******************************************************** 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 97-847 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) The Respective Applications of ) Dakota Cooperative Telecommunications, Inc., ) Dakota Telecom, Inc., and ) Dakota Wireless Systems, Inc. ) File No. ETC-97-5 for a Determination of Exempt Telecommunications ) 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: I. Background 1. On March 21, 1997, Dakota Cooperative Telecommunications, Inc. ("Dakota"), Dakota Telecommunications Systems, Inc. ("DTS"), Dakota Telecom, Inc. ("DTI) and Dakota Wireless Systems, Inc. ("DWS") (individually, an "Applicant" and collectively the "Applicants"), filed a consolidated application for a Commission determination that each Applicant qualifies as an "exempt telecommunications company" ("ETC") 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. The Applicants' consolidated application was placed on public notice for comment on the adequacy and accuracy of the representations contained therein on March 21, 1997, Dakota Cooperative Telecommunications, Inc. et al., DA No. 97-605 (OGC released March 21, 1997). No comments were filed in response to the public notice. As explained below, because each Applicant satisfies the statutory criteria required for an affirmative determination of ETC status, Applicants' consolidated application is, therefore, granted. 2. Each of the Applicants represents that it is a South Dakota corporation. Applicants further represent that each is currently 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). Each of the Applicants represent that it is neither a public utility holding company under PUHCA nor an "affiliate," as that term is defined in PUHCA section 2(a)(11)(B), of a public utility holding company. However, each of the Applicants represent that it may, after obtaining a Commission determination of ETC status, be acquired by a public utility holding company, or have a public utility holding company maintain an interest in it, as expressly permitted by Sections 34(c)-(d) of PUHCA. 3. According to the consolidated application, Dakota owns 100% of the shares of the issued and outstanding stock of DTI, DTS and DWS. All of the Applicants do business in the states of South Dakota, Iowa and Minnesota. Dakota is primarily engaged in the business of providing local telephone service in the state of South Dakota. DTI is primarily engaged in the business of providing cable television service in the states of South Dakota, Iowa and Minnesota. DTI is also certified by the South Dakota Public Utilities Commission to provide telecommunications services in the state of South Dakota. DTS is primarily engaged in the business of providing competitive local telephone service in the state of South Dakota. DTS is certified by the South Dakota Public Utilities Commission to provide telecommunications services in the state of South Dakota. Finally, DWS is primarily engaged in the business of providing wireless service. 4. Based upon the representations contained in the Applicants' consolidated application, we find that each Applicant 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 consolidated application 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