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

**Federal Communications Commission**

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

**Washington, D.C. 20554**

**DA 01-365**

> **February 12, 2001**
>
> **AGL NETWORKS, LLC Seeks Commission Determination of \"Exempt
> Telecommunications Company\" Status Under the Public Utility Holding
> Company Act**
>
> **NSD File No: ETC 01-02**
>
> **Pleading Cycle Established**
>
> **Comments Due: February 22, 2001** **Reply Comments Due: March 1,
> 2001**
>
> On January 11, 2001, AGL Networks, LLC ("AGL Networks"), 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 AGL Networks is a wholly owned subsidiary
> of AGL Resources Inc., a public company organized under the laws of
> the state of Georgia and a public utility holding company registered
> under the 1935 Act. AGL Networks is an associate company within the
> meaning of Section 2(a)(10) of the 1935 Act of the following public
> utility companies: Atlanta Gas Light Company, Chattanooga Gas Company
> and Virginia Natural Gas, Inc.
>
> The application states that AGL Networks is and will be engaged
> directly or indirectly through one or more "affiliates" (as defined in
> PUCHA Section 2 (a)(11)(B), 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 PUCHA Section 34(a)(1).
>
> 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 by March 12, 2001, 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 from January 11,
> 2001, 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 Applicant's application
> requesting status as an ETC, must do so no later than **February 22,
> 2001**. All comments should also be served on the Applicants. Reply
> comments must be filed no later than **March 1, 2001.**
>
> 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 Carmell Weathers, 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 01-02**.
>
> 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 Carmell Weathers, (202) 418-2325
> (voice), [**cweather@fcc.gov**](mailto:cweather@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 web site:
> [**http://www.fcc.gov/ccb/nsd/documents/ETC.html**](http://www.fcc.gov/ccb/nsd/documents/ETC.html).
>
> **-FEDERAL COMMUNICATIONS COMMISSION-**