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

**Federal Communications Commission**

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

**Washington, D.C. 20554**

**DA 00-2087**

> **September 12, 2000**
>
> **Caronet, Inc. Seeks Commission Determination of \"Exempt
> Telecommunications Company\" Status Under the Public Utility**
>
> **Holding Company Act**
>
> **NSD File No: ETC 00-37**
>
> **Pleading Cycle Established**

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

> On August 18, 2000, Caronet, Inc. ("Caronet" 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\").
>
> The application states that Caronet, a North Carolina corporation, is
> a wholly owned indirect subsidiary of Carolina Power & Light Company
> ("CP&L"). CP&L is an electric utility serving customers in North and
> South Carolina. The application states that the Securities and
> Exchange Commission ("SEC") recently approved CP&L's reorganization
> and share exchange establishing CP&L Energy, Inc. ("CP&L Energy") as
> CP&L's parent company. CP&L Energy is an exempt holding company under
> PUHCA. CP&L Energy has applied for SEC approval to acquire Florida
> Progress Corporation, the parent company of Florida Power Corporation,
> an electric utility serving customers in Florida. Upon the closing of
> that transaction, CP&L Energy will become a registered holding company
> under PUHCA.
>
> The application states that Caronet is and will be engaged directly or
> indirectly through one or more "affiliates" (as defined in Section
> 2(a)(11)(B) of PUHCA), 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 Section 34(a)(1) of PUHCA.
>
> The application further states that Caronet is certificated in several
> states as a Competitive Local Exchange Carrier ("CLEC"). Caronet
> currently offers, and will continue to offer, telecommunications and
> information services, and will provide dark fiber for communications
> services to affiliated and non-affiliated companies, including
> companies offering energy and energy-related products and services.
> Caronet states that it operates as a carriers' carrier, offering
> broadband capacity services to other telecommunications carriers on a
> wholesale basis. Although permitted under its CLEC certification,
> Caronet does not currently offer retail telecommunications services to
> end-users. Further, Caronet holds a 35 percent equity interest in
> Interpath Communications, Inc., which provides Internet-based managed
> application services, a 10 percent interest in BellSouth Carolinas
> PCS, L.P., which provides mobile telephony services, and a 20 percent
> membership interest in CFN Fibernet LLC, a provider of communications
> fiber. Interpath Communications, Inc., in turn, holds a 33 1/3 percent
> membership interest in Autonomous Networks LLC, which provides ATM
> Internet backbone services.
>
> 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, August 18, 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, August 18, 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 an 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 Applicants' application
> requesting status as an ETC, must do so no later than **October 3,
> 2000**. All comments should also be served on the Applicants. Reply
> comments must be filed no later than **October 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
> number, **ETC-00-37**.
>
> The application will be available for public inspection and copying
> during regular business hours at the FCC Reference Information Center,
> Portals II, 445 12^th^ Street, SW, Room CY-A257, Washington, DC 20554.
> The application may also be purchased from the Commission's copy
> contractor, International Transcription Service, Inc. (ITS), 1231
> 20^TH^ Street, NW, Washington, DC 20036, telephone 202-857-3800,
> facsimile 202-857-3805, TTY 202-293-8810.
>
> 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 the NSD website:
> [**http://www.fcc.gov/ccb/nsd/documents/ETC.html**](http://www.fcc.gov/ccb/nsd/documents/ETC.html).
>
> **-FEDERAL COMMUNICATIONS COMMISSION-**