*Pages 1--2 from Microsoft Word - 6732.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 01- 365 February 12, 2001 AGL NETWORKS, LLC Seeks Commission Determination of "Exempt Telecommunications Company" Status Under the Public Utility Holding Company Act NSD File No: ETC 01- 02 Pleading Cycle Established Comments Due: February 22, 2001 Reply Comments Due: March 1, 2001 On January 11, 2001, AGL Networks, LLC (“ AGL Networks”), 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"). The application states that AGL Networks is a wholly owned subsidiary of AGL Resources Inc., a public company organized under the laws of the state of Georgia and a public utility holding company registered under the 1935 Act. AGL Networks is an associate company within the meaning of Section 2( a)( 10) of the 1935 Act of the following public ut ility companies: Atlanta Gas Light Company, Chattanooga Gas Company and Virginia Natural Gas, Inc. The application states that AGL Networks is and will be engaged directly or indirectly through one or more “affiliates” (as defined in PUCHA Section 2 (a)( 11)( B), exclusively 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 PUCHA Section 34( a)( 1). 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 by March 12, 2001, 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 from January 11, 2001, 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 an exempt telecommunications company. In the event that the Commission issues an order within 60 days of receipt of the News media information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 Internet: http:// www. fcc. gov TTY 202 / 418- 2555 1 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 February 22, 2001. All comments should also be served on the Applicants. Reply comments must be filed no later than March 1, 2001. 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 Carmell Weathers, 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 number, ETC 01- 02. 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, International Transcription Service, Inc. (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 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 the NSD web site: http:// www. fcc. gov/ ccb/ nsd/ documents/ ETC. html. -FEDERAL COMMUNICATIONS COMMISSION- 2