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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** FCC 96-162 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Application of Entergy Technology ) Holding Company for Determination of Exempt ) Telecommunications Company Status ) File No. ETC-96-3 under Section 34 of the Public Utility ) Holding Company Act of 1935, as amended by ) Section 103 of the Telecommunications Act of 1996 ) ORDER Adopted: April 9, 1996 Released: April 12, 1996 By the Commission: I. Introduction 1. On February 16, 1996, Entergy Technology Holding Company ("Entergy Holding") 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. On February 22, 1996, Entergy Holding filed a certification stating that it complied with section 47 C.F.R.  1.2002, regarding the Anti-Drug Abuse Act of 1988, 21 U.S.C.  862. As explained below, Entergy Holding satisfies the statutory criteria and applicable Commission regulations to merit a determination of ETC status. Entergy Holding, therefore, is granted ETC status. II. Background A. Entergy Holding's Application 2. Entergy Holding states that it is a Delaware corporation that intends to become a subsidiary of Entergy Corporation, a registered public utility holding company under PUHCA. 3. Entergy Holding 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). 4. Specifically, Entergy Holding states that it will, through an affiliate, provide long- haul fiber capacity on a wholesale basis to non-associate companies. Entergy Holding further states that the activities described in its application will be conducted in accordance with the requirements of the Communications Act of 1934, as amended, and applicable rules and regulations of the Commission. Entergy Holding states that, in the future, it may provide other telecommunications services, information services or products as permitted by PUHCA section 34(a)(1), and that such activities will likewise be conducted in a manner consistent with the Communications Act, applicable Commission rules and regulations, and other applicable legal requirements. 5. In a supplemental filing providing further details on its telecommunications activities, Entergy Holding states that such service consists of providing bulk communications capacity to other carriers, who in turn resell such capacity to third parties. According to Entergy Holding, this long-haul capacity would be used for alternative or extended routing for fiber-based or wireless telecommunications, or to create backup or other redundancy for carriers' telecommunications networks. Entergy Holding states that while it may use unused capacity on existing fiber or microwave facilities of the Entergy Operating Companies when it is practical or cost-efficient to do so, Entergy Holding may, in other instances, construct its own facilities for providing contemplated services or may obtain capacity from other service providers in order to enhance its ability to offer services. Finally, Entergy Holding states that while its initial activities will encompass providing long-haul fiber capacity as described, it may also engage in providing other permitted services using both wired and wireless technology, including personal communications services ("PCS"), cable services, and data services. 6. Entergy Holding states that it intends to become an "associate company" within the meaning of PUHCA section 2(a)(10) of the following electric utility operating companies: Arkansas Power & Light Company, Gulf States Utilities Company, Louisiana Power & Light Company, Mississippi Power & Light Company, New Orleans Public Service Inc., System Energy Resources, Inc., Entergy Operations, Inc., and Entergy Power, Inc. and of the following gas companies: Gulf States Utilities Company and New Orleans Public Service Inc. ("Entergy Operating Companies"). 7. Finally, Entergy Holding states that it will conduct all of the activities described in its application in conformance with PUHCA section 34(b), as amended by section 103 of the Telecommunications Act of 1996, all other applicable provisions of PUHCA, and all other applicable laws and regulations. 8. Entergy Technology's application was placed on public notice for comment on the adequacy and accuracy of the application on February 27, 1996. Entergy Technology Holding Company, Public Notice (OGC Released February 27, 1996). BellSouth Corporation and BellSouth Telecommunications, Inc. (collectively "BellSouth"), AT&T Corporation ("AT&T"), the City of New Orleans, Louisiana ("New Orleans") and the Mississippi Public Service Commission ("Mississippi") all filed comments on Entergy Holding's application. II. Discussion 9. As noted above, concurrent with this application, Entergy Technology Company ("Entergy Technology"), an affiliate of Entergy Holding, filed an application for determination of ETC status. See Entergy Technology Company, Public Notice (OGC released February 27, 1996)(File No. ETC-96-2). We granted Entergy Holding's application for determination of ETC status in an order adopted concurrently with the instant order. Because the same parties filed substantially identical pleadings in both proceedings, we believe our disposition of these issues in the concurrent proceeding also disposes of the issues raised in this proceeding. Accordingly, for the reasons set forth in our determination of ETC status for Entergy Technology Company, File No. ETC-96-2, we reject the arguments raised by commenters in this proceeding. IV. Conclusion 10. Based upon the representations contained in Entergy Holding's application and its supplemental filings, the Commission determines that Entergy Holding is an exempt telecommunications company as that term is defined in PUHCA section 34(a)(1), as amended. 11. Accordingly, IT IS ORDERED that the application of Entergy Holding IS GRANTED. IT IS FURTHER ORDERED that the Secretary notify the Securities and Exchange Commission of this determination. 12. IT IS FURTHER ORDERED that all motions to file the above-referenced supplementary or out-of-time comments or additional information are hereby GRANTED. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary