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

**Federal Communications Commission**

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

**Washington, D.C. 20554**

**DA 00-1451**

> **June 29, 2000**
>
> **4-DTV Corporation Seeks Commission Determination of**
>
> **\"Exempt Telecommunications Company\" Status Under the**
>
> **Public Utility Holding Company Act**
>
> **NSD File No: ETC 00-22**
>
> **Pleading Cycle Established**

**Comments Due: July 19, 2000** **Reply Comments Due: July 26, 2000**

> On June 14, 2000, 4-DTV Corporation ("4-DTV" 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\").
>
> 4-DTV is a Nevada corporation that is a wholly owned subsidiary of
> Broadband Concepts Corporation and a direct subsidiary of
> Genesistank.COM Corporation, both Nevada Corporations. 4-DTV states it
> will be engaged directly or indirectly through one or more
> "affiliates" (as defined in PUHCA Section 2(a)(11)), exclusively in
> the business of providing telecommunications services, information
> services, other services or products or services that are related or
> incidental 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-DTV's application states that it will conduct all of the activities
> described in this application in conformance with section 34 (b) of
> the PUHCA, as amended by Section 103 of the 1996 ACT, and in
> accordance with the requirements of the Communications Act of 1934, as
> amended, and the applicable rules, orders, and requirements of the
> Commission. Specifically, 4-DTV states it intends to offer Broadband
> Internet service, products, and other information-on- demand services
> through affiliated or non-affiliated companies. 4-DTV states it will
> establish, develop, operate, and maintain a terabit Point of Presence
> ("terapop") facility in providing broadband Next Generation Internet
> ("NextG") Ipv6 information services through utility company wireless
> and landlines. 4-DTV intends to offer common carrier services to
> Enhanced Service Providers ("ESPs") providing broadband Internet,
> telephony, DTV video and advanced Infocast on demand services. 4-DTV
> states it will offer technical and administrative services to enable
> its broadband information service customers to install and utilize
> network interface equipment to enable access to 4-DTV broadband
> Internet services. In the future, 4-DTV may provide other broadband
> enhanced services such as Infolded 4D Electro Magnetic Field
> transmission services and other advanced telecommunications services
> as permitted by section 103 of the Telecommunications Act of 1996,
> when such opportunities arise and in a manner consistent with PUHCA,
> as amended, and other laws and regulations.
>
> 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 application, in this case, June 14, 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, June 14, 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 19,
> 2000**. All comments should also be served on the Applicant. Reply
> comments must be filed no later than **July 26, 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 00-22**. 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**](mailto:amccloud@fcc.gov) or Marty Schwimmer,
> (202) 418-2320 (voice),
> [**mschwimm@fcc.gov**](mailto:mschwimm@fcc.gov), of the Network
> Services Division, Common Carrier Bureau. The TTY number is (202)
> 418-0484. You may also find more information about Exempt
> Telecommunications Companies at our website:
> [**http://www.fcc.gov/ccb/nsd/documents/ETC.html**](http://www.fcc.gov/ccb/nsd/documents/ETC.html).
>
> **-FEDERAL COMMUNICATIONS COMMISSION-**