******************************************************** 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 97-846 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Application of Access Communications, LLC for a ) Determination of Exempt Telecommunications ) File No. ETC-97-4 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: April 21, 1997 Released: April 22, 1997 By the General Counsel: 1. On March, 10, 1997, Access Communications, LLC ("Access") 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. Access filed an erratum on March 11, 1997. Access's application was placed on public notice for comment on the adequacy and accuracy of the representations contained therein on March 12, 1997. Access Communications, LLC, Public Notice, DA No. 97-516 (OGC released March 12, 1997). No comments were filed in response to the public notice. As explained below, Access satisfies the statutory criteria required for an affirmative determination of ETC status and its application is, therefore, granted. 2. Access states that it is a limited liability company formed under the laws of the state of Maine, and that it intends to become a direct or indirect subsidiary company of Bangor Hydro-Electric Company ("Bangor"), an exempt public utility holding company under PUHCA. Access further represents that it will be engaged, directly or indirectly through one or more "affiliates," as defined in Section 2(a)(11)(b) of PUHCA, 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 Section 34(a)(1) of PUHCA. 3. Access states that it may provide or engage in a wide variety of permitted activities. For example, Access may engage in sales of local exchange, wireless, long distance, video, and data services, on a retail or wholesale basis. Second, Access represents that it may sell or lease long-haul fiber capacity on a wholesale basis to non-affiliated companies. In this regard, Access states that it would provide bulk communications capacity to carriers or other non-affiliates who in turn could resell the capacity to third parties. Third, Access represents that it may develop and market software and/or hardware to provide energy brokering services via radio, landline or fiber networks, furnishing consumers with much-needed energy market information, including information regarding energy sales and purchase transactions. Fifth, Access represents that it may provide remote alarm monitoring and response services to both residential and commercial customers. Finally, Access states that it may develop full-service interactive networks using hybrid fiber/coaxial technology, allowing the company to provide a full range of advanced telephony, video, and data services to businesses and residential consumers, such as cable television services, competitive access telephony, basic Internet services, high bandwidth data services and equipment and smart home/energy management serv- ices. 4. Based upon the representations contained in Access's application, Access meets the statutory requirements for 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 Access 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