[Federal Register: May 10, 2004 (Volume 69, Number 90)]
[Proposed Rules]
[Page 25848-25856]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my04-19]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 25848]]
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1770
RIN 0572-AB77
Accounting Requirements for RUS Telecommunications Borrowers
AGENCY: Rural Utilities Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Rural Utilities Service (RUS), an agency delivering the
U.S. Department of Agriculture's Rural Development Utilities Programs,
proposes to amend its regulations on accounting policies and procedures
for RUS Telecommunications Borrowers as set forth in RUS's regulations
concerning Accounting System Requirements for RUS Telecommunications
Borrowers. This proposed rule would adopt some recent accounting
changes made by the Federal Communications Commission (FCC). These
changes include increasing the expense limit for some assets excluding
personal computers, allowing tools and test equipment located in the
central office to be expensed under the new limitation. This proposed
rule affirms the use of Class A accounts by RUS borrowers; maintains
the expense matrix requirements; maintains the requirement that
borrowers request prior approval to record extraordinary items, prior
period adjustments, and contingent liabilities; establishes policies
and procedures to permit RUS borrowers to follow Prudent Utility
Practice regarding the storage and retention of business records; and
eliminates certain Telecommunications Plant Under Construction
accounts. This proposed rule also adds three new accounting
interpretations on Allowance for Funds Used During Construction,
Reporting Comprehensive Income, and Disclosures about Pensions and
Other Postretirement Benefits.
DATES: Written comments must be received by RUS or carry a postmark or
equivalent no later than July 9, 2004.
ADDRESSES: You may submit comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting
comments.
Agency Web site: http://www.usda.gov/rus/index2/Comments.htm.
Follow the instructions for submitting comments.
E-mail: RUSComments@usda.gov. Include in the subject line
of the message ``Accounting Requirements for Telecommunications
Borrowers.''
Mail: Addressed to Richard Annan, Acting Director, Program
Development and Regulatory Analysis, Rural Development Utility
Programs, U.S. Department of Agriculture, 1400 Independence Avenue,
SW., STOP 1522, Washington, DC 20250-1522.
Hand Delivery/Courier: Addressed to Richard Annan, Acting
Director, Program Development and Regulatory Analysis, Rural
Development Utility Programs, U.S. Department of Agriculture, 1400
Independence Avenue, SW., Room 5168-S, Washington, DC 20250-1522.
Instructions: All submissions received must include that agency
name and the subject heading `` Accounting Requirements for
Telecommunications Borrowers''. All comments received must identify the
name of the individual (and the name of the entity, if applicable) who
is submitting the comment. All comments received will be posted without
change to http://www.usda.gov/rus/index2/Comments.htm, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Diana C. Alger, Chief, Technical
Accounting and Auditing Staff, Program Accounting Services Division,
Rural Utilities Service, Stop 1523, Room 2221-South Building, U.S.
Department of Agriculture, Washington, DC 20250, telephone number (202)
720-5227.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. RUS has determined that this rule meets the
applicable standards provided in section 3 of the Executive Order. In
addition, all state and local laws and regulations that are in conflict
with this rule will be preempted, no retroactive effort will be given
to this rule, and, in accordance with section 212(e) of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912(e)),
administrative appeal procedures, if any, must be exhausted before an
action against the Department or its agencies may be initiated.
Regulatory Flexibility Act Certification
RUS has determined that this proposed rule will not have a
significant economic impact on a substantial number of small entities,
as defined in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The RUS telecommunications program provides loans to borrowers at
interest rates and on terms that are more favorable than those
generally available from the private sector. RUS borrowers, as a result
of obtaining federal financing, receive economic benefits that exceed
any direct economic costs associated with complying with RUS
regulations and requirements.
This rule implements provisions of the loan documents between RUS
and those telecommunications utilities that borrow from RUS and
represents an update of existing record retention requirements. The
requirements reflect due diligence standards of both pubic and private
lenders for borrowers in the telecommunications industry. Moreover, the
requirements reflect generally accepted telecommunications industry
standards and are consistent with requirements imposed by many State
and Federal utility regulatory bodies. The rule is not expected to
materially change the current practices of most RUS borrowers and
consequently will not have a significant impact on the affected
entities.
Information Collection and Recordkeeping Requirements
This rule contains no new reporting or recordkeeping burdens under
OMB control number 0572-0003 that would require approval under the
Paperwork
[[Page 25849]]
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
National Environmental Policy Act Certification
The Administrator of RUS has determined that this proposed rule
will not significantly affect the quality of the human environment as
defined by the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). Therefore, this action does not require an environmental
impact statement or assessment.
Executive Order 12372
This proposed rule is excluded from the scope of Executive Order
12372, Intergovernmental Consultation, which may require a consultation
with State and local officials. See the final rule related notice
titled, ``Department Programs and Activities Excluded from Executive
Order 12372'' (50 FR 47034).
Catalog of Federal Domestic Assistance
The program described by this proposed rule is listed in the
Catalog of Federal Domestic Assistance Program under No. 10.851, Rural
Telephone Loans and Loan Guarantees; No. 10.852, Rural Telephone Bank
Loans; No. 10.857, Rural Broadband Access Loans and Loan Guarantees;
and No. 10.854, Distance Learning and Telemedicine Loans and Grants.
