[Title 47 CFR T]
[Code of Federal Regulations (annual edition) - October 1, 2004 Edition]
[Title 47 - TELECOMMUNICATION]
[Chapter I - FEDERAL COMMUNICATIONS COMMISSION]
[Subchapter A - GENERAL]
[Part 1 - PRACTICE AND PROCEDURE]
[Subpart T - Exempt Telecommunications Companies]
[From the U.S. Government Printing Office]


47TELECOMMUNICATION12004-10-012004-10-01falseTSubpart TTELECOMMUNICATIONFEDERAL COMMUNICATIONS COMMISSIONGENERALPRACTICE AND PROCEDURE
              Subpart T_Exempt Telecommunications Companies



Sec. 1.5000  Purpose.

    The purpose of part 1, subpart S, is to implement Section 34(a) of 
the Public Utility Holding Company Act of 1935, 15 U.S.C. Sec. 79 et 
seq., as added by Section 103 of the Telecommunications Act of 1996, 
Public Law No. 104-104, 110 Stat. 56 (1996).

[61 FR 52899, Oct. 9, 1996; 61 FR 57335, Nov. 6, 1996]



Sec. 1.5001  Definitions.

    (a) For the purpose of this part, the terms telecommunications 
services and information services shall have the same

[[Page 414]]

meanings as provided in the Communications Act of 1934, as amended;
    (b) Commission shall be defined as the Federal Communications 
Commission; and
    (c) ETC shall be defined as an exempt telecommunications company.

[61 FR 52899, Oct. 9, 1996; 61 FR 57335, Nov. 6, 1996]



Sec. 1.5002  Contents of application and procedure for filing.

    (a) A person seeking status as an exempt telecommunications company 
(applicant) must file with the Commission with respect to the company or 
companies which are eligible companies owned or operated by the 
applicant, and serve on the Securities and Exchange Commission and any 
affected State commission, the following:
    (1) A brief description of the planned activities of the company or 
companies which are or will be eligible companies owned and/or operated 
by the applicant;
    (2) A sworn statement, by a representative legally authorized to 
bind the applicant, attesting to any facts or representations presented 
to demonstrate eligibility for ETC status, including a representation 
that the applicant is engaged directly, or indirectly, wherever located, 
through one or more affiliates (as defined in Section 2(a)(11)(B) of the 
Public Utility Holding Company Act of 1935), and exclusively in the 
business of providing:
    (i) Telecommunications services;
    (ii) Information services;
    (iii) Other services or products subject to the jurisdiction of the 
Commission; or
    (iv) Products or services that are related or incidental to the 
provision of a product or service described in paragraph (a)(1)(i), 
(a)(1)(ii), or (a)(1)(iii); and
    (3) A sworn statement, by a representative legally authorized to 
bind the applicant, certifying that the applicant satisfies part 1, 
subpart P, of the Commission's regulations, 47 CFR 1.2001 through 
1.2003, regarding implementation of the Anti-Drug Abuse Act of 1988, 21 
U.S.C. 862.

[61 FR 52899, Oct. 9, 1996; 61 FR 57335, Nov. 6, 1996]



Sec. 1.5003  Effect of filing.

    A person applying in good faith for a Commission determination of 
exempt telecommunications company status will be deemed to be an exempt 
telecommunications company from the date of receipt of the application 
until the date of Commission action pursuant to Sec. 1.5004.

[61 FR 52899, Oct. 9, 1996; 61 FR 57335, Nov. 6, 1996]



Sec. 1.5004  Commission action.

    If the Commission has not issued an order granting or denying an 
application within 60 days of receipt of the application, the 
application will be deemed to have been granted as a matter of law.

[61 FR 52899, Oct. 9, 1996; 61 FR 57335, Nov. 6, 1996]



Sec. 1.5005   Notification of Commission action to the Securities and 
Exchange Commission.

    The Secretary of the Commission will notify the Securities and 
Exchange Commission whenever a person is determined to be an exempt 
telecommunications company.

[61 FR 52899, Oct. 9, 1996; 61 FR 57335, Nov. 6, 1996]



Sec. 1.5006   Procedure for notifying Commission of material change in facts.

    If there is any material change in facts that may affect an ETC's 
eligibility for ETC status under Section 34(a)(1) of the Public Utility 
Holding Company Act of 1935, the ETC must, within 30 days of the change 
in fact, either:
    (a) Apply to the Commission for a new determination of ETC status;
    (b) File a written explanation with the Commission of why the 
material change in facts does not affect the ETC's status; or
    (c) Notify the Commission that it no longer seeks to maintain ETC 
status.

[61 FR 52899, Oct. 9, 1996; 61 FR 57335, Nov. 6, 1996]

[[Page 415]]



Sec. 1.5007   Comments.

    (a) Any person wishing to be heard concerning an application for ETC 
status may file comments with the Commission within fifteen (15) days 
from the release date of a public notice regarding the application, or 
such other period of time set by the Commission. Any comments must be 
limited to the adequacy or accuracy of the application.
    (b) Any person who files comments with the Commission must also 
serve copies of all comments on the applicant.
    (c) An applicant has seven (7) days to reply to any comments filed 
regarding the adequacy and accuracy of its application, or such other 
period of time as set by the Commission. Such reply shall be served on 
the commenters.

[61 FR 52899, Oct. 9, 1996; 61 FR 57335, Nov. 6, 1996]