******************************************************** 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 96-1307 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Application of Columbia Network Services Corporation ) for Determination of Exempt Telecommunications ) File No. ETC- 96-13 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: August 15, 1996 Released: August 15, 1996 By the General Counsel: 1. On June 25, 1996, Columbia Network Services Corporation ("CNSC") 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. CNSC's application was placed on public notice for comment on the adequacy and accuracy of the application on June 25, 1996. Columbia Network Services Corporation, Public Notice, DA No. 96-1029 (OGC released June 25, 1996). No parties filed any comments. As explained below, CNSC satisfies the statutory criteria to merit a positive determination of ETC status and its application is therefore granted. 2. CNSC represents that it is a Delaware corporation that will become a subsidiary of the Columbia Gas System, Inc., a Delaware corporation and a registered public utility holding company under PUHCA. CNSC 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 CNSC intends to offer services to personal communications service ("PCS") and other microwave radio service licensees relating to the installation and maintenance of their networks. These services will include, among other services, locating and constructing antenna facilities, and maintaining and managing PCS sites for the licensees. CNSC also represents that it intends to offer services by means of radio, leased line and other transmission facilities to third parties and to CNSC's affiliate and associate companies and their respective customers to enable them to maintain the reliability of their systems and services. 4. The application further reflects that CNSC may also engage in the collection and management of information relating to customer energy usage, including the remote reading of utility meters, that will enable real time pricing, demand management, and efficient load control and energy coordination. CNSC may provide these services by means of radio facilities, leased lines, and other transmission facilities and associated equipment and services. CNSC's energy management services may include interactive technology which, among other things, would enable customers to automatically and remotely control energy usage in response to variable pricing, thus providing customers with more control over their energy usage and costs. In addition, these services would store customer load profile data and allow utilities to remotely access such data for forecasting and marketing purposes. Finally, CNSC energy management services may also provide opportunities for real-time interactive communications with customers with respect to a wide variety of information, products and services that are not exclusively energy-related. 5. Based upon the representations contained in CNSC's application, we determine that CNSC 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 CNSC 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