This catalog is available on a subscription basis from the
Superintendent of Documents, the United States Government Printing
Office, Washington, DC 20402. Telephone: (202) 512-1800.
Unfunded Mandates
This rule contains no Federal mandates (under the regulatory
provisions of Title II of the Unfunded Mandates Reform Act of 1995) (2
U.S.C. 1501 et seq.) for State, local, and tribal governments for the
private sector. Thus, this rule is not subject to the requirements of
section 202 and 205 of the Unfunded Mandates Reform Act of 1995.
Executive Order 13132
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on distribution of power and responsibilities among the
various levels of government. Under Executive Order 13132, this rule
does not have sufficient federalism implications for which we would
prepare a Federalism Assessment.
Background
In order to facilitate the effective and economic operation of a
business, adequate and reliable financial records must be maintained.
Accounting records must provide a clear, accurate picture of current
economic conditions from which management can make informed decisions
in charting the company's future. The rate regulated environment in
which a telecommunications carrier operates causes an even greater need
for financial information that is accurate, complete, and comparable
with that generated by other carriers. For this reason, the Federal
Communications Commission (FCC) prescribes a Uniform System of Accounts
(USoA) for the telecommunications industry.
RUS, as a Federal lender and mortgagee, and in furthering the
objectives of the Rural Electrification Act (RE Act) (7 U.S.C. 901 et
seq.) has a legitimate programmatic interest and a substantial
financial interest in requiring adequate records to be maintained. In
order to provide RUS with financial information that can be analyzed
and compared with the operations of other borrowers in the RUS program,
all RUS borrowers must maintain financial records that utilize uniform
accounts and uniform accounting policies and procedures. The standard
RUS security instrument, therefore, requires borrowers to maintain
their books, records, and accounts in accordance with methods and
principles of accounting prescribed by RUS in the RUS USoA for its
telecommunications borrowers.
The RUS USoA parallels the USoA prescribed by the FCC for
telecommunications utilities and, as such, is consistent with the
standards of financial accounting in the telecommunications industry as
a whole. As FCC amends its USoA, RUS reviews the appropriateness and
applicability of each amendment and proposes revisions, as necessary,
to the RUS USoA.
In Docket 95-60, published in the Federal Register on July 23,
1997, at 62 FR 39451, the FCC raised the expense limit on accounts
2112, 2113, 2114, 2115, 2116, 2122, 2123, and 2124 (excluding personal
computers) from $500 to $2000. RUS proposes to adopt this change.
The FCC published Docket 98-81 in the Federal Register on September
15, 1999, at 64 FR 50002. This order entailed a number of items that
RUS proposes to incorporate into its USoA.
RUS proposes combining accounts 2114 through 2116 into a single new
account 2114, Tools and Other Work Equipment. Because the assets
recorded in these accounts are similar in nature and use similar
depreciation rates, we believe that combining them would not adversely
impact loan security issues or the consistent and comparable reporting
of financial information to RUS. Nor would it affect reporting for
ratemaking purposes.
RUS proposes to eliminate account 5010 and to require that all
nonregulated revenues be recorded in account 5280, Nonregulated
Operating Revenue. This rule requires carriers to maintain subsidiary
record categories for each nonregulated revenue item recorded in this
account. Our interest is in ensuring that nonregulated revenues be
segregated from regulated revenues. This proposed change would achieve
that goal.
Docket 98-81 also eliminated the requirement in 47 CFR 32.16 for
filing projected future effects of an accounting change (revenue
requirement study) and the requirement in 47 CFR 32.2000(b) that
borrowers submit for approval, journal entries to record
telecommunications plant acquisitions of more than $1 million Class A
companies and more than $250,000 for Class B companies. Because the
need for this level of approval no longer exists, RUS proposes to
eliminate these requirements.
The FCC published Docket 99-253 in the Federal Register on March
28, 2000, at 65 FR 16328. This docket eliminated the 30-day
notification requirement for establishment of temporary or experimental
accounts found in 47 CFR 32.13(a)(3), eliminated the reclassification
requirement for property held for more than 2 years in account 2002,
Property Held for Future Telecommunications Use, and eliminated the
reclassification requirement for projects held in account 2003,
Telecommunications Plant under Construction, and suspended for more
than 6 months. RUS proposes to adopt these changes.
The FCC has also eliminated the requirement for carriers to obtain
prior approval before recording extraordinary items, contingent
liabilities, and prior period adjustments as previously required in 47
CFR 32.25. RUS proposes to retain this requirement for borrowers of the
RUS Telecommunications Program.
Additionally, this docket eliminated the expense matrix requirement
found in 47 CFR 32.5999. The information provided by this matrix is
invaluable for RUS in its analysis of the financial condition of
borrowers. RUS, therefore, proposes to retain the expense matrix
requirement.
[[Page 25850]]
Because account 2004 has been eliminated from the FCC USoA, RUS
proposes to delete accounts 2004.1, 2004.2, and 2004.3 from the
accounts required under 7 CFR 1770.15 and rename and redefine accounts
2003.1, 2003.2, and 2003.4.
