*Pages 1--2 from Microsoft Word - 2202.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 00- 1451 June 29, 2000 4- DTV Corporation Seeks Commission Determination of "Exempt Telecommunications Company" Status Under the Public Utility Holding Company Act NSD File No: ETC 00- 22 Pleading Cycle Established Comments Due: July 19, 2000 Reply Comments Due: July 26, 2000 On June 14, 2000, 4- DTV Corporation (“ 4- DTV” or “Applicant”), pursuant to section 34( a)( 1) of the Public Utility Holding Company Act of 1935 (" PUHCA"), as added by section 103 of the Telecommunications Act of 1996, Pub. L. No. 104- 104, filed an application requesting a Commission determination that it is an exempt telecommunications company (" ETC"). 4- DTV is a Nevada corporation that is a wholly owned subsidiary of Broadband Concepts Corporation and a direct subsidiary of Genesistank. COM Corporation, both Nevada Corporations. 4- DTV states it will be engaged directly or indirectly through one or more “affiliates” (as defined in PUHCA Section 2( a)( 11)), exclusively in the business of providing telecommunications services, information services, other services or products or services that are related or incidental to the jurisdiction of the Commission and/ or products or services that are related or incidental to the provision of such products or services within the meaning of PUHCA Section 34 (a)( 1). 4- DTV’s application states that it will conduct all of the activities described in this application in conformance with section 34 (b) of the PUHCA, as amended by Section 103 of the 1996 ACT, and in accordance with the requirements of the Communications Act of 1934, as amended, and the applicable rules, orders, and requirements of the Commission. Specifically, 4- DTV states it intends to offer Broadband Internet service, products, and other information- on-demand services through affiliated or non- affiliated companies. 4- DTV states it will establish, develop, operate, and maintain a terabit Point of Presence (“ terapop”) facility in providing broadband Next Generation Internet (“ NextG”) Ipv6 information services through utility company wireless and landlines. 4- DTV intends to offer common carrier services to Enhanced Service Providers (“ ESPs”) providing broadband Internet, telephony, DTV video and advanced Infocast on demand services. 4- DTV states it will offer technical and administrative services to enable its broadband information service customers to install and utilize network interface equipment to News media information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 Internet: http:// www. fcc. gov TTY 202 / 418- 2555 1 enable access to 4- DTV broadband Internet services. In the future, 4- DTV may provide other broadband enhanced services such as Infolded 4D Electro Magnetic Field transmission services and other advanced telecommunications services as permitted by section 103 of the Telecommunications Act of 1996, when such opportunities arise and in a manner consistent with PUHCA, as amended, and other laws and regulations. In accordance with 47 C. F. R. section 1.5004, if the Commission does not issue an order denying an ETC application within 60 days of receipt of the application, in this case, June 14, 2000, the application will be deemed granted as a matter of law. In accordance with 47 C. F. R. section 1.5003, a person applying in good faith for a Commission determination of ETC status is deemed to be an ETC from the date of receipt of the application, in this case, June 14, 2000, until the date of Commission action pursuant to 47 C. F. R. section 1.5004. In accord with 47 C. F. R. section 1.5005, the Secretary of the Commission is now notifying the Securities and Exchange Commission (SEC) that the Applicant is deemed to be exempt telecommunications company. In the event that the Commission issues an order within 60 days of receipt of the application denying the application, the Secretary will so notify the SEC. Otherwise, the Commission will take no further action to grant this application. This proceeding is considered a "permit but disclose" proceeding for purposes of the Commission's ex parte rules. See generally 47 C. F. R. sections 1.1200 - 1.1206. Persons wishing to file comments, regarding the adequacy or accuracy of the Applicant’s application requesting status as an ETC, must do so no later than July 19, 2000. All comments should also be served on the Applicant. Reply comments must be filed no later than July 26, 2000. Interested parties should file an original and four copies of their comments with the Office of the Secretary, Federal Communications Commission, 445 Twelfth St., SW, Room TW- A325, Washington, D. C. 20554. In addition, parties should send one copy to ITS, at 1231 20th Street, NW, Washington, D. C. 20036 and two copies to Al McCloud, Common Carrier Bureau, Network Services Division, FCC, 445 12th Street, SW, Room 6- A320, Washington, D. C. 20554. All filings concerning any of the matters referenced in this Public Notice should refer to NSD File No. ETC 00- 22. The application will be available for public inspection Monday through Friday in the FCC Reference Center, Portals II, 445 12th Street, SW, Suite CY- A257, Washington, D. C., 20554, (202) 418- 0267. For further information, contact Al McCloud, (202) 418- 2499 (voice), amccloud@ fcc. gov or Mart y Schwimmer, (202) 418- 2320 (voice), mschwimm@ fcc. gov, of the Network Services Division, Common Carrier Bureau. The TTY number is (202) 418- 0484. You may also find more information about Exempt Telecommunications Companies at our website: http:// www. fcc. gov/ ccb/ nsd/ documents/ ETC. html. -FEDERAL COMMUNICATIONS COMMISSION- 2