******************************************************** 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 97-1547 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Application of Sonitrol Southeast, Inc. ) for a Determination of Exempt Telecommunications ) File No. ETC-97-9 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, Sonitrol Southeast, Inc. ("Sonitrol") 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. Sonitrol's application was placed on public notice for comment on the adequacy and accuracy of the representations contained therein on May 27, 1997. Sonitrol Southeast, Inc., Public Notice, DA No. 97-1113 (OGC rel. May 27, 1997). No comments were filed in response to the public notice. As explained below, Sonitrol satisfies the statutory criteria required for an affirmative determination of ETC status and its application is, therefore, granted. 2. Sonitrol states that it is a Delaware corporation and a wholly-owned subsidiary of Sentry Alarms Systems of America, Inc. Sentry Alarms Systems of America, Inc. is a wholly- owned ETC subsidiary of Sentry Management Corporation. Sentry management is, in turn, a wholly-owned ETC subsidiary of Entergy Technology Holding Company (ETHC). ETHC is a wholly-owned ETC subsidiary of Entergy Corporation, which is a registered public utility holding company under PUHCA. Sonitrol states that while ETHC intends to consolidate certain of its alarm monitoring corporations into one ETC -- 280 Security Holdings, Inc., the name of which will be changed to Entergy Security Corporation -- Sonitrol will not be a part of this consolidation. Instead, Sonitrol states that it will continue to be a wholly-owned subsidiary of 280 Security under its new name. 3. Sonitrol 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. Specifically, Sonitrol states that it sells, installs, services, and monitors custom-designed security alarm systems, serving residential, commercial, and industrial customers, located primarily in the state of Florida. In the provision of these services, Sonitrol operates remote alarm monitoring and response centers which 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. Sonitrol also sells alarm services franchises to, and collects resultant franchise royalties from, franchisees in the states of Alabama, Arkansas, Florida, Mississippi, North Carolina and South Carolina. 4. Based upon the representations contained in Sonitrol's application, Sonitrol 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. 5. Accordingly, IT IS ORDERED that the application of Sonitrol 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