[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Rules and Regulations]
[Pages 39844-39850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18806]


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DEPARTMENT OF AGRICULTURE
Rural Utilities Service

7 CFR Part 1770

RIN 0572-AB10


Accounting Requirements for RUS Telecommunications Borrowers

AGENCY: Rural Utilities Service, USDA.

ACTION: Final rule.

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SUMMARY: The Rural Utilities Service (RUS) is amending 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 rule 
establishes an accounting interpretation for postretirement benefits 
that addresses both the requirements of the Financial Accounting 
Standards Board (FASB) and the Federal Communications Commission (FCC). 
It also sets forth accounting interpretations that establish uniform 
accounting procedures for Rural Telephone Bank (RTB) stock, cushion of 
credit investments, Rural Economic Development loans and grants, and 
satellite or cable television service investments.

EFFECTIVE DATE: This rule is effective August 30, 1996.

FOR FURTHER INFORMATION CONTACT: Ms. Roberta D. Purcell, Director, 
Program Accounting Services Division, Rural Utilities Service, STOP 
1523, room 2221, South Building, U.S. Department of Agriculture, 
Washington, DC 20250-1523, telephone number (202) 720-9450.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866 and therefore has not been reviewed 
by the Office of Management and Budget (OMB).

Regulatory Flexibility Act Certification

    The Administrator of RUS has determined that the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) does not apply to this final 
rule.

Information Collection and Recordkeeping Requirements

    The information collection and recordkeeping requirements contained 
in this rule have been approved by OMB under control number 0572-0003 
pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, 
as amended.) Comments regarding these requirements may be sent to 
Roberta D. Purcell, Director, Program Accounting Services Division, 
Rural Utilities Service, STOP 1523, Washington, DC 20250-1523.

National Environmental Policy Act Certification

    The Administrator, RUS, has determined that this final 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.

Catalog of Federal Domestic Assistance

    The program described by this final rule is listed in the Catalog 
of Federal Domestic Assistance Program under numbers 10.851--Rural 
Telephone Loans and Loan Guarantees and 10.852--Rural Telephone Bank 
loans. This catalog is available on a subscription basis from the 
Superintendent of Documents, the United States Government Printing 
Office, Washington, DC 20402.

Executive Order 12372

    This final rule is excluded from the scope of Executive Order 
12372, Intergovernmental Consultation. A Notice of Final Rule entitled 
Department Programs and Activities Excluded from Executive Order 12372 
(50 FR 47034) exempts RUS and RTB loans and loan guarantees, and RTB 
loans, to governmental and nongovernmental entities from coverage under 
this order.

Executive Order 12778

    This final rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This final rule: (1) Will not preempt any state 
or local laws, regulations, or policies, unless they present an 
irreconcilable conflict with

[[Page 39845]]

this rule; (2) Will not have any retroactive effect; and (3) Will not 
require administrative proceeding before parties may file suit 
challenging the provisions of this proposed rule.

National Performance Review

    This regulatory action is being taken as part of the National 
Performance Review program to eliminate unnecessary regulations and 
improve those that remain in force.

Background

    In order to facilitate the effective and economical 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 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.
    To ensure that borrowers consistently account for and apply the 
provisions of recent pronouncements of the FASB and the FCC, the RUS 
USoA must be revised and updated as changes in generally accepted 
accounting principles and the FCC USoA occur. RUS is, therefore, 
establishing a new accounting interpretation that addresses the 
accounting requirements set forth in Statement of Financial Accounting 
Standards No. 106, Employers' Accounting for Postretirement Benefits 
Other Than Pensions (Statement No. 106). Statement No. 106 requires 
reporting entities to accrue the expected cost of postretirement 
benefits during the years the employee provides service to the entity. 
Copies of Statements of Financial Accounting Standards may be obtained 
from the Order Department of the Financial Accounting Standards Board, 
401 Merritt 7, P.O. Box 5116, Norwalk, Connecticut 06856-5116.
    RUS is also establishing an accounting interpretation for RTB bank 
stock that sets forth the journal entries necessary to record the 
required purchase of Class B RTB stock, patronage refunds in the form 
of additional shares of Class B RTB stock, purchases of Class C stock, 
and dividends received on Class C stock. The interpretation also 
addresses the proper accounting for the conversion of Class B stock to 
Class C stock after all RTB loans have been repaid.
    RUS is also setting forth an accounting interpretation that 
establishes the accounting policies and procedures for the Rural 
Economic Development loan and grant programs recently established by 
the Rural Business and Cooperative Development Service and for 
investments in satellite and cable television services.