In response to a change by the FCC of its revenue threshold for
classification of Class A carriers, RUS proposes to require that all
borrowers using the Class A system of accounts as of the publication
date of this proposed rule be required to continue using this system
and all new borrowers adopt the Class A system of accounts. RUS shall
continue to require financial information that can be analyzed and
compared with the operations of all other borrowers in the RUS program.
For this reason, RUS borrowers must continue to maintain financial
records that utilize uniform accounts and uniform accounting policies
and procedures.
To ensure that borrowers consistently report their financial
operations and keep pace with the changing environment in which they
operate, RUS is proposing to set forth accounting interpretations that
establish the reporting and disclosure requirements for Reporting
Comprehensive Income and Disclosures about Pensions and Other
Postretirement Benefits.
RUS is proposing to revise 7 CFR part 1770 to change the word
``companies'' to ``borrowers'' in all instances to better reflect the
current nature of the industry. RUS also proposes to specifically
identify the organizational unit within RUS to which requests for
approval and interpretations should be addressed. This revision should
assist borrowers in filing requests and should expedite the review
process within RUS.
On November 5, 2001, the FCC released its' ``Report and Order in CC
Docket NOS. 00-199, 97-212, and 80-286 Further Notice of Proposed
Rulemaking in CC Docket NOS. 00-199, 99-301, and 80-286'' addressing:
(1) The 2000 Biennial Regulatory Review--Comprehensive Review of the
Accounting Requirements and Automated Reporting Management Information
System (ARMIS) Reporting Requirements for Incumbent Local Exchange
Carriers: Phase 2, (2) Amendments to the Uniform System of Accounts for
Interconnection, (3) Jurisdictional Separations Reform and Referral to
the Federal-State Joint Board, and (4) Local Competition and Broadband
reporting. This order contains a number of items that RUS proposes to
incorporate into its USoA.
The FCC created new subaccounts for accounts 2212, 2232, 6212,
6232, and 6620. Account 2212, Digital Electronic Switching, will have
subaccounts 2212.1, Circuit, and 2212.2, Packet. Account 2232, Circuit
Equipment, will have subaccounts 2232.1, Electronic, and 2232.2,
Optical. Account 6212, Digital Electronic Switching Expense, will have
subaccounts 6212.1, Circuit, and 6212.2, Packet. Account 6232, Circuit
Equipment Expense, will have subaccounts 6232.1, Electronic, and
6232.2, Optical. Account 6620, Services, will have subaccounts 6620.1,
Wholesale, and 6620.2, Retail. RUS proposes to adopt these changes.
The FCC revised Sec. Sec. 32.1220(h) and 32.2311(f) of 47 CFR part
32 and eliminated the annual inventory requirement for materials and
supplies, and station apparatus in stock. Borrowers would be allowed
the latitude to determine the appropriate inventory validation
methodology based on risk assessment and existing controls. RUS
proposes to adopt this change.
Additionally, under 7 CFR part 32, Sec. 32.4999(L) the FCC
eliminated the ``treated traditionally'' requirement from incidental
activities. Revenues from minor nontariffed activities that are an
outgrowth of the borrower's regulated activities may be recorded as
regulated revenues under certain conditions. However, the FCC
maintained the other three requirements to provide safeguards to
prevent misuse of the incidental activities exception. RUS proposes to
adopt this change.
The FCC addressed the affiliate transaction rules under Sec. 32.27
in five distinct areas by: (1) Eliminating the requirement that
carriers make a fair market value comparison for asset transfers when
the total annual value of that asset is less than $500,000; (2) giving
carriers flexibility in valuing certain transactions by allowing the
higher or lower of cost or market valuation to operate as either a
floor or ceiling, depending on the direction of the transaction; (3)
lowering the percent of sales of assets or services to third parties,
from greater than 50 percent to 25 percent, in order to qualify for
prevailing price treatment in valuing affiliate transactions; (4)
maintaining the narrowly defined exception that provides when an
incumbent carrier purchases services from an affiliate that exists
solely to provide services to members of the carrier's corporate
family, the carrier may record the services at fully distributed cost
rather than applying the cost or market rule; and (5) maintaining the
affiliate transaction rules and not exempting nonregulated to
nonregulated transactions from the affiliate transaction rules. RUS
proposes not to adopt these changes.
The FCC modified Sec. 32.5280(c) so that incumbent local exchange
carriers (ILEC's) may group their nonregulated revenues into two
groups: One subsidiary record for all the revenues from regulated
services treated as nonregulated for federal accounting purposes
pursuant to the FCC order, and the second for all other nonregulated
revenues. RUS proposes not to adopt these changes.
Additionally, the FCC streamlined many of its accounting rules and
reporting requirements by reducing the number of Class A accounts from
296 to 164, and the number of Class B accounts from 113 to 82 accounts.
RUS proposes not to adopt this change.
On November 12, 2002, the FCC released an Order that suspended
implementation of four accounting and recordkeeping rule modifications
they previously adopted: (1) The consolidation of Accounts 6621 through
6623 into Account 6620, with subaccounts for wholesale and retail; (2)
the consolidation of Account 5230, Directory Revenue into Account 5200,
Miscellaneous Revenue; (3) the consolidation of the depreciation and
amortization expense accounts (Accounts 6561 through 6565) into Account
6562, Depreciation and Amortization Expense; and (4) the revised ``Loop
Sheath Kilometers'' data collection in Table II of ARMIS Report 43-07.
