******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** DA 97-1546 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Application of Entergy ETHC Merger Company ) for a Determination of Exempt Telecommunications ) File No. ETC-97-8 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: July 21, 1997 Released: July 21, 1997 By the General Counsel: 1. On May 23, 1997, Entergy ETHC Merger Company ("ETHC") 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. ETHC's application was placed on public notice for comment on the adequacy and accuracy of the representations contained therein on May 27, 1997. Entergy ETHC Merger Company, Public Notice, DA No. 97-1112 (OGC rel. May 27, 1997). No comments were filed in response to the public notice. As explained below, ETHC satisfies the statutory criteria required for an affirmative determination of ETC status and its application is, therefore, granted. 2. ETHC states that it is a Delaware corporation and a wholly-owned subsidiary of Entergy Corporation, a registered public utility holding company under PUHCA. ETHC further represents that it will be engaged, directly or indirectly through one or more "affiliates," as defined in Section 2(a)(11)(b) of PUHCA, 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 Section 34(a)(1) of PUHCA. 3. Specifically, ETHC intends to engage directly, or indirectly through affiliates, and exclusively, in the business of providing remote alarm monitoring services to business, industrial, residential and/or government customers in the states of Alabama, Colorado, Florida, Indiana, North Carolina, South Carolina and Texas. These services will consist of the operation of remote alarm monitoring and response centers which will utilize telephone landlines and/or wireless facilities to receive, process and transmit emergency and other information to and from customer premises and public safety entities. ETHC further represents that in addition to these activities, ETHC will also engage in activities related or incidental to the above activities. 4. ETHC further represents that it anticipates that it may merge into 280 Security Holdings, Inc. or its successor, Entergy Security Corporation. 280 Security Holdings, Inc. is a wholly-owned subsidiary of Entergy Technology Holding Company which, in turn, is a wholly- owned subsidiary of Entergy Corporation. The Commission has previously granted determinations of ETC status to both Entergy Technology Holding Company and 280 Security Holdings. 5. Based upon the representations contained in ETHC's application, ETHC meets the statutory requirements for a determination that it is an exempt telecommunications company as that term is defined in PUHCA section 34(a)(1), as amended. 6. Accordingly, IT IS ORDERED that the application of ETHC 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