******************************************************** 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 97-1548 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Sentry Alarms Systems of America, Inc., ) NSS National Security Service, Inc., ) Automatic Detection Systems, Inc., and ) File No. ETC-97-10 Allied Alarms, Inc., Consolidated Application ) for a Determination of Exempt Telecommunications ) 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 June 5, 1997, Sentry Alarms Systems of America, Inc., NSS National Security Service, Inc., Automatic Detection Systems, Inc. and Allied Alarms, Inc. (and collectively, "Applicants") filed a consolidated application with the Commission for a determination that each is an "exempt telecommunications company" ("ETC") 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. Applicants' consolidated application was placed on public notice for comment on the adequacy and accuracy of the representations contained therein on June 10, 1997. Sentry Alarm Systems of America et al., Public Notice, DA No. 97-1219 (OGC rel. June 10, 1997). No comments were filed in response to the public notice. As explained below, each Applicant individually satisfies the statutory criteria required for an affirmative determination of ETC status and the consolidated application is, therefore, granted. 2. Sentry Alarms Systems of America, Inc. ("Sentry Alarms") is a Delaware corporation and a wholly-owned subsidiary of Sentry Management Corporation. Sentry Management is a wholly-owned ETC subsidiary of Entergy Technology Holding Company, which is also an ETC. 3. NSS National Security Service, Inc. is a Delaware corporation and is jointly owned by Entergy Technology Holding Company (13%) and 280 Security Holdings, Inc. (87%). The Commission has determined previously that 280 Security Holdings, Inc. is an ETC. 280 Holdings is currently wholly-owned by Entergy Technology Holding Company. 4. Automatic Detection Systems, Inc. is a Delaware corporation and a wholly- owned subsidiary of NSS National Security Service, Inc. 5. Allied Alarms, Inc. is an Alabama corporation and a wholly-owned subsidiary of Automatic Detection Systems, Inc. 6. In the consolidated application, each of the Applicants represent 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, each Applicant states that it is exclusively engaged in the business of providing alarm monitoring and response services, and/or activities related or incidental to the provision of such services. The consolidated application further indicates that Sentry Alarms -- through its affiliate Sonitrol Southeast, Inc. -- 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. 7. Based upon the representations contained in the consolidated application, each Applicant respectively 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. 8. Accordingly, IT IS ORDERED that the consolidated application of Sentry Alarms et al. 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