1 News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov TTY 202 / 418-2555 1 PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 DA 00-1713 August 1, 2000 Pantellos I Inc., et al, Seek Commission Determination of "Exempt Telecommunications Company" Status Under the Public Utility Holding Company Act Pantellos I NSD File No: ETC 00-25 Pantellos I NSD File No: ETC 00-26 Pantellos I NSD File No: ETC 00-27 Pleading Cycle Established Comments Due: August 15, 2000 Reply Comments Due: August 22, 2000 On June 29, 2000, Pantellos I Incorporated, Pantellos II Incorporated, and Pantellos Group Limited Partnership (collectively "Pantellos" or "Applicants"), 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 a joint application requesting a Commission determination that each is an exempt telecommunications company ("ETC"). The application states that Pantellos I Incorporated and Pantellos II Incorporated are wholly-owned subsidiaries of Pantellos Corporation. Pantellos Corporation filed an application for ETC status with the Commission on May 30, 2000, as amended on June 29, 2000, NSD-L-00-20, which was automatically granted on July 30, 2000. The application further states that Pantellos II Incorporated will own a one percent general partner interest in Pantellos Group Limited Partnership ("Pantellos Group"). Pantellos I Incorporated will own a 99 percent limited partnership interest in Pantellos Group. The application states that applicants will be 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 items (a) through (c) above. The application states that Pantellos Group will provide supply-chain management services through its secure Internet-based exchange that will enable electric and gas utilities and suppliers to buy and sell goods and services. They will offer a suite of utility electronic-supply chain products and services, an advanced search engine, and transaction software that will enable users to conveniently identify, locate, and purchase products and services using company agreements or Pantellos Group Limited Partnership agreements. The application further states that Pantellos Group will also offer other value-added services to participants through the Internet exchange, including market analyses, consulting services, and industry forums. In addition to or in lieu of the activities just described, the application states that each Applicant 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. These activities may include providing through the Internet exchange settlement services, asset tracking, contract compliance and performance, state and federal regulatory information and reporting, and engineering services. It also states that each Applicant may in the future obtain other e-commerce related businesses, and may as an integral part of its business purchase and re-sell assets through the Internet exchange. 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, June 29, 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, June 29, 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 each 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 Applicants application requesting status as an ETC, must do so no later than August 15, 2000. All comments should also be served on the Applicants. Reply comments must be filed no later than August 22, 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. Pantellos I, ETC 00-25; Pantellos II, ETC 00-26; and Pantellos Group, ETC 00-27. The applications 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. The full text of this document is available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW, Room CY- A257, Washington, DC 20554. This document may also be purchased from the Commission's copy contractor, International Transcription Service, Inc. (ITS), 1231 20TH 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 or Marty Schwimmer, (202) 418-2320 (voice), 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. -FEDERAL COMMUNICATIONS COMMISSION-