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

**Federal Communications Commission**

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

**Washington, D.C. 20554**

**DA 00-1752**

> **August 3, 2000**
>
> **Cinergy Ventures, LLC Seeks Commission Determination of \"Exempt
> Telecommunications Company\" Status Under the Public Utility Holding
> Company Act**
>
> **NSD File No: ETC 00-32**
>
> **Pleading Cycle Established**

**Comments Due: August 24, 2000** **Reply Comments Due: August 31,
2000**

> On July 27, 2000, Cinergy Ventures, LLC ("Cinergy Ventures" 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 Cinergy Ventures is a direct, wholly-owned
> subsidiary of Cinergy Ventures Holding Company, Inc. ("CVHC"), a
> Delaware corporation. CVHC in turn is a direct wholly-owned subsidiary
> of Cinergy Corp., a registered holding company under PUHCA.
>
> The application states that Cinergy Ventures will be engaged directly,
> or indirectly through one or more affiliates (as defined in PUHCA
> section 2(a)(11)(B)), and exclusively, in the business of providing
> (a) telecommunications services, (b) information services, (c) other
> services or products subject to the jurisdiction of the Federal
> Communications Commission, or (d) products or services that are
> related or incidental to the provision of a product or service
> described in paragraphs (a) through (c) above.
>
> The application states that the anticipated initial activities of the
> Applicant consist of holding investments in the following affiliate
> companies (as defined in Section 2(a)(11)(B) of PUHCA):

-   Convergent Group Corporation - E-business consultant and systems
    integrator focused on "digital utility" (i.e. web-based utility
    customer care and operations system);

-   Enermetrix.com, Inc. - develops software and created, owns and
    operates an on-line business-to-business energy exchange for
    executing competitive energy contracts;

-   Configured Energy Sytems, Inc. - web-based, real-time distributor of
    infrastructure reliability solutions and an infrastructure
    applications in "digital-utility;"

-   MainStreet Networks, Inc. -- Supplies web-based, on-premises
    systems, applications, and services to community utilities, rural
    electric cooperatives, and other energy companies;

-   Pentech Solutions, Inc. -- Develops hardware and software to
    remotely monitor/manage HVAC and distributed generation equipment.

> In addition to or in lieu of these initial planned activities, the
> application further states that the Applicant may in the future engage
> in such other business activities as are consistent with the
> definition of an ETC set forth in Section 34(a)(1) of PUHCA.
>
> 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, July 27, 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, July 27, 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 **August 24,
> 2000**. All comments should also be served on the Applicants. Reply
> comments must be filed no later than **August 31, 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, **NSD-L-00-32**.
>
> The full text of this document is 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. This document 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 our website:
> [**http://www.fcc.gov/ccb/nsd/documents/ETC.html**](http://www.fcc.gov/ccb/nsd/documents/ETC.html).
>
> **-FEDERAL COMMUNICATIONS COMMISSION-**