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

**Federal Communications Commission**

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

**Washington, D.C. 20554**

**DA 01-1534**

> **June 28, 2001**
>
> **ECP TELECOMMUNICATIONS HOLDINGS, LLC Seeks Commission Determination
> of \"Exempt Telecommunications Company\" Status Under the Public
> Utility Holding Company Act**
>
> **NSD File No: ETC 01-12**
>
> **Pleading Cycle Established**
>
> **Comments Due: July 6, 2001** **Reply Comments Due: July 13, 2001**
>
> On May 3, 2001, ECP Telecommunications Holdings, LLC (ECP Holdings or
> Applicant), located at 2301 Market Street, S8-4, P.O. Box 8699,
> Philadelphia, PA 19101-8699, pursuant to section 34(a)(1) of the
> Public Utility Holding Company Act of 1935 (PUHCA), 15 U.S.C. §§ 79
> *et seq*., as amended by section 103 of the Telecommunications Act of
> 1996 (the 1996 Act), Pub. L. No. 104-104, filed an application
> requesting a determination by the Federal Communications Commission
> (FCC or Commission) that it is an "exempt telecommunications company"
> (ETC). On May 18, 2001, Applicant filed an amendment to its original
> application, clarifying the extent of its holdings.
>
> Applicant indicates that it is a limited liability company organized
> on May 2, 2001, pursuant to the laws of the state of Delaware, and it
> is wholly owned by Exelon Capital Partners, Inc., a Delaware
> corporation located at 2301 Market Street, S8-4, P.O. Box 8699,
> Philadelphia, PA 19101-8699. Exelon Capital Partners, Inc., is a
> wholly owned subsidiary of Exelon Corporation, a registered holding
> company under PUHCA.
>
> ECP Holdings explains that it is not a direct provider of
> communications, information or other services to the public; rather,
> it either directly or indirectly invests in communications companies,
> information services companies, companies that provide other products
> or services subject to the Commission's jurisdiction, and companies
> that provide products or services that are related or incidental to
> the foregoing. The application also states that ECP Holdings
> exclusively, as provided in section 1.50029a)(2) of the Commission's
> rules, is engaged directly, or indirectly, wherever located, through
> one or more affiliates, as defined in Section 2(a)(11)(B) of PUHCA, 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.
>
> According to its application as amended, Applicant holds either a
> direct or indirect interest in and serves as the parent company for
> the following entities:

a.  **Media Station, Inc.**, a corporation organized pursuant to the
    laws of the state of Michigan, and located at 2705 South Industrial
    Highway, Suite 100, Ann Arbor, MI 48104. This corporation provides
    on-demand interactive software media over broadband networks to
    multiple users;

b.  **Energy Trading Company**, a corporation organized pursuant to the
    laws of the state of Delaware, and located at 227 West Monroe
    Street, Chicago, IL 60606. The application states that Energy
    Trading "holds an investments \[sic\]" in Entrade, Inc., as
    described below in paragraph "c";

c.  **Entrade, Inc.**, a Pennsylvania corporation located at 500 Central
    Avenue, Northfield, IL 60093. The company is a business-to-business
    Internet e-commerce solution provider of asset and inventory related
    functions;

d.  **Pantellos Corporation**, a Delaware corporation (no address given)
    providing e-supply-chain solutions to electric, natural gas
    distribution, natural gas pipeline, and other businesses in the
    energy sector;

e.  **Exotrope, Inc.**, a Delaware corporation located at 150 Main
    Street, Elmira, NY 14901, developing neural networks for Internet
    software applications, including an artificial intelligence,
    image-recognition program that identifies and blocks objectionable
    images on the Internet. Exotrope has also developed two Internet
    search engines, and operates a local Internet service provider
    (ISP);

f.  **Neon Communications, Inc.**, a Delaware corporation located 2200
    West Park Drive, Westborough, MA 01581, that owns a fiber optic
    network linking metropolitan areas in the Mid-Atlantic and New
    England regions, and also leases its fiber optic capacity to other
    telecommunications carriers;

g.  **OmniChoice.com, Inc.**, a Delaware corporation located at 950 West
    Valley Road, Suite 3104, Wayne, PA 19087, that is an Internet-based
    utility services agent company, primarily serving small business and
    residential customers;