RUS agrees with this suspension.
The suspension will allow the recently established Federal-State
Joint Conference on Accounting Issues to review these rules before
carriers are required to implement them. However, those reforms
included in the FCC's November 5, 2001, Report and Order and Further
Notice of Proposed Rulemaking, took effect January 1, 2003.
List of Subjects in 7 CFR Part 1770
Loan programs--communications, Reporting and recordkeeping
requirements, Rural areas, Telecommunications, Uniform System of
Accounts.
For the reasons set out in the preamble, RUS proposes to amend
chapter XVII of title 7 of the Code of Federal Regulations by amending
part 1770 to read as follows:
1. The authority citation for part 1770 continues to read as
follows:
Authority: 7 U.S.C. 901 et seq.; 7 U.S.C. 1921 et seq.; Pub. L.
103-354, 108 Stat. 3178 (7 U.S.C. 6941 et seq.).
[[Page 25851]]
PART 1770--ACCOUNTING REQUIREMENTS FOR RUS TELECOMMUNICATIONS
BORROWERS
2. The heading for part 1770 is revised to read as set out above.
3. Subpart A is revised to read as follows:
Subpart A--Preservation of Records
Sec. 1770.1 General.
(a) This subpart establishes RUS polices and procedures for the
preservation of records of telecommunications borrowers.
(b) The regulations prescribed in this part apply to all books of
account, contracts, records, memoranda, documents, papers, and
correspondence prepared by or on behalf of the borrower as well as
those which come into its possession in connection with the acquisition
of property by purchase, consolidation, merger, etc.
(c) The regulations prescribed in this part shall not be construed
as excusing compliance with any other lawful requirements for the
preservation of records.
Sec. 1770.2 Designation of a supervisory official.
Each borrower shall designate one or more officials to supervise
the preservation of its records.
Sec. 1770.3 Index of records.
(a) Each borrower shall maintain a master index of records. The
master index shall identify the records retained, the related retention
period, and the locations where the records are maintained. The master
index shall be subject to review by RUS and RUS shall reserve the right
to add records, or lengthen retention periods upon finding that
retention periods may be insufficient for its purposes.
(b) At each office where records are kept or stored the borrower
shall arrange, file, and index the records currently at that site so
that they may be readily identified and made available to
representatives of RUS.
Sec. 1770.4 Record storage media.
Each RUS borrower has the flexibility to select its own storage
media subject to the following conditions:
(a) The storage media must have a life expectancy at least equal to
the applicable retention period provided for in the master index of
records, unless there is quality transfer from one media to another
with no loss of data. Each transfer of data from one media to another
must be verified for accuracy and documented.
(b) Each borrower is required to implement internal control
procedures that assure the reliability of, and ready access to, data
stored on machine-readable media. Internal control procedures must be
documented by a responsible supervisory official.
(c) The records shall be indexed and retained in such a manner that
they are easily accessible.
(d) The borrower shall have the hardware and software available to
locate, identify, and reproduce the records in readable form without
loss of clarity.
(e) At the expiration of the retention period, the borrower may use
any appropriate method to destroy records.
(f) When any records are lost or destroyed before the expiration of
the retention period set forth in the master index, a certified
statement shall be added to the master index listing, as far as may be
determined, the records lost or destroyed and describing the
circumstances of the premature loss or destruction.
Sec. 1770.5 Periods of retention.
(a) Except as provided for in paragraphs (b), (c), and (d) of this
section, record retention shall be consistent with Prudent Utility
Practice. Prudent Utility Practice shall mean any of the practices,
methods, and acts which, in the exercise of reasonable judgment, in
light of the facts, including but not limited to, the practices,
methods, and acts engaged in or approved by a significant portion of
the telecommunications industry prior thereto, known at the time the
decision was made, would have been expected to accomplish the desired
result consistent with cost effectiveness, reliability, safety, and
expeditiousness. It is recognized that Prudent Utility Practice is not
intended to be limited to optimum practice, method, or act to the
exclusion of all others, but rather is a spectrum of possible
practices, methods, or acts which could have been expected to
accomplish the desired result at the lowest reasonable cost consistent
with cost effectiveness, reliability, safety, and expedition.
(b) Records supporting construction financed by RUS shall be
retained until audited and approved by RUS.
(c) Records related to plant in service must be retained until the
facilities are permanently removed from utility service, all removal
and restoration activities are completed, and all costs are retired
from the accounting records unless accounting adjustments resulting
from reclassification and original costs studies have been approved by
RUS or other regulatory body having jurisdiction.
(d) Life and mortality study data for depreciation purposes must be
retained for 25 years or for 10 years after plant is retired whichever
is longer.
Sec. Sec. 1770.6-1770.9 [Reserved]
Subpart B--Uniform System of Accounts
4-5. Amend Sec. 1770.11 by revising paragraphs (b)(1) and (b)(2)
to read as follows:
Sec. 1770.11 Accounting system requirements.
* * * * *
(b) * * *
(1) RUS borrowers maintaining the accounts prescribed in 47 CFR
part 32 for Class A companies as of [EFFECTIVE DATE OF FINAL RULE]
shall continue to do so. RUS suspends implementation of the reduced
number of Class A and B accounts, until the Federal-State Joint
Conference has reviewed them.
