******************************************************** 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 97-1545 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Application of EUA Telecommunications Corporation ) for a Determination of Exempt Telecommunications ) File No. ETC-97-7 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: July 21, 1997 Released: July 21, 1997 By the General Counsel: 1. On May 23, 1997, EUA Telecommunications Corporation ("EUA") 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. EUA's application was placed on public notice for comment on the adequacy and accuracy of the representations contained therein on May 27, 1997. EUA Telecommunications Corporation, Public Notice, DA No. 97-1111 (OGC rel. May 27, 1997). No comments were filed in response to the public notice. As explained below, EUA satisfies the statutory criteria required for an affirmative determination of ETC status and its application is, therefore, granted. 2. EUA states that it is a Massachusetts corporation and a direct, wholly-owned subsidiary of Eastern Utility Associates, a registered public utility holding company under PUHCA. EUA 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. EUA states that it may provide or engage in a wide variety of permitted activities. For example, EUA may provide both wireless and wired infrastructure facilities on a wholesale and/or retail basis to both corporate affiliates and to other third parties. EUA may also engage in joint marketing of telecommunications products and services with these third parties if potential business opportunities become available. 4. Based upon the representations contained in EUA's application, EUA 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 EUA 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