1 News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov TTY 202 / 418-2555 1 PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 DA 00-1038 May 10, 2000 Usource, Inc. Seeks Commission Determination of "Exempt Telecommunications Company" Status Under the Public Utility Holding Company Act NSD File No: ETC 00-19 Pleading Cycle Established Comments Due: May 31, 2000 Reply Comments Due: June 7, 2000 On April 17, 2000, Usource, Inc. ("Usource" or "Applicant"), 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, Pub. L. No. 104-104, filed an application requesting a Commission determination that it is an exempt telecommunications company ("ETC"). Usource is a Delaware corporation and is a wholly subsidiary of Unitil Resources, Inc., and an indirect subsidiary of Unitil Corporation ("Unitil", a New Hampshire corporation and a public utility holding company registered pursuant to PUHCA. Usource is an associate company, within the meaning of PUHCA, Section 2(a)(10), of the following public utility companies: Concord Electric Company; Exeter & Hampton Electric Company; Fitchburg Gas and Electric Light Company; and Unitil Power Corp. Usource states it will be engaged (as defined in PUHCA Section 2(a)(11)(B)) directly or indirectly through one or more "affiliates", 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). Usource states that it provides an Internet-based energy marketplace that allows energy consumers access to a customer-driven auction process for energy commodities and to a suite of value-added energy products, services, and tools. Usource states it runs on the transactional-based software and retail energy commodity Exchange developed and licensed by Enermetrix.com to assist customers with their energy procurement process and to ensure highly competitive, time-sensitive bids from energy suppliers. Through the Usource homepage, energy consumers and energy suppliers are able to conduct transactions involving energy commodities using the advantages of transactional e-commerce. Usource states it will provide energy service providers with an Internet based energy marketplace to offer energy consumers products and services and will also provide data and information service to commercial and industrial customers desiring to control their energy procurement process and manage their energy usage. In accordance with 47 C.F.R. Section 1.5004, if the Commission does not issue an order denying an ETC application within 60 days of receipt of the applications, in this case, April 26, 2000, the application will be deemed granted as a matter of law. In accordance with 47 C.F.R. Section 1.5003, a person applying in good faith for a Commission determination of ETC status is deemed to be an ETC from the date of receipt of the application, in this case, April 26, 2000, until the date of Commission action pursuant to 47 C.F.R. Section 1.5004. In accord with 47 C.F.R. Section 1.5005, the Secretary of the Commission is now notifying the Securities and Exchange Commission (SEC) that the Applicant is deemed to be exempt telecommunications company. In the event that the Commission issues an order within 60 days of receipt of the application denying the application, the Secretary will so notify the SEC. Otherwise, the Commission will take no further action to grant this application. This proceeding is considered a "permit but disclose" proceeding for purposes of the Commission's ex parte rules. See generally 47 C.F.R. Sections 1.1200 - 1.1206. Persons wishing to file comments, regarding the adequacy or accuracy of the Applicant's application requesting status as an ETC, must do so no later than May 31, 2000. All comments should also be served on the Applicant. Reply comments must be filed no later than June 7, 2000. Interested parties should file an original and four copies of their comments with the Office of the Secretary, Federal Communications Commission, 445 Twelfth St., SW, Room TW-A325, Washington, D.C. 20554. In addition, parties should send one copy to ITS, at 1231 20th Street, NW, Washington, D.C. 20036 and two copies to Al McCloud, Common Carrier Bureau, Network Services Division, FCC, 445 12th Street, SW, Room 6-A320, Washington, D.C. 20554. All filings concerning any of the matters referenced in this Public Notice should refer to NSD File No. ETC 00-19. The application will be available for public inspection Monday through Friday in the FCC Reference Center, Portals II, 445 12th Street, SW, Suite CY-A257, Washington, D.C., 20554, (202) 418-0267. For further information, contact Al McCloud, (202) 418-2499 (voice), amccloud@fcc.gov or Marty Schwimmer, (202) 418-2320 (voice), mschwimm@fcc.gov, of the Network Services Division, Common Carrier Bureau. The TTY number is (202) 418-0484. -FEDERAL COMMUNICATIONS COMMISSION-