Comments

    A proposed rule entitled Accounting Requirements for REA 
Telecommunications Borrowers, published September 14, 1994, at 59 FR 
47097, invited interested parties to submit comments on or before 
November 14, 1994. Comments were received from telecommunications 
borrowers, certified public accountants (CPAs), state wide 
associations, and national trade associations. The following paragraphs 
address the various topics that were discussed by the commenters.

Interpretation No. 101, Postretirement Benefits

    Comment. Some commenters questioned the need for actuarial studies 
if the only benefit provided is an item such as local phone service.
    Response. As with all statements issued by FASB, the provisions of 
Statement No. 106 need not be applied to immaterial amounts. If the 
borrower and the independent CPA engaged to perform the annual audit of 
the borrower's financial statements are satisfied as to the 
immateriality of a benefit provided, Statement No. 106 need not be 
adopted and accordingly, an actuarial study is not required. It should 
be noted, however, that an initial actuarial study may be necessary in 
order to determine the materiality of the benefit provided. For this 
reason, no revision was made to the final rule.
    Comment. Several commenters presented arguments for retaining the 
option to immediately recognize the transition obligation created by 
the implementation of Statement No. 106.
    Response. On December 26, 1991, the FCC issued 6 FCC Rcd 7560, 
which requires telecommunications carriers to recognize the transition 
obligation on a delayed basis thereby eliminating the option of 
immediate recognition. In order to ensure the consistent and uniform 
application of generally accepted accounting principles among all 
telecommunications borrowers, RUS requires its borrowers to comply with 
the FCC USoA. Therefore, all RUS borrowers are required to adopt the 
delayed recognition required by the FCC. If a state regulatory body 
requires immediate recognition of the postretirement benefit transition 
obligation, the transition obligation should be recognized on a delayed 
basis with the jurisdictional difference accounts used to effect 
compliance with the state requirements.

Interpretation No. 102, Rural Telephone Bank Stock

    Comment. Several commenters suggested that the purchase of Class B 
RTB stock should be accounted for as an increase in interest expense or 
as an amortizable loan cost rather than as the acquisition of an asset.
    Response. While the investment in Class B RTB stock is a 
requirement for a borrower to secure financing from the RTB, the owner 
of Class B RTB stock is entitled to patronage refunds in the form of 
additional shares of Class B stock. When a borrower has repaid all of 
its RTB loans, the borrower may request that the Class B stock be 
converted into Class C stock. Class C stock earns cash dividends and 
may be redeemed at some future time in accordance with the bylaws of 
the RTB. The aforementioned characteristics are indicative of an 
investment, not an item of expense, and as such, no revision was made 
to the final rule.
    Comment. One commenter stated that income should be recognized at 
the time the patronage refund is allocated to the owners of Class B RTB 
stock in order to insure that members of a telecommunications 
cooperative receive their fair share of the patronage refund.
    Response. In 1975, this issue was considered by the Staff 
Subcommittee on Accounts of the National Association of Regulatory 
Utility Commissioners. Because Class B RTB stock has no known market 
value, pays no return or interest, and cannot be alienated except in 
connection with the transfer of the outstanding RTB loan, the committee

[[Page 39846]]