h.  **Permits Now**, a Maryland corporation located at 15200 Shady Grove
    Road, Suite 350, Rockville, MD 28050, developing Internet software
    enabling the electronic filing of governmental and regulatory
    permits and applications;

i.  **VITTS Network Group Inc.**, a Delaware corporation located at 77
    Sundial Avenue, Manchester, NH 03103, that is a packet-based, data
    oriented, competitive local exchange carrier (CLEC) that also
    provides network management services to commercial customers;

j.  **Corvis Corporation**, a Delaware corporation located at 7015
    Albert Einstein Drive, Columbia, MD 21046, that designs,
    manufactures, and markets products that enable the transmission,
    switching and management of communications traffic entirely in the
    optical domain;

k.  **Everest Broadband Networks, Inc.**, a Delaware corporation located
    at One Executive Drive, Suite 170, Fort Lee, NJ 07024, providing a
    range of high-speed Internet access, long-distance telephone
    service, digital broadcast satellite television, and related
    broadband services in multi-tenant commercial and residential
    buildings and hotels;

l.  **Planalytics, Inc.**, a Pennsylvania corporation located at 1325
    Morris Drive, Suite 201, Wayne, PA 19087-5521. According to the
    application, Planalytics is a supply chain planning portal that
    utilizes the Internet to enhance supply chain management and enable
    its clients to prospectively address external factors that influence
    customer demand;

m.  **SmartSynch, Inc.**, a Delaware corporation located at 805 South
    Wheatley, Suite 220, Ridgeland, MS 39157, providing end-to-end data
    solutions designed to establish two-way connectivity through public
    wireless and landline telecommunication networks between the utility
    and its electric meters located at customer facilities; and

n.  **Corechange, Inc.**, a Delaware corporation located at 260 Franklin
    Street, Suite 1890, Boston, MA 02110, developing e-business access
    framework software for deploying portals for all types, including
    corporate, community, marketplace and mobile commerce portals. These
    portals enable employees of its clients to access key information
    and applications via telecommunications.

> The Application indicates ECP Holdings may invest, either directly or
> indirectly, in companies providing other types of telecommunications
> services, information services, or other products or services that are
> permissible under Section 34(a)(1) of PUHCA. ECP Holdings states that
> it will inform the Commission of any subsequent investment involving a
> "material change in facts" that may affect its eligibility for ETC
> status.
>
> In accordance with section 1.5004 of the Commission's rules, if the
> Commission does not issue an order denying an ETC application within
> 60 days of receipt of an application, in this case **July 17, 2001**,
> the application will be deemed granted as a matter of law. 47 C.F.R §
> 1.5004. In accordance with 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
> 18, 2001**, until the date of Commission action pursuant to section
> 1.5004. 47 C.F.R § 1.5003. In accordance with 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 ETC.
> 47 C.F.R. § 1.5005. In the event that the Commission issues an order
> denying the application within 60 days of its receipt, 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 ECP Telecommunications Holdings, LLC's
> application requesting status as an ETC must do so no later than
> **July 6, 2001**. Reply comments must be filed no later than **July
> 13, 2001.** All filings concerning any of the matters referenced in
> this Public Notice should refer to NSD file number **ETC 01-12**. All
> comments should also be served on the Applicant.
>
> Interested parties should file an original and four copies of their
> comments with the Office of the Secretary, Federal Communications
> Commission, 445 12^th^ St., SW, Room TW-A325, Washington, D.C. 20554.
> In addition, parties should send one copy to International
> Transcription Service, Inc. (ITS), at 1231 20^th^ Street, NW,
> Washington, D.C. 20036 and two copies to Carmell Weathers, Common
> Carrier Bureau, Network Services Division, FCC, 445 12^th^ Street, SW,
> Room 6-A207, Washington, D.C. 20554.
>
> 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, 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 Carmell Weathers, (202) 418-2325
> (voice), **[cweather@fcc.gov]{.underline}** or Jon Minkoff, (202)
> 418-2353 (voice), [**jminkoff@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 Network Services Division website:
> [**http://www.fcc.gov/ccb/nsd/documents/ETC.html**](http://www.fcc.gov/ccb/nsd/documents/ETC.html).
>
> **-FEDERAL COMMUNICATIONS COMMISSION-**