******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** DA 97-214 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Application of CNG Telecom, Inc. for a ) Determination of Exempt Telecommunications ) File No. ETC-96-19 Company Status under Section 34 of the Public Utility ) Holding Company Act of 1935, as added by ) Section 103 of the Telecommunications Act of 1996 ) ORDER Adopted: January 29, 1997 Released: January 30, 1997 By the General Counsel: 1. On December 9, 1996, CNG Telecom, Inc. ("CNG") filed an application with the Commission for a determination of "exempt telecommunications company" ("ETC") status 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. CNG's application was placed on public notice for comment on the adequacy and accuracy of the representations contained therein on December 10, 1996. CNG Telecom, Inc., Public Notice, DA No. 96-2081 (OGC released December 10, 1996). No parties filed any comments. As explained below, CNG satisfies the statutory criteria to merit a positive determination of ETC status and its application is therefore granted. 2. CNG represents that it is a Delaware corporation that intends to become a direct or indirect subsidiary of Consolidated Natural Gas Company, a registered public utility holding company under PUHCA. CNG will be engaged, directly or indirectly, through one or more "affiliates," (as defined in PUHCA section 2(a)(11)(B)), and 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 PUHCA section 34(a)(1). 3. Specifically, CNG states that it intends to engage in a variety of permitted activities under Section 34(a)(1). For example, CNG intends to offer services to microwave service licensees relating to the installation and maintenance of their networks. CNG may also develop and/or deploy interactive technology which, among other things, would enable customers to save money by helping them respond more efficiently to variable energy pricing. Similarly, CNG may develop and market software or hardware to provide energy brokering services. Moreover, CNG may eventually engage in or provide local exchange, long distance, video, or wireless services on a wholesale or retail basis. Finally, CNG may operate one or more calling centers through which it may telemarket or provide information concerning telecommunications or information services. 4. Based upon the representations contained in CNG's application, CNG merits a determination that it is an exempt telecommunications company as that term is defined in PUHCA section 34(a)(1), as amended. 5. Accordingly, IT IS ORDERED that the application of CNG IS GRANTED. IT IS FURTHER ORDERED that the Securities and Exchange Commission SHALL BE NOTIFIED of this determination. FEDERAL COMMUNICATIONS COMMISSION William E. Kennard General Counsel