*Pages 1--4 from Microsoft Word - 9874.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 01- 1534 June 28, 2001 ECP TELECOMMUNICATIONS HOLDINGS, LLC SEEKS COMMISSION DETERMINATION OF "EXEMPT TELECOMMUNICATIONS COMPANY" STATUS UNDER THE PUBLIC UTILITY HOLDING COMPANY ACT NSD File No: ETC 01- 12 Pleading Cycle Established Comments Due: July 6, 2001 Reply Comments Due: July 13, 2001 On May 3, 2001, ECP Telecommunications Holdings, LLC (ECP Holdings or Applicant), located at 2301 Market Street, S8- 4, P. O. Box 8699, Philadelphia, PA 19101- 8699, pursuant to section 34( a)( 1) of the Public Utility Holding Company Act of 1935 (PUHCA), 15 U. S. C. §§ 79 et seq., as amended by section 103 of the Telecommunications Act of 1996 (the 1996 Act), Pub. L. No. 104- 104, filed an application requesting a determination by the Federal Communications Commission (FCC or Commission) that it is an “exempt telecommunications company” (ETC). On May 18, 2001, Applicant filed an amendment to its original application, clarifying the extent of its holdings. Applicant indicates that it is a limited liability company organized on May 2, 2001, pursuant to the laws of the state of Delaware, and it is wholly owned by Exelon Capital Partners, Inc., a Delaware corporation located at 2301 Market Street, S8- 4, P. O. Box 8699, Philadelphia, PA 19101- 8699. Exelon Capital Partners, Inc., is a wholly owned subsidiary of Exelon Corporation, a registered holding company under PUHCA. ECP Holdings explains that it is not a direct provider of communications, information or other services to the public; rather, it either directly or indirectly invests in communications companies, information services companies, companies that provide other products or services subject to the Commission’s jurisdiction, and companies that provide products or services that are related or incidental to the foregoing. The application also states that ECP Holdings exclusively, as provided in section 1.50029a)( 2) of the Commission’s rules, is engaged directly, or indirectly, wherever located, through one or more affiliates, as defined in Section 2( a)( 11)( B) of PUHCA, in the business of providing telecommunications services; information services; other services or products subject 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 Section News media information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 Internet: http:// www. fcc. gov TTY 202 / 418- 2555 1 2 34( a)( 1) of PUHCA. According to its application as amended, Applicant holds either a direct or indirect interest in and serves as the parent company for the following entities: a. Media Station, Inc., a corporation organized pursuant to the laws of the state of Michigan, and located at 2705 South Industrial Highway, Suite 100, Ann Arbor, MI 48104. This corporation provides on- demand interactive software media over broadband networks to multiple users; b. Energy Trading Company, a corporation organized pursuant to the laws of the state of Delaware, and located at 227 West Monroe Street, Chicago, IL 60606. The application states that Energy Trading “holds an investments [sic]” in Entrade, Inc., as described below in paragraph “c”; c. Entrade, Inc., a Pennsylvania corporation located at 500 Central Avenue, Northfield, IL 60093. The company is a business- to- business Internet e- commerce solution provider of asset and inventory related functions; d. Pantellos Corporation, a Delaware corporation (no address given) providing e- supply-chain solutions to electric, natural gas distribution, natural gas pipeline, and other businesses in the energy sector; e. Exotrope, Inc., a Delaware corporation located at 150 Main Street, Elmira, NY 14901, developing neural networks for Internet software applications, including an artificial intelligence, image- recognition program that identifies and blocks objectionable images on the Internet. Exotrope has also developed two Internet search engines, and operates a local Internet service provider (ISP); f. Neon Communications, Inc., a Delaware corporation located 2200 West Park Drive, Westborough, MA 01581, that owns a fiber optic network linking metropolitan areas in the Mid- Atlantic and New England regions, and also leases its fiber optic capacity to other telecommunications carriers; g. OmniChoice. com, Inc., a Delaware corporation located at 950 West Valley Road, Suite 3104, Wayne, PA 19087, that is an Internet- based utility services agent company, primarily serving small business and residential customers; h. Permits Now, a Maryland corporation located at 15200 Shady Grove Road, Suite 350, Rockville, MD 28050, developing Internet software enabling the electronic filing of governmental and regulatory permits and applications; i. VITTS Network