s Web site through its
or Administrator upon request * * *. well. Electronic Document Management

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72724 Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Notices

System (EDOCS): http:// to be and to remain a Commission prior to each regularly scheduled date
hraunfoss.fcc.gov/edocs-public/ licensee; and (c) to determine in light of on which they receive Federal matching
SilverStream/Pages/edocs.html. the evidence adduced pursuant to the funds, on dates set forth in the
Alternative formats are available to foregoing issues, whether his Amateur Supplementary Information below.
persons with disabilities (Braille, large Radio License KP9FRO should be FOR FURTHER INFORMATION CONTACT: Ms.
print, electronic files, audio format); revoked. Wanda Thomas, Audit Division, 999 E
send an e-mail to fcc504@fcc.gov or call Copies of the Order to Show Cause Street, NW., Washington, DC 20463,
the Consumer and Governmental Affairs were sent by certified mail, return (202) 694–1200 or (800) 424–9530.
Bureau at 202–418–0530 (voice), (202) receipt requested, to Lonnie L. Keeney.
SUPPLEMENTARY INFORMATION:
418–0432 (TTY). To avail himself of the opportunity to be
Summary of the Order: In the Order heard, Lonnie L. Keeney, pursuant to Matching Fund Submissions
to Show Cause, the Commission section 1.91(c) and section 1.221 of the Presidential candidates eligible to
commences a hearing proceeding to Commission’s rules, 47 CFR 1.91(c) and receive Federal matching funds may
determine the effect of Mr. Keeney’s 47 CFR 1.221, in person or by his present submissions and/or
felony conviction(s) on his attorney, must within 30 days of the resubmissions to the Federal Election
qualifications to be and to remain a release of this Order, file in triplicate a Commission once a month on
Commission licensee and, in light of the written notice of appearance stating an designated submission dates. The
evidence adduced pursuant to the intention to appear on the date fixed for Commission will review the
foregoing issue, whether Mr. Keeney is the hearing and present evidence on the
qualified to be and to remain a submissions/resubmissions and forward
issues specified in this Order. Lonnie L. certifications for eligible candidates to
Commission licensee. Keeney pursuant to section 73.3594 of
The Commission received a compliant the Secretary of Treasury. Because no
the Commission’s rules, 47 CFR payments can be made during 2007,
alleging that Mr. Keeney had been 73.3594, shall give notice of the hearing
convicted of felony child molestation. submissions received during 2007 will
within the time and in the manner be certified in late December 2007, for
The Commission conducted an prescribed in 47 CFR 73.3594, and shall
investigation and determined that, in payment in 2008. 11 CFR 9036.2(c).
advise the Commission of the Treasury Department regulations require
2002, Mr. Keeney was charged in the publication of such notice as required
Criminal Division of the Putnam Circuit that funds for the convention and
by 47 CFR 73.3594(g). general election grants be set aside
Court, State of Indiana, with two counts
of child molestation in violation of Federal Communications Commission. before any matching fund payments are
Indiana Code section 35–42–4–3, a Class Hillary DeNigro, made. Information provided by the
A felony, and section 35–42–4–3, a Chief Investigations and Hearings Division, Treasury Department shows the balance
Class C felony. Pursuant to a plea Enforcement Bureau. in the fund as of October 31, 2007 was
agreement, Mr. Keeney pled guilty to [FR Doc. 07–6175 Filed 12–20–07; 8:45 am] $165,383,063 and the Commission
one count of felony child molestation, BILLING CODE 6712–01–M estimates that no funds will be available
and, on December 10, 2002, was for matching payments in January 2008.
sentenced by the Putnam Circuit Court As deposits are made from tax returns
to six years of incarceration with the FEDERAL ELECTION COMMISSION in the early months of 2008, matching
Indiana Department of Corrections. The fund payments will be made from those
[Notice 2007–27] deposits until all certified amounts have
Court ordered that Mr. Keeney serve one
year of the sentence with credit for 35 been paid. During 2008 and 2009,
2008 Presidential Candidate Matching certifications will be made on a monthly
days already served, and suspended the Fund Submission Dates and Post Date
remaining five years of that sentence, basis. The last date a candidate may
of Ineligibility Dates To Submit make a submission is March 2, 2009.
but placed Mr. Keeney on supervised Statements of Net Outstanding
probation for five years. Mr. Keeney The submission dates specified in the
Campaign Obligations; (Authority: 11 following list pertain to non-threshold
remains on probation. CFR 9036.2; 11 CFR 9034.5)
The Commission determined that Mr. matching fund submissions and
Keeney’s felony conviction raises a AGENCY: Federal Election Commission. resubmissions after the candidate
substantial and material question of fact ACTION: Notice of matching fund establishes eligibility. The threshold
as to his qualifications to be and to submission dates and submission dates submission on which that eligibility
remain a Commission licensee and may for statements of net outstanding will be determined may be filed at any
warrant revocation of the license of campaign obligations for 2008 time and will be processed within
Amateur Station KP9RFO. Thus, presidential candidates. fifteen business days, unless review of
pursuant to sections 312(a) and 312(c) of the threshold submission determines
the Communications Act of 1934, as SUMMARY: The Federal Election that eligibility has not been met.
amended, 47 U.S.C. 312(a) and (c) and Commission is publishing matching
section 1.91 of the Commission’s rules, fund submission dates for publicly NOCO Submissions
47 CFR 1.91, the Order to Show Cause funded 2008 presidential primary Under 11 CFR 9034.5, a candidate
directs Lonnie L. Keeney to show cause candidates. Eligible candidates may who received Federal matching funds
why the license of Amateur Radio present one submission and/or must submit a NOCO statement to the
Station KP9FRO should not be revoked, resubmission per month on the Commission within 15 calendar days
upon the following issues: (a) To designated date. The Commission is also after the candidate’s date of ineligibility,
determine the effect of Lonnie L. publishing the dates on which publicly as determined under 11 CFR 9033.5.
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Keeney’s felony conviction(s) on his funded 2008 presidential primary The candidate’s net outstanding
qualifications to be and to remain a candidates must submit their statements campaign obligations is equal to the
Commission licensee; and (b) to of net outstanding campaign obligations total of all outstanding obligations for
determine, in light of the evidence (‘‘NOCO statements’’) after their dates of qualified campaign expenses plus
adduced pursuant to the foregoing issue, ineligibility (‘‘DOI’’). Candidates are estimated necessary winding down
whether Lonnie L. Keeney is qualified required to submit a NOCO statement costs less cash on hand, the fair market

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