******************************************************** 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 96-953 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Application of Allegheny Communications ) Connect, Inc. for Determination of Exempt ) Telecommunications Company Status ) File No. ETC-96-11 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: June 14, 1996 Released: June 14, 1996 By the General Counsel: 1. On April 18, 1996, Allegheny Communications Connect, Inc. ("ACC") filed an application with the Commission for a determination of "exempt telecommunication 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. ACC's application was placed on public notice for comment on the adequacy and accuracy of the application on April 17, 1996. Allegheny Communications Connect, Inc. Public Notice DA No. 96-611 (OGC Released April 19, 1996). No parties filed any comments. As explained below, ACC satisfies the statutory criteria to merit a positive determination of ETC status and its application is therefore granted. 2. ACC states that it is a Delaware corporation that intends to become a direct or indirect subsidiary of Allegheny Power System, Inc., a registered public utility holding company under PUHCA. ACC states that it will be engaged, directly or indirectly, through one or more "affiliates" (as defined in PUHCA section 2(a)(11)(B)), 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). 3. Specifically, ACC represents that it will offer services to personal communications services ("PCS") license holders for the establishment and maintenance of their PCS networks. According to ACC, these services will include location and construction of antenna facilities, as well as maintenance and management of PCS sites for PCS license holders. ACC also represents that it may also offer services for the development, design, and construction of fiber optic systems for use in providing utility communications services and demand-side management services to Allegheny Power's public utility companies, their affiliates and their customers. Moreover, ACC represents that it may provide long-haul fiber capacity on a wholesale basis to non-affiliated companies, who may then resell such capacity to third parties. In addition, ACC states that it may offer mobile radio communications services to Allegheny Power's public utility companies and affiliates, their customers and non-affiliated third parties to maintain the reliability of Allegheny's system and to provide other energy services, remote meter reading, real-time pricing, load control and coordination, transmission of data between service vehicles and home offices, and other similar uses. Finally, ACC states that it may provide energy management and other related services which would permit Allegheny's customers to save on their monthly utility bills. 4. Based upon the representations contained in ACC's application, it is determined that ACC 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 ACC 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