1 News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov TTY 202 / 418-2555 1 PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 DA 00-411 February 28, 2000 Northern Colorado Telecommunications, LLC d/b/a Touch America Colorado, Seeks Commission Determination of "Exempt Telecommunications Company" Status Under the Public Utility Holding Company Act of 1935, As Amended by Section 103 of the Telecommunications Act of 1996 NSD File No: ETC 00-09 Pleading Cycle Established Comments Due: March 17, 2000 Reply Comments Due: March 31, 2000 On February 25, 2000, Northern Colorado Telecommunications, LLC d/b/a Touch America Colorado ("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"). Applicant is a joint venture between NCE Communications, Inc. ("NCEC") and Touch America, Inc. ("Touch America"). NCEC is a wholly-owned subsidiary of NC Enterprises, Inc., which in turn is a wholly-owned subsidiary of New Century Energies, Inc., a registered holding company under PUHCA. NCEC, formerly named e prime Telecom, Inc. was granted ETC status on April 22, 1997. Touch America is a wholly-owned telecommunications subsidiary of The Montana Power Company. NCEC and Touch America each own 50% of Applicant. Applicant will be engaged directly, or indirectly, through one or more affiliates (as defined in Section 2(a)(11)(B) of PHUCA), and exclusively in the business of providing: (A) telecommunication services; (B) information services; (C) other services or products subject to the jurisdiction of the Federal Communications Commission; and/or (D) products or services that are related or incidental to the provision of a product or service described in (A), (B), or (C) above. Specifically, Applicant, using NCEC's and Touch America's existing fiber networks with the addition of new facilities, will offer commercial customers in the Denver metropolitan area long distance, internet access, and private line services. Applicant will also offer wholesale fiber optic services to other carriers. In accordance with 47 C.F.R.  1.5004, if the Commission does not issue an order denying Applicant's application within 60 days of receipt of this application, February 18, 2000, the application will be deemed granted as a matter of law. In accordance with 47 C.F.R.  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, February 18, 2000, until the date of Commission action pursuant to 47 C.F.R.  1.5004. In accordance with 47 C.F.R.  1.5005, the Secretary of the Commission is now notifying the Securities and Exchange Commission (SEC) that 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.  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 March 17, 2000. All comments should also be served on the Applicant. Reply comments must be filed no later than March 31, 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 00-09. 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 Marty Schwimmer, (202) 418-2320 (voice), mschwimm@fcc.gov, of the Network Services Division, Common Carrier Bureau. The TTY number is (202) 418-0484. -FEDERAL COMMUNICATIONS COMMISSION-