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                                                       DA  97-367

                            Before the
                FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C.  20554


In the Matter of                             )
                                        )
Application of WebCel Communications, Inc. for a  )
Determination of Exempt Telecommunications        )    File No. ETC-97-1
Company Status under Section 34 of the Public Utility  )
Holding Company Act of 1935, as added by          )
Section 103 of the Telecommunications Act of 1996 )    

                              ORDER

     Adopted: February 18, 1997              Released: February 18, 1997


By the General Counsel:


     1.   On January 9, 1997, WebCel Communications, Inc. ("WebCel") filed an
application with the Commission for a determination of "exempt telecommunications company"
("ETC") status 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.  WebCel's
application was placed on public notice for comment on the adequacy and accuracy of the
representations contained therein on January 10, 1997.  WebCel Communications, Inc., Public
Notice, DA No. 97-61 (OGC released January 10, 1996).  No parties filed any comments.  As
explained below, WebCel satisfies the statutory criteria to merit a positive determination of ETC
status and its application is therefore granted. 

     2.   WebCel represents that it is a privately-held Delaware corporation, formed in
March 1996, whose initial focus is to develop broadband wireless services utilizing licenses in
the Local Multipoint Distribution Service ("LMDS").  In an attached affidavit, the president of
WebCel represents that WebCel is engaged, directly and 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 PUHCA section 34(a)(1).  WebCel
states that it is not an affiliate of any registered public utility holding company, nor itself a
registered company under PUHCA.  Rather, WebCel states that it seeks a determination of ETC
status in order to facilitate its investment negotiations with public utility holding companies.

     3.   Specifically, WebCel states that in intends to participate in upcoming LMDS
auctions and to build and operate LMDS systems in markets where it is the winning bidder. 
Among the services WebCel intends to provide over its LMDS systems are switched telephony,
high-speed Internet access, multichannel video programming services, software distribution, and
energy management services.  Moreover, WebCel states that it is presently engaged in a wide
variety of activities in preparation for these auctions and for the potential buildout of LMDS
systems in those markets where it wins licenses.

     4.   Based upon the representations contained in WebCel's application, WebCel merits
a determination that it is an exempt telecommunications company as that term is defined in
PUHCA section 34(a)(1), as amended.

     5.   Accordingly, IT IS ORDERED that the application of WebCel IS GRANTED.  IT
IS FURTHER ORDERED that the Securities and Exchange Commission SHALL BE
NOTIFIED of this determination.

                         FEDERAL COMMUNICATIONS COMMISSION




                         William E. Kennard
                         General Counsel