(2) New borrowers under the RUS telecommunications program shall
maintain the accounts prescribed in 47 CFR part 32 for Class A
companies.
* * * * *
6. Amend Sec. 1770.13 by revising paragraph (d) to read as
follows:
Sec. 1770.13 Accounting requirements.
* * * * *
(d) Interpretations of RUS accounting requirements shall be
referred to the Assistant Administrator, Program Accounting and
Regulatory Analysis, Rural Utilities Service.
7. Section 1770.15 is amended by:
A. Removing account entries 2004.1, 2004.2, and 2004.3;
B. Revising account entries 2003.1, 2003.2, and 2003.3, and
C. Adding new subaccount entries 2212, 2232, 6212, 6232, and 6620.
This revision and addition are to read as follows:
Sec. 1770.15 Supplementary accounts required of all borrowers.
* * * * *
[[Page 25852]]
------------------------------------------------------------------------
Class of company
-----------------------------------
Account No. Account title
-----------------------------------
A B
------------------------------------------------------------------------
* * * * * * *
2003.1 2003.1 Telecommunications Plant Under
Construction--Contract
This account shall include all costs
incurred in the construction of
telecommunications plant performed
under contract and the cost of
software development projects that
are not yet ready for their
intended use. Included among these
costs are contractor payments and
charges for engineering,
supervision, taxes, insurance,
transportation, and other costs
incurred in contract construction.
This account shall be maintained
such that the various items of cost
are readily identifiable.
2003.2 2003.2 Telecommunications Plant Under
Construction--Force Account
This account shall include all costs
incurred in the construction of
telecommunications plant performed
by the borrowers' own employees and
the cost of software development
projects performed by the
borrowers' own employees that are
not yet ready for their intended
use. Included among these costs are
charges for material, labor,
engineering, supervision, taxes,
insurance, transportation, supply
expense, and other costs incurred
in the construction. This account
shall be maintained such that the
various items of cost are readily
identified. Specific subaccounts
should be maintained to distinguish
individual projects.
2003.3 2003.3 Telecommunications Plant Under
Construction--Work Orders
This account shall include all costs
incurred in the construction of
telecommunication plant performed
under a work order system or and
line extension contract. This type
of construction generally includes
service installations, subscriber
extensions, and minor plant
improvements after the completion
of the initial system. Included
among these costs are charges for
labor, material and supplies,
transportation, payroll taxes,
insurance, supervision, and other
costs incurred in the construction.
Subsidiary records shall be
maintained to reflect the cost of
the individual jobs. These records
shall be reconciled periodically
with the general ledger control
account. Specific subaccounts
should be maintained to accumulate
costs incurred under line extension
contracts.
* * * * * * *
2212.1 2212.1 Digital Electronic Switching--
Circuit
2212.2 2212.2 Digital Electronic Switching--Packet
* * * * * * *
2232.1 2232.1 Circuit Equipment--Electrical
2232.2 2232.2 Circuit Equipment--Optical
* * * * * * *
6212.1 6212.1 Digital Electronic Switching
Expense--Circuit
6212.2 6212.2 Digital Electronic Switching
Expense--Packet
* * * * * * *
6232.1 6232.1 Circuit Equipment Expense--
Electronic
6232.2 6232.2 Circuit Equipment Expense--Optical
* * * * * * *
6620.1 6620.1 Services--Wholesale
6620.2 6620.2 Services--Retail
* * * * * * *
------------------------------------------------------------------------
8. Section 1770.17 is added to read as follows:
Sec. 1770.17 Expense matrix.
The expense accounts shall be maintained by the following
subsidiary record categories, as appropriate to each account. Such
subsidiary record categories shall be reported as required by 47 CFR
part 43.
(a) Salaries and wages. This subsidiary record category shall
include compensation to employees, such as wages, salaries,
commissions, bonuses, incentive awards, and termination payments.
(b) Benefits. This subsidiary record category shall include payroll
related benefits on behalf of employees such as the following:
(1) Pensions;
(2) Savings plan contributions (company portion);
(3) Worker's compensation required by law;
(4) Life, hospital, medical, dental, and vision plan insurance; and
(5) Social Security and other payroll taxes.
(c) Rents. (1) This subsidiary record category shall include
amounts paid for the use of real and personal operating property.
Amounts paid for real property shall be included in Account 6121, Land
and Buildings Expense. This category includes payments for operating
leases but does not include payments for capital leases.
(2) This subsidiary record category is applicable only to the Plant
Specific Operations Expense accounts. Incidental rents, e.g., short-
term rental car expense, shall be categorized as Other Expenses (see
paragraph (d) of this section) under the account which reflects the
function for which the incidental rent was incurred.
(d) Other expenses. This subsidiary record category shall include
costs which cannot be classified to the other subsidiary record
categories. Included are material and supplies, including provisioning
(note also Account 6512, Provisioning Expense); contracted services;
accident and damage payments, insurance premiums; traveling expenses
and other miscellaneous costs.
(e) Clearances. This subsidiary record category shall include
amounts
[[Page 25853]]
transferred to Construction accounts (see 47 CFR 32.2000(c)(2)(iii)),
other Plant Specific Operations Expense accounts and/or Account 3100,
Accumulated Depreciation (cost of removal; see 47 CFR
32.2000(g)(1)(iii)), as appropriate, from Accounts 6112, Motor Vehicles
Expense, 6114, Tools and Other Work Equipment Expense, 6534, Plant
Operations and Administration Expense, and 6535, Engineering Expense.
