**PUBLIC NOTICE**![](media/image1.png){width="0.7597222222222222in"
height="0.8118055555555556in"}

**Federal Communications Commission**

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

**Washington, D.C. 20554**

**DA 04-3804**

> **December 1, 2004**
>
> **PERFECT COMMERCE, INC. SEEKS Commission Determination of \"Exempt
> Telecommunications Company\" Status**
>
> **Under the Public Utility Holding Company Act**
>
> **Comp. Pol. File No. ETC 04-07**
>
> **Pleading Cycle Established**
>
> **Comments Due: December 16, 2004** **Reply Comments Due: December 23,
> 2004**
>
> On November 18, 2004, **Perfect Commerce, Inc.** (Perfect Commerce or
> Applicant), located at **850 NW Chipman Road, Suite 5050, Lee's
> Summit, MO 64063**, submitted an application requesting a
> determination by the Federal Communications Commission (FCC or
> Commission) that it is an "exempt telecommunications company" (ETC),
> 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, Pub. L. No. 104-104, and
> section 1.5002 of the Commission's rules, 47 C.F.R. § 1.5002.
>
> The application indicates that Perfect Commerce will be engaged
> directly or indirectly through one or more affiliates exclusively 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 the products or services
> described in (a), (b), or (c). Specifically, Perfect Commerce states
> that, through its secure Internet-based exchange, it will provide
> supplier relationship management services that will enable its clients
> and their suppliers to buy and sell goods and services. Perfect
> Commerce also plans to offer market analyses and consulting services
> through its Internet exchange. The application indicates that in
> addition to, or in lieu of, these activities, Perfect Commerce may
> also engage in the future, directly, or indirectly through one or more
> affiliates, in such other business activities as are consistent with
> the definition of an ETC set forth in section 34(a)(1) of the PUHCA.
>
> Perfect Commerce states that it plans to merge with Pantellos
> Corporation (Pantellos), an ETC, and that Pantellos will become a
> wholly-owned subsidiary and affiliate of Perfect Commerce. The
> application indicates that Perfect Commerce will also be owned by a
> number of registered holding companies, or subsidiaries of registered
> holding companies, including: AEP Investments. Inc.; Carolina Power &
> Light Company; CenterPoint Energy Houston Electric, LLC; Cinergy
> Telecommunications Holding Company, Inc.; Dominion Resources, Inc.;
> Entergy Procurement Exchange Holding Company; FirstEnergy Corp.; and
> Southern Telecom, Inc.
>
> In accordance with section 1.5003, 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, in
> this case **November 18, 2004**, until the date of Commission action
> pursuant to section 1.5004. In accordance with section 1.5004 of the
> Commission's rules, 47 C.F.R § 1.5004, if the Commission does not take
> action by issuing an order denying an ETC application within sixty
> (60) days of receipt of an application, in this case **January 17,
> 2005**, the application will be deemed granted as a matter of law. In
> accordance with section 1.5005, 47 C.F.R. § 1.5005, the Secretary of
> the Commission will notify the Securities and Exchange Commission
> (SEC) if the Applicant is determined to be an Exempt
> Telecommunications Company.
>
> This proceeding is considered a \"permit but disclose\" proceeding for
> purposes of the Commission\'s *ex parte* rules, 47 C.F.R. §§ 1.1200 ‑
> 1.1216. Pursuant to section 1.5007 of the Commission\'s rules, 47
> C.F.R. § 1.5007, interested parties may file comments on or before
> **December 16**, **2004** and reply comments are due on or before
> **December 23, 2004**. Comments in this proceeding may not be filed
> using the Commission\'s Electronic Comment Filing System (ECFS). All
> filings concerning any of the matters referenced in this Public Notice
> should refer to **Comp. Pol. File No. ETC 04-07**. All comments should
> also be served on the Applicant at the address listed above.
>
> Interested parties should file an original and four (4) copies of
> their comments with the Office of the Secretary, Federal
> Communications Commission, 445 12^th^ St., S.W., Room TW-A325,
> Washington, D.C. 20554. In addition, parties should send one (1) copy
> to Best Copy and Printing, Inc., Portals II, 445 12^th^ Street, S.W.,
> Room CY-B402, Washington, D.C., 20554, telephone (202) 488-5300,
> facsimile (202) 488-5563, or via e-mail at <FCC@BCPIWEB.COM>, and two
> (2) copies to Carmell Weathers, Competition Policy Division, Wireline
> Competition Bureau, Federal Communications Commission, Portals II, 445
> 12^th^ Street, S.W., Room 5-C327, Washington, D.C. 20554. Commenters
> are also requested to fax their comments to the FCC at (202) 418-1413,
> Attention: Carmell Weathers.
>
> Filings can be sent by hand or messenger delivery, by commercial
> overnight courier, or by first-class or overnight U.S. Postal Service
> mail (although we continue to experience delays in receiving U.S.
> Postal Service mail). The Commission\'s contractor, Natek, Inc., will
> receive hand-delivered or messenger-delivered paper filings for the
> Commission\'s Secretary at 236 Massachusetts Avenue, N.E., Suite 110,
> Washington, D.C. 20002. The filing hours at this location are 8:00
> a.m. to 7:00 p.m. All hand deliveries must be held together with
> rubber bands or fasteners. Any envelopes must be disposed of before
> entering the building. Commercial overnight mail (other than U.S.
> Postal Service Express Mail and Priority Mail) must be sent to 9300
> East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service
> first-class mail, Express Mail, and Priority Mail should be addressed
> to 445 12th Street, S.W., Washington, D.C. 20554. All filings must be
> addressed to the Commission's Secretary, Office of the Secretary,
> Federal Communications Commission.
>
> The application will be available for review and copying during
> regular business hours at the FCC Reference Center, Portals II, 445
> 12^th^ Street, S.W., Room CY-A257, Washington, D.C. 20554, telephone
> (202) 418-0270. A copy of the application may also be purchased from
> the Commission's copy contractor, Best Copy and Printing, Inc.,
> Portals II, 445 12^th^ Street, S.W., Room CY-B402, Washington, D.C.
> 20554, telephone (202) 488-5300, facsimile (202) 488-5563, or via
> e-mail at <FCC@BCPIWEB.COM>.
>
> For further information, contact Carmell Weathers, (202) 418-2325
> (voice),
> [**carmell.weathers@fcc.gov**](mailto:carmell.weathers@fcc.gov), or
> Rodney McDonald, (202) 418-7513 (voice),
> [**rodney.mcdonald@fcc.gov**](mailto:rodney.mcdonald@fcc.gov), of the
> Competition Policy Division, Wireline Competition Bureau. The TTY
> number is (202) 418-0484.
>
> **-FEDERAL COMMUNICATIONS COMMISSION-**