******************************************************** 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 96-1780 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Application of GPU Telcom Services, Inc. for ) Determination of Exempt Telecommunications ) File No. ETC-96-16 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: October 28, 1996 Released: October 28, 1996 By the General Counsel: 1. On September 13, 1996, GPU Telcom Services, Inc. ("GPU Telcom") 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. GPU Telcom's application was placed on public notice for comment on the adequacy and accuracy of the application on September 17, 1996. GPU Telcom Services, Inc., Public Notice, DA No. 96-1548 (OGC released September 17, 1996). No parties filed any comments. As explained below, GPU Telcom satisfies the statutory criteria to merit a positive determination of ETC status and its application is therefore granted. 2. GPU Telcom represents that it is a Delaware corporation that will be a subsidiary of GPU Energy Services, Inc., which in turn will be a wholly-owned subsidiary of GPU, Inc. ("GPU"), a registered public utility holding company under PUHCA. GPU Telcom 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, GPU Telcom intends to engage in the provision of long-haul fiber capacity on a wholesale basis -- i.e., the provision of fiber optic capacity to serve as routing for fiber-based or wireless communications, or to provide redundancy for telecommunications providers' networks. GPU Telcom also represents that it intends to engage in the provision of personal communication services, mobile radio services and energy information management systems to non-associate companies. 4. Based upon the representations contained in GPU Telcom's application, GPU Telcom merits 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 GPU Telcom 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