There shall also be transfers to Construction or other Plant Specific
Operations Expense accounts, as appropriate, from Account 6512,
Provisioning Expense. With respect to these expenses, companies may
establish such clearing accounts as they deem necessary to accomplish
substantially the same results, provided that within thirty (30) days
of the opening of such accounts, companies shall notify the FCC of the
nature and purpose thereof. Additional clearing accounts affecting
other expense areas may be established with prior approval of the FCC.
Should companies elect, the initial incurred subsidiary record category
identification may be carried through to the final accounts without FCC
approval.
9. Section 1770.25 is added to read as follows:
Sec. 1770.25 Unusual items and contingent liabilities.
Extraordinary items, prior period adjustments and contingent
liabilities shall be submitted to RUS for review before being recorded
in the company's books of account. The materiality of corrections of
errors in prior periods shall be measured in relation to the summary
account level used for reporting purposes for Class A companies, or in
relation to total operating revenues or total operating expenses for
Class B companies. For Class A companies, no correction in excess of
one percent of the aggregate summary account dollars or one million
dollars, whichever is higher, may be recorded in current operating
accounts without prior approval. For Class B companies, no correction
which exceeds one percent of total operating revenues or one percent of
total operating expenses, depending on the nature of the item, may be
recorded in current operating accounts without prior approval.
Subpart C--Accounting Interpretations
10-12. The Appendix to Subpart C is amended by:
A. Adding under ``Numerical Index'' and ``Number and Title'', in
numerical order, the new numbers and their respective titles;
B. Adding under ``Subject Matter Index'', in alphabetic order, new
subjects and their respective number, and
C. Add at the end of this Appendix, the new numbers and
descriptions.
These additions are to read as follows:
APPENDIX TO SUBPART C TO PART 1770--ACCOUNTING METHODS AND PROCEDURES
REQUIRED OF ALL BORROWERS
* * * * *
Numerical Index
Number and Title
* * * * *
107 Allowance for Funds Used During Construction
108 Reporting Comprehensive Income
109 Disclosures About Pensions and Other Postretirement Benefits
* * * * *
Subject matter index Number
A
AFUDC....................................................... 107
C
* * * * *
Comprehensive Income........................................ 108
* * * * *
D
Disclosures................................................. 109
* * * * *
I
Income, Other Comprehensive................................. 108
* * * * *
O
Other Postretirement Benefits............................... 109
P
Pensions.................................................... 109
* * * * *
107 Allowance for Funds Used During Construction
A. Statement of Financial Accounting Standard No. 34,
Capitalization of Interest Cost, established the standards for
capitalizing interest cost as a part of the historical cost of
acquiring certain assets. In order to capitalize interest, the asset
must require a period of time to complete or to get it ready for its
intended use. This standard applies to all entities that construct
facilities for their own use and should be applied by RUS
Telecommunications borrowers as follows:
1. Only actual interest costs incurred on external borrowings
qualify to be capitalized. The interest rate used to calculate the
amount of interest to be capitalized is based on the companies
external borrowings. If a construction project is associated with
specific debt, the interest rate on that debt is used to calculate
interest cost to be capitalized. If the project is not associated
with a specific debt, a weighted average of the rates of all
existing debt shall be applied to expenditures for the project.
There is no materiality threshold for adoption of this standard (47
CFR 32.26).
2. If a borrower is involved in a joint construction project,
all determinations as to the amount of interest incurred and
qualified for capitalization must be based on individual financing
arrangements with regard to the Interest During Construction rules.
3. The capitalization period shall end when the asset is
substantially complete and ready for its intended use.
Disclosures
A. The following information with respect to interest cost shall
be disclosed in the financial statements or related notes:
1. For an accounting period in which no interest cost is
capitalized, the amount of interest cost incurred and charged to
expense during the period.
2. For an accounting period in which some interest cost is
capitalized, the total amount of interest cost incurred during the
period and the amount thereof that has been capitalized.
108 Reporting Comprehensive Income
A. In June 1997, the Financial Accounting Standards Board issued
Statement of Financial Accounting Standards No. 130, Reporting
Comprehensive Income. This statement requires that all items that
meet the definition of the components of comprehensive income be
reported in the financial statements for the period in which they
are recognized. Statement 130 establishes a distinction between
comprehensive income and other comprehensive income.
1. Comprehensive income is composed of net income and other
comprehensive income. The net income is the result of operations
resulting from the aggregation of revenues, expenses, gains and
losses that are not items that comprise other comprehensive income.
2. Other comprehensive income is composed of the following:
(a) Foreign currency items,
(b) Minimum pension liability adjustments, and
(c) Unrealized gains and losses on certain investments in debt
and equity securities.
Gains or losses on investment securities included in the net
income of the current period that also had been included in other
comprehensive income as unrealized holding gains or losses in a
prior period must be adjusted (called reclassification adjustments)
in the presentation of other comprehensive income in the current
period.
B. Comprehensive income expressed as a formula would be:
Net Income items of other comprehensive income =
comprehensive income.
