******************************************************** 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 96-1148 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Application of AEP Communications, Inc. for ) Determination of Exempt Telecommunications ) File No. ETC- 96-12 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 17, 1996 Released: July 18, 1996 By the General Counsel: 1. On June 3, 1996, AEP Communications, Inc. ("AEPC") 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. AEPC's application was placed on public notice for comment on the adequacy and accuracy of the application on June 6, 1996. AEP Communications Inc., Public Notice, DA No. 96-904 (OGC released June 6, 1996). No parties filed any comments. As explained below, AEPC satisfies the statutory criteria to merit a positive determination of ETC status and its application is therefore granted. 2. AEPC represents that it is a wholly-owned Ohio subsidiary of American Electric Power Company, Inc. ("AEP"), a New York corporation and a registered public utility holding company under PUHCA. AEPC 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, the application reflects that AEPC will offer services to personal communications services ("PCS") license holders for the establishment and maintenance of their PCS networks. These services will include location and construction of antenna facilities, as well as maintenance and management of PCS sites for PCS license holders. AEPC 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 AEP's public utility companies, their affiliates and their customers. The application further reflects that AEPC 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, AEPC states that it may offer mobile radio communications services to AEP's public utility companies and affiliates, their customers and non-affiliated third parties to maintain the reliability of AEP's system and to provide other energy services that make use of telecommunications facilities, demand-side management programs, remote meter reading, real-time pricing, load control and coordination, transmission of data between service vehicles and home offices, and other similar uses. Finally, AEPC states that it may provide energy management and other related services which would permit AEP's customers to save on their monthly utility bills. 4. Based upon the representations contained in AEPC's application, we determine that AEPC 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 AEPC 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