*Pages 1--2 from Microsoft Word - 5971.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 01- 94 January 12, 2001 eVent (Triple Point) LLC. Seeks Commission Determination of "Exempt Telecommunications Company" Status Under the Public Utility Holding Company Act NSD File No: ETC 00- 52 Pleading Cycle Established Comments Due: January 30, 2001 Reply Comments Due: February 6, 2001 On December 15, 2000, eVent (Triple Point) LLC., a Delaware limited liability company (“ 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"). The application states that eVent (Triple Point) LLC is an indirect subsidiary of Cinergy Corp. (“ Cinergy”), a Delaware corporation and registered holding company under PUHCA. Applicant will be exclusively engaged directly, or indirectly through one or more affiliates (as defined in PUHCA section 2( a)( 11)( B)), in the business of providing (a) telecommunications services, (b) information services, (c) other services or products subject to the jurisdiction of the Federal Communications Commission, or (d) products or services that are related or incidental to the foregoing. EVent (Triple Point) LLC’s application states more specifically that its anticipated initial activity consists of acquiring and holding an equity interest in Triple Point Technology, Inc. (“ Triple Point”), a Connecticut- based technology company that develops and markets a suite of Web- enabled software products that allow energy commodity market participants to manage complex risk scenarios and effectively trade and manage transactions. Applicant’s investment in Triple Point will be sufficient to render Triple Point an affiliate of Applicant within the meaning of Section 2 (A)( 11)( B) of PUHCA. In addition to or in lieu of the activities just described, the application also states that the Applicant may in the future engage in such other business activities as are consistent with the definition of an ETC set forth in Section 34( a)( 1) of PUHCA. In accordance with 47 C. F. R. section 1.5004, if the Commission does not issue an order News media information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 Internet: http:// www. fcc. gov TTY 202 / 418- 2555 1 denying an ETC application within 60 days of receipt of the application, in this case, February 13, 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, December 15, 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 an 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 January 30, 2001. All comments should also be served on the Applicants. Reply comments must be filed no later than February 6 , 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- A207, Washington, D. C. 20554. All filings concerning any of the matters referenced in this Public Notice should refer to NSD file number ETC- 00- 52. 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