recommended that the patronage refunds be recorded as a memorandum 
entry on the books of account until such time as the value of the stock 
is realized, in cash, through its redemption.
    Comment. Several commenters raised issues regarding RTB 
privatization.
    Response. When privatization of the RTB actually begins, any 
necessary revisions to this regulation will be proposed and exposed for 
comment at that time.
    Comment. One commenter questioned the determinability of the fair 
value of Class C stock based on Accounting Principle Board Opinion No. 
29, Accounting for Nonmonetary Transactions (Opinion No. 29).
    Response. The conversion of Class B RTB stock to Class C RTB stock 
meets the definition of a nonmonetary exchange as set forth in Opinion 
No. 29. In Opinion No. 29, the Accounting Principles Board concluded 
that the accounting for nonmonetary transactions should be based upon 
the fair value of the assets involved. Paragraphs 25 & 26 of the 
opinion, however, raise questions concerning the determination of fair 
value within reasonable limits. While the face value of Class C stock 
is considered to be its surrender value, the indefinite nature of its 
realizability requires the consideration of the time value of money. 
Calculating the present value of the Class C stock is not feasible 
because it is not known when the Class C stock will become redeemable. 
Therefore, the fair value of this transaction cannot be determined 
within reasonable limits and as such, must be accounted for at the 
recorded value of the Class B RTB stock. The final rule has been 
revised accordingly.
    Comment. Several commenters expressed concern regarding the tax 
issues that would be raised if income is recognized at the time Class B 
stock is converted into Class C stock.
    Response. While income tax issues are of great concern to RUS 
borrowers and we are sympathetic to these concerns, accounting 
interpretations issued by RUS must be based upon the appropriate, 
consistent application of generally accepted accounting principles 
(GAAP). As such, RUS cannot prescribe accounting requirements that do 
not comply with GAAP in an effort to circumvent either Federal or state 
income tax laws. It should be noted, however, that by recording the 
conversion of Class B stock at its recorded value, no income is 
recognized until the Class C stock is actually redeemed.

Interpretation No. 103, Cushion of Credit Investments

    Comment. One commenter suggested that interest earned on the RUS 
Cushion of Credit account should be recorded as a credit to interest 
expense rather than interest income under the ``right of offset'' as 
discussed in FASB Technical Bulletin No. 88-2, Definition of a Right of 
Setoff (FTB No. 88-2).
    Response. FTB No. 88-2 was superseded, in its entirety, by FASB 
Interpretation No. 39, Offsetting of Amounts Related to Certain 
Contracts (Interpretation No. 39). Interpretation No. 39 states that 
the offsetting of assets and liabilities in the balance sheet is 
improper except where a right of offset exists. A right of offset 
exists only when each of two parties owes the other determinable 
amounts. In accordance with paragraph 5, footnote 2, of Interpretation 
No. 39, cash on deposit at a financial institution must be considered 
cash by the depositor rather than an amount owed to the depositor. 
Therefore, deposits in the RUS Cushion of Credit account do not meet 
the criteria required for offsetting against the principle owed on an 
outstanding RUS loan. As such, no offset of interest income and expense 
is appropriate under Interpretation No. 39 and no revision was made to 
the final rule.

Interpretation No. 104, Rural Economic Development Loan and Grant 
Program

    Comment. Two commenters objected to recording the funds received 
from a Rural Economic Development grant as income.
    Response. The establishment of a revolving loan program with 
Federal grant funds creates special concerns from an accounting 
perspective. The customary Federal grant is made for a specific project 
or purpose. The income to the grantee is offset by the costs incurred 
in the project, thereby eliminating any net income effect. When a 
revolving loan program is established, however, the grantee incurs no 
immediate expense with which to offset the grant proceeds. The grant 
proceeds are loaned to a third party thereby creating an asset 
(receivable) from that third party. As the loan is repaid, the asset is 
reduced and additional funds are available for relending. While there 
may be the incidental costs of administering the loan program, no 
additional costs are incurred until a loan actually goes into default. 
In fact, under the Rural Business and Cooperative Development Service's 
grant program, after the initial grant funds have been loaned and 
repaid, the borrower may charge a reasonable rate of interest on its 
revolving loans. The grant program may, therefore, actually become 
income producing.
    Additionally, because 7 CFR Part 1703, Subpart B, Rural Economic 
Development Loan and Grant Program, is somewhat ambiguous as to the 
final disposition of the grant funds upon termination of the revolving 
loan program, further accounting concerns are raised.
    The accounting for a rural economic development grant is therefore, 
dependent upon the grant agreement itself. If the grant agreement 
requires repayment of the funds upon termination of the revolving loan 
program, the funds must be recorded as a liability. If the grant 
agreement stipulates that there is no obligation for repayment, the 
funds should be recorded as a permanent infusion of capital. If, 
however, the agreement is silent as to the final disposition of the 
grant funds, the funds must be recorded as income. The final rule has 
been revised accordingly.

Interpretation No. 105, Satellite and Cable Television Services

    Comment. One commenter suggested that this interpretation should 
apply to any type of service offered through a subsidiary, joint 
venture, or as a segment of an entity's operations.
    Response. While the underlying accounting principles used to 
establish this accounting interpretation are applicable to any type of 
service offered through a subsidiary, joint venture, or a segment of an 
entity's operations, the purpose of this interpretation was to 
specifically address borrowers' investments in satellite and cable 
television services. For this reason, no revision was made to the final 
rule.

