PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴� News Media Information (202) 418-0500. Internet http://www.fcc.gov DA-99-355 February 19, 1999 Lattice Communications, LLC, Seeks Commission Determination of "Exempt Telecommunications Company" Status Under the Public Utility Holding Company Act of 1935, As Amended by Section 103 of the Telecommunications Act of 1996 On February 16, 1999, Lattice Communications, LLC ("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 telephone company ("ETC"). Applicant is owned by Cinergy Communications, Inc., a Delaware corporation and an ETC, by Lattice Investors, L.P., a Delaware limited partnership, and by Lattice Partners, LTD, an Ohio limited liability company. Cinergy Communications, Inc., is an indirect wholly-owned subsidiary of Cinergy Corp. Cinergy is a registered holding company under PUHCA. Applicant intends to acquire and develop a large portfolio of communications towers in the midwest to serve the growing needs of the wireless telecommunications industry. It will lease space on its towers to wireless communication providers and serve as a one-stop shop to providers by also offering tower design and construction, antennae installation, and tower maintenance services. In the future, Applicant, directly or indirectly through one or more affiliates (as defined in Section 2(a)(11)(B) of PUHCA), may provide additional telecommunications services, information services, and/or products or services within the meaning of Section 34(a)(1) of PUHCA. Applicant is concurrently providing copies of this application to the Securities and Exchange Commission, the Indiana Utility Regulatory Commission, the Public Utilities Commission of Ohio and the Kentucky Public Service Commission. This proceeding is considered "permit but disclose" proceeding for purposes of the Commission's ex parte rules. See generally 47 C.F.R.  1.1200(a)-1.1206(a). Persons wishing to file comments, regarding the adequacy or accuracy of the Lattice Communications, LLC application requesting status as an ETC, must do so no later than March 10, 1999. All comments should also be served on the applicants. Reply comments must be filed no later than March 17, 1999. Interested parties should file an original and four copies of their comments with the Office of the Secretary, Federal Communications Commission, 445 Twelfth St., S.W., Room TW-A325, Washington, D.C. 20554. In addition, parties should send two copies to Al McCloud, Common Carrier Bureau, FCC, Suite 210M, 2000 M Street, N.W., Washington, D.C. 20554, and one copy to ITS, at 1231 20th Street, N.W., Washington, D.C. 20036. All filings concerning any of the matters referenced in this Public Notice should refer to File No. ETC 99-01. The application will be available for public inspection Monday through Friday in Room 210M, 2000 M St., N.W., Washington, D.C. Copies may be purchased by calling International Transcription Services, Inc., (ITS) at (202) 857-3800. For further information regarding this application, contact Al McCloud in the Network Services Division at (202) 418-2499. By the Chief, Network Services Division Common Carrier Bureau