**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 -727**

> **March 31, 2000**
>
> **America's Fiber Network, LLC Seeks Commission Determination of
> \"Exempt Telecommunications Company\" Status Under the Public
> Utility**
>
> **Holding Company Act of 1935, As Amended by Section 103**
>
> **of the Telecommunications Act of 1996**
>
> **NSD File No: ETC 00-10**
>
> **Pleading Cycle Established**

**Comments Due: April 21, 2000** **Reply Comments Due: May 5, 2000**

> On March 22, 2000, America's Fiber Network, LLC ("AFN\" 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\").
>
> AFN, a Delaware limited liability company, is a venture of major
> utility telecommunications affiliates and other participants. The
> utility affiliates who are members of AFN are: (1) AEP Communications,
> LLC, a Virginia limited liability company and a wholly owned
> subsidiary of American Electric Power Company, Inc., a registered
> public utility holding company as that term is defined in PUHCA; (2)
> GPU Telcom Services, Inc., a Delaware corporation and wholly-owned
> subsidiary of GPU, a registered public utility holding company; (3)
> Allegheny Communications Connect, Inc., a Delaware corporation and a
> wholly-owned subsidiary of Allegheny Power System, Inc., a registered
> public utility holding company; and (4) FirstEnergy Telecom Corp., an
> Ohio corporation and a wholly-owned subsidiary of FirstEnergy Corp.,
> an exempt public utility holding company. Non-utility members of AFN
> include (1) CFW Network Inc., a Virginia corporation and wholly-owned
> subsidiary of CFW Communications Company, an integrated communications
> provider operating in Virginia and West Virginia; and (2) R&B Network,
> Inc., a Virginia corporation and wholly-owned subsidiary of R&B
> Communications, an integrated communications provider operating in
> Virginia.
>
> AFN states that it will be a facilities-based, wholesale provider of
> high-bandwidth fiber optic transmission capacity in the eastern and
> central United States to telecommunications carriers - such as
> interexchange carriers (IXCs), incumbent local exchange carriers
> (ILECs), competitive local exchange carriers (CLECs), wireless
> carriers, and international carriers -- as well to Internet Service
> Providers (ISPs), rather than to end users of telecommunications
> services. AFN states it will provide SONET transport capacity to
> enable its customers to meet the growing demand for reliable,
> high-bandwidth voice, data and video transmission capacity. Services
> to be provided include point-to-point DS-1, DS-3, OC-x capacity. AFN
> states that it may in the future provide additional fiber-based
> services, including IP, ATM or frame relay services, and also may
> engage in other activities that fall within the categories set forth
> in Section 34(a) of PUHCA.
>
> In accordance with 47 C.F.R. § 1.5004, if the Commission does not
> issue an order denying Applicant's application within 60 days of
> receipt of this application, March 22, 2000, the application will be
> deemed granted as a matter of law. In accordance with 47 C.F.R. §
> 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, March 22, 2000, until the date of Commission action
> pursuant to 47 C.F.R. § 1.5004. In accordance with 47 C.F.R. § 1.5005,
> the Secretary of the Commission is now notifying the Securities and
> Exchange Commission (SEC) that 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. §§ 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 **April 21, 2000**. All
> comments should also be served on the Applicant. Reply comments must
> be filed no later than **May 5, 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 00-10**. 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-**