Group Inc., a Delaware corporation located at 77 Sundial Avenue, Manchester, NH 03103, that is a packet- based, data oriented, competitive local exchange carrier (CLEC) that also provides network management services to commercial customers; 2 3 j. Corvis Corporation, a Delaware corporation located at 7015 Albert Einstein Drive, Columbia, MD 21046, that designs, manufactures, and markets products that enable the transmission, switching and management of communications traffic entirely in the optical domain; k. Everest Broadband Networks, Inc., a Delaware corporation located at One Executive Drive, Suite 170, Fort Lee, NJ 07024, providing a range of high- speed Internet access, long- distance telephone service, digital broadcast satellite television, and related broadband services in multi- tenant commercial and residential buildings and hotels; l. Planalytics, Inc., a Pennsylvania corporation located at 1325 Morris Drive, Suite 201, Wayne, PA 19087- 5521. According to the application, Planalytics is a supply chain planning portal that utilizes the Internet to enhance supply chain management and enable its clients to prospectively address external factors that influence customer demand; m. SmartSynch, Inc., a Delaware corporation located at 805 South Wheatley, Suite 220, Ridgeland, MS 39157, providing end- to- end data solutions designed to establish two- way connectivity through public wireless and landline telecommunication networks between the utility and its electric meters located at customer facilities; and n. Corechange, Inc., a Delaware corporation located at 260 Franklin Street, Suite 1890, Boston, MA 02110, developing e- business access framework software for deploying portals for all types, including corporate, community, marketplace and mobile commerce portals. These portals enable employees of its clients to access key information and applications via telecommunications. The Application indicates ECP Holdings may invest, either directly or indirectly, in companies providing other types of telecommunications services, information services, or other products or services that are permissible under Section 34( a)( 1) of PUHCA. ECP Holdings states that it will inform the Commission of any subsequent investment involving a “material change in facts” that may affect its eligibility for ETC status. In accordance with section 1.5004 of the Commission’s rules, if the Commission does not issue an order denying an ETC application within 60 days of receipt of an application, in this case July 17, 2001, the application will be deemed granted as a matter of law. 47 C. F. R § 1. 5004. In accordance with 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 May 18, 2001, until the date of Commission action pursuant to section 1.5004. 47 C. F. R § 1.5003. In accordance with section 1.5005, the Secretary of the Commission is now notifying the Securities and Exchange Commission (SEC) that the Applicant is deemed to be an ETC. 47 C. F. R. § 1.5005. In the event that the Commission issues an order denying the application within 60 days of its receipt, 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. §§ 1.1200 - 1.1206. Persons wishing to file comments regarding the adequacy or accuracy of ECP Telecommunications Holdings, LLC’s 3 4 application requesting status as an ETC must do so no later than July 6, 2001. Reply comments must be filed no later than July 13, 2001. All filings concerning any of the matters referenced in this Public Notice should refer to NSD file number ETC 01- 12. All comments should also be served on the Applicant. Interested parties should file an original and four copies of their comments with the Office of the Secretary, Federal Communications Commission, 445 12 th St., SW, Room TW- A325, Washington, D. C. 20554. In addition, parties should send one copy to International Transcription Service, Inc. (ITS), at 1231 20 th Street, NW, Washington, D. C. 20036 and two copies to Carmell Weathers, Common Carrier Bureau, Network Services Division, FCC, 445 12 th Street, SW, Room 6- A207, Washington, D. C. 20554. The application will be available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12 th Street, SW, Room CY- A257, Washington, DC 20554. The application may also be purchased from the Commission’s copy contractor, ITS, 1231 20 th Street, NW, Washington, DC 20036, telephone (202) 857- 3800, facsimile (202) 857- 3805, TTY (202) 293- 8810. For further information, contact Carmell Weathers, (202) 418- 2325 (voice), cweather@ fcc. gov or Jon Minkoff, (202) 418- 2353 (voice), jminkoff@ 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 the Network Services Division website: http:// www. fcc. gov/ ccb/ nsd/ documents/ ETC. html. -FEDERAL COMMUNICATIONS COMMISSION- 4