**PUBLIC NOTICE**![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

**Federal Communications Commission**

**445 12th St., S.W.**

**Washington, D.C. 20554**

**DA 00-1274**

> **June 12, 2000**
>
> **Pantellos Corporation Seeks Commission Determination of**
>
> **\"Exempt Telecommunications Company\" Status Under the**
>
> **Public Utility Holding Company Act**
>
> **NSD File No: ETC 00-20**
>
> **Pleading Cycle Established**

**Comments Due: July 3, 2000** **Reply Comments Due: July 10, 2000**

> On May 30, 2000, Pantellos Corporation ("Pantellos" or "Applicant"),
> 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, Pub. L. No. 104-104, filed an application requesting a
> Commission determination that it is an exempt telecommunications
> company (\"ETC\").
>
> Pantellos is a Delaware corporation. It states that, to permit closing
> on its financing, this Application must be filed prior to closing,
> although the actual initial investors in Pantellos will not be known
> until closing. It is expected, however, that Pantellos will be owned,
> directly or indirectly, by the following companies: AEP Investments,
> Inc.; Cinergy Communications, Inc.; Consolidated Edison, Inc.; Duke
> Energy Supply Chain Services, LLC; Edison International; Entergy
> Corporation; FirstEnergy Ventures Corp.; FPL Group Capital Inc.;
> Pacific Gas & Electric Company; PSRC II, Inc.; Reliant Energy, Inc.;
> Sempra Energy e-Ventures; The Southern Company; Texas Utilities Co.;
> and Unicom Corporation. Pantellos states that it may initially be an
> affiliate of one or more of the above-listed companies within the
> meaning of section 2(a)(11)(B) of PUHCA. It states that it will amend
> its application immediately after closing if the initial investors
> differ from those included herein. Alternatively, if no change in this
> regard occurs upon closing, Pantellos will notify the Commission as
> such.
>
> Pantellos states it will be engaged (as defined in PUHCA section
> 2(a)(11)(B)) directly or indirectly through one or more "affiliates,"
> exclusively in the business of providing: (A) telecommunications
> services; (B) information services; (C) other services or products
> subject to the jurisdiction of the Commission; and/or (D) products or
> services that are related or incidental to the provision of such
> products or services described in (A), (B), or (C) above. Pantellos
> states it will provide supply chain management services through its
> secure Internet-based exchange that will enable electric and gas
> utilities and suppliers to buy and sell goods and services, an
> advanced search engine, and transaction software that will enable
> users to conveniently identify, locate, and purchase products and
> services using company agreements or Pantellos agreements. It will
> also offer other value-added services to participants through the
> Internet exchange, including market analyses, consulting services, and
> industry forums.
>
> In addition to or in lieu of the activities described above, Pantellos
> states that it may in the future engage in such other business
> activities as are consistent with the definition of an ETC set forth
> in section 34(a)(1) of PUHCA. These activities may include providing
> through the Internet exchange settlement services, asset tracking,
> contract compliance and performance, state and federal regulatory
> information and reporting, and engineering services. Pantellos further
> states that it may in the future obtain other e-commerce related
> businesses, and may as an integral part of its business purchase and
> re-sell assets through the Internet exchange.
>
> In accordance with 47 C.F.R. section 1.5004, if the Commission does
> not issue an order denying an ETC application within 60 days of
> receipt of the applications, in this case, May 30, 2000, the
> application will be deemed granted as a matter of law. In accordance
> with 47 C.F.R. section 1.5003, a person applying in good faith for a
> Commission determination of ETC status is deemed to be an ETC from the
> date of receipt of the application, in this case, May 30, 2000, until
> the date of Commission action pursuant to 47 C.F.R. section 1.5004. In
> accord with 47 C.F.R. section 1.5005, the Secretary of the Commission
> is now notifying the Securities and Exchange Commission (SEC) that the
> Applicant is deemed to be exempt telecommunications company. In the
> event that the Commission issues an order within 60 days of receipt of
> the application denying the application, the Secretary will so notify
> the SEC. Otherwise, the Commission will take no further action to
> grant this application.
>
> This proceeding is considered a \"permit but disclose\" proceeding for
> purposes of the Commission\'s *ex parte* rules. *See generally* 47
> C.F.R. sections 1.1200 ‑ 1.1206. Persons wishing to file comments,
> regarding the adequacy or accuracy of the Applicant's application
> requesting status as an ETC, must do so no later than **July 3,
> 2000**. All comments should also be served on the Applicant. Reply
> comments must be filed no later than **July 10, 2000.**
>
> Interested parties should file an original and four copies of their
> comments with the Office of the Secretary, Federal Communications
> Commission, 445 Twelfth St., SW, Room TW-A325, Washington, D.C. 20554.
> In addition, parties should send one copy to ITS, at 1231 20th Street,
> NW, Washington, D.C. 20036 and two copies to Al McCloud, Common
> Carrier Bureau, Network Services Division, FCC, 445 12th Street, SW,
> Room 6-A320, Washington, D.C. 20554. All filings concerning any of the
> matters referenced in this Public Notice should refer to NSD File No.
> **ETC 00-20**. The application will be available for public inspection
> Monday through Friday in the FCC Reference Center, Portals II, 445
> 12th Street, SW, Suite CY-A257, Washington, D.C., 20554, (202)
> 418-0267.
>
> For further information, contact Al McCloud, (202) 418-2499 (voice),
> <amccloud@fcc.gov> or Marty Schwimmer, (202) 418-2320 (voice),
> <mschwimm@fcc.gov>, of the Network Services Division, Common Carrier
> Bureau. The TTY number is (202) 418-0484.
>
> **-FEDERAL COMMUNICATIONS COMMISSION-**