While Statement 130 requires that comprehensive income should be
divided into two broad display classifications, net income and other
comprehensive income, it does not prescribe a specific format for
displaying comprehensive income in the financial statements.
C. RUS telecommunications borrowers that present a single
Statement of Operations and Patronage Capital should present the
components of other comprehensive income
[[Page 25854]]
below the total for net income and then present the reconciliation
of patronage capital (Retained Earnings). Borrowers that present a
separate Statement of Patronage Capital (or Retained Earnings)
should display the beginning balance of patronage capital (or
retained earnings), net income for the period, other items of
comprehensive income and total comprehensive income before the
presentation of other items of patronage capital (or retained
earnings) for the period.
109 Disclosures About Pensions and Other Postretirement Benefits
A. Statement of Financial Accounting Standards (SFAS) No. 132,
Employers' Disclosures about Pensions and Other Postretirement
Benefits, issued in February 1998, is effective for fiscal years
beginning after December 15, 1998. This statement revises employers'
disclosure requirements for pension and other postretirement benefit
plans. It does not change the measurement or recognition of those
plans. The statement also permits reduced disclosures for nonpublic
entities, which are defined as any entity other than one:
1. Whose debt or equity securities trade in a public market
either on a domestic or foreign stock exchange or in the over-the-
counter market, including securities quoted only locally or
regionally,
2. That makes a filing with a regulatory agency in preparation
for the sale of any class of debt or equity securities in a public
market, or
3. That is controlled by an entity covered by 1 or 2 above.
Public Entities and Those Controlled by Public Entities
A. A commercial RUS Telecommunications borrower that meets the
definition of a public entity and sponsors one or more defined
benefit pension or postretirement benefit plan shall provide the
following information on a comparative basis for the statements
presented:
1. A reconciliation of beginning and ending balances of the
benefit obligation showing separately, if applicable, the effects
during the period attributable to each of the following:
(a) Service cost,
(b) Interest cost,
(c) Contributions by plan participants,
(d) Actuarial gains and losses,
(e) Foreign currency exchange rate changes,
(f) Benefits paid,
(g) Plan amendments,
(h) Business combinations,
(i) Divestitures,
(j) Curtailments,
(k) Settlements, and
(l) Special termination benefits.
2. A reconciliation of beginning and ending balances of the fair
value of plan assets showing separately, if applicable, the effects
during the period attributable to each of the following:
(a) Actual return on plan assets,
(b) Foreign currency exchange rate changes,
(c) Contributions by the employer,
(d) Contributions by plan participants,
(e) Benefits paid,
(f) Business combinations,
(g) Divestitures, and
(h) Settlements.
3. The funded status of the plans, the amounts not recognized in
the statement of financial position, and the amounts recognized in
the statement of financial position, including:
(a) The amount of any unamortized prior service cost.
(b) The amount of any unrecognized net gain or loss (including
asset gains and losses not yet reflected in market-related value).
(c) The amount of any remaining unamortized, unrecognized net
obligation or net asset existing at the initial date of application
of SFAS No. 87, Employers' Accounting for Pensions, or SFAS No. 106,
Employers' Accounting for Postretirement Benefits Other Than
Pensions.
(d) The net pension or other postretirement benefit prepaid
assets or accrued liabilities.
(e) Any intangible asset and the amount of accumulated other
comprehensive income recognized pursuant to paragraph 37 of SFAS No.
87, as amended.
4. The amount of net periodic benefit cost recognized, showing
separately:
(a) The service cost component,
(b) The interest cost component,
(c) The expected return on plan assets for the period,
(d) The amortization of the unrecognized transition obligation
or transition asset,
(e) The amount of recognized gains and losses, the amount of
prior service cost recognized, and
(f) The amount of gain or loss recognized due to a settlement or
curtailment.
5. The amount included within other comprehensive income for the
period arising from a change in the additional minimum pension
liability recognized pursuant to paragraph 37 of SFAS No. 87, as
amended.
6. On a weighted-average basis, the following assumptions used
in the accounting for the plans:
(a) Assumed discount rate,
(b) Rate of compensation increase (for pay-related plans), and
(c) Expected long-term rate of return on plan assets.
7. The assumed health care cost trend rate(s) for the next year
used to measure the expected cost of benefits covered by the plan
(gross eligible charges) and a general description of the direction
and pattern of change in the assumed trend rates thereafter,
together with the ultimate trend rate(s) and when that rate is
expected to be achieved.
8. The effect of a one-percentage-point increase and the effect
of a one-percentage-point decrease in the assumed health care cost
trend rates on (for purposes of this disclosure, all other
assumptions shall be held constant, and the effects shall be
measured based on the substantive plan that is the basis for the
accounting):
(a) The aggregate of the service and interest cost components of
net periodic postretirement health care benefit cost, and
(b) The accumulated postretirement benefit obligation for health
care benefits.
9. If applicable, the amounts and types of securities of the
employer and related parties included in plan assets, the
approximate amount of future annual benefits of plan participants
covered by insurance contracts issued by the employer or related
parties, and any significant transactions between the employer or
related parties and the plan during the period.
10. If applicable, any alternative amortization method used to
amortize prior service amounts or unrecognized net gains and losses
pursuant to paragraphs 26 and 33 of SFAS No. 87 or paragraphs 53 and
60 of SFAS No. 106.
