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

**Federal Communications Commission**

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

**Washington, D.C. 20554**

DA 99-2951

> December 21, 1999
>
> **VPS Communications, Inc. 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 99-07**
>
> **Pleading Cycle Established**

**Comments Due: January 14, 2000** **Reply Comments Due: January 21,
2000**

> On December 15, 1999, VPS Communications, Inc. (VPSC), 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\").
>
> VPSC, a Virginia public service company founded in April of 1997, is a
> wholly owned subsidiary of Virginia Electric and Power Company
> (Virginia Power). Virginia Power, in turn, is a wholly owned
> subsidiary of Dominion Resources, Inc. (Dominion), which is currently
> exempt from registration as a holding company pursuant to the 1935
> Act. Dominion is planning to merge with Consolidated Natural Gas
> Company (CNG), a registered holding company under the 1935 Act.
> Following the merger, Dominion will become a registered holding
> company under the 1935 Act. VPSC will be exclusively engaged, directly
> or indirectly, through one or more affiliates, 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 within the
> meaning of the1935 Act. VPSC was formed exclusively to provide
> telecommunications services. Currently, it engages directly in the
> business of providing local exchange and interexchange service. VPSC
> concludes that it satisfies the requirements for ETC status.
>
> In accordance with 47 C.F.R. § 1.5004, if the Commission does not
> issue an order denying VPSC's application within 60 days of receipt of
> this application, December 15, 1999, 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, December 15, 1999, until the date of Commission action
> pursuant to 47 C.F.R. § 1.5004. In accord with 47 C.F.R. § 1.5005, the
> Secretary of the Commission is now notifying the Securities and
> Exchange Commission (SEC) that VPSC 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 VPSC application requesting status as
> a ETC, must do so no later than **January 14, 2000**. All comments
> should also be served on the applicant. Reply comments must be filed
> no later than **January 21, 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 99-07**. 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 regarding this application, contact Marty
> Schwimmer or Al McCloud in the Network Services Division at (202)
> 418-2320, TTY: (202) 418-0484.
>
> **-FEDERAL COMMUNICATIONS COMMISSION-**