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

**Federal Communications Commission**

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

**Washington, D.C. 20554**

**DA 00-2086**

> **September 12, 2000**
>
> **Progress Telecommunications Corporation Seeks Commission**
>
> **Determination of \"Exempt Telecommunications Company\" Status**
>
> **Under the Public Utility Holding Company Act**
>
> **NSD File No: ETC 00-38**
>
> **Pleading Cycle Established**

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

> On August 18, 2000, Progress Telecommunications Corporation
> ("Progress" 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 Progress, a Florida corporation, is an
> indirect wholly-owned subsidiary of Florida Progress Corporation
> ("FPC"). FPC is an exempt public utility holding company under PUHCA
> by virtue of its ownership of Florida Power Corporation, an electric
> utility serving customers in Florida. CP&L Energy, Inc., which also is
> an exempt holding company under PUHCA, is the parent company of
> Carolina Power and Light Company ("CP&L"), an electric utility serving
> customers in North and South Carolina. FPC and CP&L Energy, Inc. have
> entered into a share exchange agreement pursuant to which CP&L Energy
> will acquire FPC, and CP&L Energy has applied for Securities and
> Exchange Commission ("SEC") approval of that transaction. Upon the
> closing of the share exchange transaction, CP&L Energy, Inc. will
> become a registered holding company under PUHCA.
>
> The application states that Progress is and will be engaged, directly
> or indirectly through one or more "affiliates" (as defined in Section
> 2(a)(11)(B) of the 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.
> In connection with the share exchange transaction, Progress is
> expected to take ownership of Caronet, Inc. ("Caronet"), the
> wholly-owned telecommunications subsidiary of CP&L, and to manage and
> operate the combined fiber networks of Progress and Caronet. Caronet
> has filed a separate application (NSD-L-00-37) for a determination of
> its ETC status.
>
> The application further states that Progress is certificated in
> Florida as an Alternative Local Exchange Carrier ("ALEC"). Progress
> currently offers, and will continue to offer, telecommunications
> services, and to provide dark fiber for communications services, to
> affiliated and non-affiliated companies, including companies offering
> energy and energy-related products and services. Progress states that
> it operates as a carrier's carrier, offering broadband capacity
> services to other telecommunications carriers on a wholesale basis.
> Although permitted under its ALEC certification, Progress does not
> currently offer retail telecommunications services to end-users. The
> application also states that Progress may in the future, directly or
> indirectly through one or more affiliates, 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, 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-00-38**.
>
> 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-**