11. If applicable, any substantive commitment, such as past
practice or a history of regular benefit increases, used as the
basis for accounting for the benefit obligation.
12. If applicable, the cost of providing special or contractual
termination benefits recognized during the period and a description
of the nature of the event.
13. An explanation of any significant change in the benefit
obligation or plan assets not otherwise apparent in the other
disclosures.
B. RUS Telecommunications borrowers that sponsor two or more
pension or postretirement plans may aggregate the required
disclosures. If the disclosures are aggregated, the aggregate
benefit obligation and aggregate fair value of plan assets for plans
with benefit obligations in excess of plan assets must be disclosed.
C. RUS Telecommunications borrowers sponsoring defined
contribution plans shall disclose the amount of cost recognized for
defined contribution pension or other postretirement benefit plans
during the period separately from the amount of cost recognized for
defined benefit plans. The disclosures shall include a description
of the nature and effect of any significant changes during the
period affecting comparability, such as a change in the rate of
employer contributions, a business combination, or a divestiture.
Nonpublic Entities
A. RUS commercial and cooperative type borrowers that meet the
definition of a nonpublic entity, as previously defined, may elect
to meet the following reduced disclosure requirements:
1. The benefit obligation.
2. Fair value of plan assets.
3. Funded status of the plan.
4. Employer contributions.
5. Participant contributions.
6. Benefits paid.
7. The amounts recognized in the statement of financial
position, including the net pension and other postretirement benefit
prepaid assets or accrued liabilities and any intangible asset and
the amount of accumulated other comprehensive income recognized
pursuant to paragraph 37 of SFAS No. 87, as amended.
8. The amount of net periodic benefit cost recognized and the
amount included within other comprehensive income arising from a
change in the minimum pension liability recognized pursuant to
paragraph 37 of SFAS No. 87, as amended.
9. On a weighted-average basis, the following assumptions used
in the accounting for the plans: assumed discount
[[Page 25855]]
rate, rate of compensation increase (for pay-related plans), and
expected long-term rate of return on plan assets.
10. The assumed health care cost trend rate(s) for the next year
used to measure the expected cost of benefits covered by the plan
(gross eligible charges) and a general description of the direction
and pattern of change in the assumed trend rates thereafter,
together with the ultimate trend rate(s) and when that rate is
expected to be achieved.
11. If applicable, the amounts and types of securities of the
employer and related parties included in plan assets, the
approximate amount of future annual benefits of plan participants
covered by insurance contracts issued by the employer or related
parties, and any significant transactions between the employer or
related parties and the plan during the period.
12. The nature and effect of significant nonroutine events, such
as amendments, combinations, divestitures, curtailments, and
settlements.
B. The majority of RUS Telecommunications borrowers will fall
within the definition of nonpublic entities with exception of those
held by publicly traded holding companies.
Multiemployer Plans
A. An RUS Telecommunications borrower shall disclose the amount
of contributions to multiemployer plans during the period. The
borrower may disclose total contributions to multiemployer plans
without disaggregating the amounts attributable to pensions and
other postretirement benefits. The disclosures shall include a
description of the nature and effect of any changes affecting
comparability, such as a change in the rate of employer
contributions, a business combination, or a divestiture.
B. In some cases, withdrawal from a multiemployer plan results
in an obligation to the plan for a portion of the plan's unfunded
accumulated postretirement benefit obligation. If it is either
probable or reasonably possible that (a) an employer would withdraw
from the plan under circumstances that would give rise to an
obligation or (b) an employer's contribution to the fund would be
increased during the remainder of the contract period to make up a
shortfall in the funds necessary to maintain the negotiated level of
benefit coverage, the employer shall apply the provisions of SFAS
No. 5, Accounting for Contingencies.
Disclosure Matrix
------------------------------------------------------------------------
Nonpublic
Public entities entities
------------------------------------------------------------------------
Change in benefit obligation:
Benefit obligation beginning X
of year.
Service Cost................. X
Interest Cost................ X
Actuarial Gain............... X
Plan Amendments.............. X
Benefits Paid................ X
Benefit obligation at end of X X
year.
Change in plan assets:
Fair value of plan assets X
beginning of year.
Actual return on plan assets. X
Employer Contribution........ X X
Contributions by plan X X
participants.
Benefits Paid................ X X
Fair value of plan assets at X X
end of year.
Funded status:
Unrecognized net actuarial X X
loss(gain).
Unamortized prior service X X
cost.
Unrecognized transition X X
obligation.
Prepaid (Accrued) benefit X X
cost.
Weighted-average assumptions as
of December 31:
Discount rate................ X X
Expected return on plan X X
assets.
Rate of compensation increase X X
Components of net periodic
benefit cost:
Service cost................. X
Interest cost................ X
Expected return on plan X
assets.
Amortization of prior service X X
cost.
Amortization of transition X X
obligation.
Recognized net actuarial loss X X
Net periodic benefit cost.... X X
------------------------------------------------------------------------
[[Page 25856]]
Dated: April 23, 2004.
Hilda G. Legg,
Administrator, Rural Utilities Service.
[FR Doc. 04-10512 Filed 5-7-04; 8:45 am]
BILLING CODE 3410-15-P