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

**Federal Communications Commission**

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

**Washington, D.C. 20554**

**DA 00-1597**

> **July 18, 2000**
>
> **Consolidated Edison Communications, Inc. Seeks Commission
> Determination of \"Exempt Telecommunications Company\" Status Under
> the Public Utility Holding Company Act**
>
> **NSD File No: ETC 00-23**
>
> **Pleading Cycle Established**

**Comments Due: August 15, 2000** **Reply Comments Due: August 22,
2000**

> On July 5, 2000, Consolidated Edison Communications, Inc.
> ("Consolidated" 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\").
>
> Consolidated is a New York corporation and a wholly-owned subsidiary
> of Consolidated Edison, Inc., which is also a New York corporation.
> The application states that it is engaged (as defined in PUHCA section
> 2(a)(11)(B)) directly, or indirectly through one or more affiliates,
> 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. Specifically, Consolidated states that it is planning to
> build and operate a fiber optic system that will provide wholesale
> transport of telecommunications, initially in the state of New York
> and eventually in the states of New Jersey, Pennsylvania, Maryland,
> Delaware, Connecticut, New Hampshire, Massachusetts, Rhode Island, and
> Vermont. It may in the future engage in other activities that fall
> within the categories et forth in Section 34(a)(1)(A-D) 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 5, 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 5, 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 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 **August 8,
> 2000**. All comments should also be served on the Applicant. Reply
> comments must be filed no later than **August 15, 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 00-23**. 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, 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-**