WPC8 2H BX ZRoman (TT)3|xA Roman (TT)Clarendon Cd (W1) (Bold)Times New Roman (TT)WP MultinationalA Roman (TT)WP MultinationalA Roman (TT)Clarendon Cd (W1) (Bold)Times New Roman (TT)Times New Roman (Bold) (TT)!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddndddddddHP LaserJet 4/4MCL) (Add) RM 638HPLAS4.WRSSXw PE37,,f!CXP2! z'@3|wCG TimesCG Times BoldCG Times Italic"5@^dC2CCdECCCCCCCd<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddndddddddxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCd]]ddddddFddddFCCddd88ddzzdddkddCddF"ddd9dCCzCdzdoddCdYds]zUvdYYCCCCzzzozoYzNoYdYC8YooYdYzzdzddoYoYzzozzzzzCdoozYzzzzCCddddzdddooozCsdYC\   pxtll\tll@\@\`L27Z/@]1@4Q8xCdXXx{2 PQXP R=PC,XsXP7  p3QXSV"H(<XhH{2 PQhPT7PC2X7 DXP\  P6QXP.U7UC2XMxXU4  pQXVW!0(X7 h0\  P6QhP5PC2XjEXP*f9 xQXX"5@^(1<d<d<CCoodCCddCoCddzzzzzzzzzzCCCCozdddddddYYYYY8888dddddddndddddYd28 X-#XP\  P6Q DXP#  @--@` `  hh,Vpp   FCC 96152 Đ  X-J* Before the V FEDERAL COMMUNICATIONS COMMISSION 3Washington, D.C. l lU  X1- In re Application of hh,V)  X -CSW Communications, Inc. hh,V)  X -for Status as an Exempt hh,V)  X -Telecommunications Company hh,V) File No. ETC961  X -under the Public Utility Holding CompanyV)  X -Act of 1935, As Amended by Section 103V)pp  X -of the Telecommunications Act of 1996V)  Xb-S ORDER  XK-l  X4-lU Adopted: April 3, 1996 hh, VReleased: April 4, 1996 X- By the Commission:  X-1.` ` On February 8, 1996, CSW Communications, Inc. ("CSW Communications") filed for a determination of "exempt telecommunications company" status under Section  X-34(a)(1) of the Public Utility Holding Company Act of 1935 ("PUHCA"),P Y#-ԍ15 U.S.C.  79 et seq.P as added by  X-Section 103 of the Telecommunications Act of 1996.fy Y-ԍPub. L. No. 104104, 110 Stat. 56 (1996) (amending the Communications Act of 1934). The application was placed on Public Notice on February 13, 1996. Comments regarding the adequacy or accuracy of the application were due on February 28, and reply comments were due on March 6. No such comments were filed.f CSW Communications is a subsidiary of Central and South West Corporation ("CSW"), a Delaware corporation and a registered  Xe-holding company under PUHCA. In this Order we grant the application, which was  XP-unopposed.` `  X"-2.` ` Under Section 34(a)(1) of PUHCA, an "exempt telecommunications company" ("ETC") is any person determined by the Federal Communications Commission to be "engaged directly or indirectly, wherever located, through one or more affiliates (as defined in section 2(a)(11)(B) of PUHCA), and exclusively in the business of providing (A) telecommunications services; (B) information services; (C) other services or products subject" 0*0*0*" to the jurisdiction of the [Commission]; or (d) products or services that are related or  X-incidental to the provision of a product or service described in subparagraph (A), (B) or (C)."U Yb-ԍSee PUHCA  34(a)(1).U A person applying in good faith for a determination of ETC status under Section 34(a)(1) is  X-deemed to be an ETC until the Commission renders a decision.:y Y-ԍId.: Moreover, the Commission  X-must make this determination within 60 days of the receipt of an application.:* Y -ԍId.: Finally, the Commission is required to notify the Securities and Exchange Commission ("SEC") whenever  Xv-it determines that a person is an exempt telecommunications company.:v Y -ԍId.:  XH-3.` ` Prior to the enactment of the new legislation, it was difficult for registered holding companies to enter into telecommunications businesses. However, Congress recognized that holding company entry into telecommunications industries could "significantly promote and accelerate competition in telecommunications services and deployment of  X -advanced networks"e  Y)-ԍS. Rep. No. 10423, 104th Cong., 1st Sess. 4 (1995).e and could also result in lower prices and greater choice for consumers.@ =  Y-ԍId. at 7.@ Section 34(a)(1) of PUHCA thus was designed to foster such entry by allowing holding companies to enter telecommunications businesses by acquiring and maintaining an interest in an "exempt telecommunications company."  Xy-4.` ` In its application, CSW Communications states that it will be engaged, directly or indirectly, and exclusively in the business of providing telecommunications and information services, as well as products or services that are "related or incidental to" the  X4-provision of such services, or that fall within the jurisdiction of the Commission.U 4  Y-ԍCSW Communications Application at 2.U Specifically, CSW Communications states that it intends to construct a fiber optic system that will be used to provide utility communications services and demandside management services to CSW's public utility companies, their affiliates and customers, and to lease reserve  X-capacity to nonaffiliated third parties that provide other communications services.@   Y($-ԍId. at 3.@ In addition, CSW states that it may offer mobile radio service to CSW's public utility companies and affiliates, their customers, and nonaffiliated third parties that such entities can use to  X-maintain the reliability of CSW's electric system and to provide other energy services.: P Y-ԍId.: CSW" 0*((" further states that it intends to provide to its customers and nonaffiliated third parties Customer Choice & Control, an energy management service that relies on  Y-advanced communications systems.: {4 Y-ԍId.: Accordingly, CSW Communications represents that it is an exempt telecommunications company under Section 34(a)(1) of PUHCA.   Y-5.` ` Based upon the representations contained in CSW Communications' application, the Commission determines that CSW Communications is an exempt telecommunications company as that term is defined in Section 34(a)(1) of PUHCA, as amended.  Y -6.` ` Accordingly, IT IS ORDERED that the application of CSW Communications for status as an exempt telecommunications company IS GRANTED. IT IS FURTHER ORDERED that the Secretary notify the Securities and Exchange Commission of this determination.  Y -7.` ` IT IS FURTHER ORDERED that the General Counsel is delegated authority to act upon applications for a determination of exempt telecommunications company status. The Managing Director is delegated authority promptly to make conforming rule changes. ` `  hh,FEDERAL COMMUNICATIONS COMMISSION  ` `  hh,William F. Caton ` `  hh,Acting Secretary