List of Subjects in 7 CFR Part 1770

    Accounting, Loan programs--communications, Reporting and 
recordkeeping requirements, Rural areas, Telecommunications, Uniform 
System of Accounts.
    For the reasons set forth in the preamble, RUS hereby amends 7 CFR 
chapter XVII as follows:

PART 1770--ACCOUNTING REQUIREMENTS FOR RUS TELECOMMUNICATIONS 
BORROWERS

    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.).

    2. Subpart C is added to read as follows:

[[Page 39847]]

Subpart C--Accounting Interpretations

Sec.
1770.26  General.
1770.27  Definitions.
1770.28-1770.45  [Reserved]
Appendix to Subpart C--Accounting Methods and Procedures Required of 
All Borrowers

Subpart C--Accounting Interpretations


Sec. 1770.26  General.

    (a) The standard provisions of the security instruments utilized by 
the Rural Utilities Service (RUS) and the Rural Telephone Bank (RTB) 
for all telecommunications borrowers require borrowers to at all times 
keep and safely preserve, proper books, records, and accounts in which 
full and true entries will be made of all of the dealings, business, 
and affairs of the borrower in accordance with the methods and 
principles of accounting prescribed by the state regulatory body having 
jurisdiction over the borrower and by the Federal Communications 
Commission (FCC) in its Uniform System of Accounts for 
telecommunications companies (47 CFR part 32), as those methods and 
principles of accounting are supplemented from time to time by RUS.
    (b) This subpart implements those standard provisions of the RUS 
and RTB security instruments by prescribing accounting principles, 
methodologies, and procedures applicable to all telecommunications 
borrowers for particular situations.


Sec. 1770.27   Definitions.

    As used in this part:
    Borrower is an RUS telecommunications borrower.
    Cushion of Credit Account is a 5 percent interest bearing account 
established by RUS in which all voluntary payments or overpayments on 
Rural Electric and Telephone Revolving Funds after October 1, 1987, are 
deposited.
     FCC is the Federal Communications Commission.
    Part 32 is 47 CFR Part 32, Uniform System of Accounts, issued by 
the Federal Communications Commission.
     RAO is the Responsible Accounting Officer of the Federal 
Communications Commission.
     RE Act is the Rural Electrification Act of 1936, as amended (7 
U.S.C. 901 et seq.).
     RETRF is the Rural Electric and Telephone Revolving Fund.
     RTB is the Rural Telephone Bank.
     RUS is the Rural Utilities Service, an agency of the United States 
Department of Agriculture, or its predecessor or successor.


Sec. 1770.28--1770.45  [Reserved]

Appendix to Subpart C--Accounting Methods and Procedures Required of 
All Borrowers

     All borrowers shall maintain and keep their books of accounts 
and all other books and records which support the entries in such 
books of accounts in accordance with the accounting principles 
prescribed in this appendix.

Numerical Index

Number and Title

101  Postretirement Benefits
102  Rural Telephone Bank Stock
103  Cushion of Credit Investments
104  Rural Economic Development Loan and Grant Program
105  Satellite and Cable Television Services
106  Consolidated Financial Statements

                                                                        
                     Subject Matter Index                        Number 
                                                                        
C                                                                       
  Cable Television Services..................................        105
  Consolidated Financial Statements..........................        106
  Cushion of Credit Investments..............................        103
E                                                                       
  Economic Development Loan and Grant Program................        104
F                                                                       
  Financial Statements--Consolidated.........................        106
I                                                                       
  Investments--Cushion of Credit.............................        103
P                                                                       
  Postretirement Benefits....................................        101
R                                                                       
  Rural Economic Development Loan and Grant Program..........        104
  Rural Telephone Bank Stock.................................        102
S                                                                       
  Satellite Television Services..............................        105
  Stock--Rural Telephone Bank................................        102
101  Postretirement Benefits                                            
                                                                        

    A. Statement of Financial Accounting Standards No. 106, 
Employers' Accounting for Postretirement Benefits Other than 
Pensions (Statement No. 106), requires reporting entities to accrue 
the expected cost of postretirement benefits during the years the 
employee provides service to the entity. For purposes of applying 
the provisions of Statement No. 106, members of the board of 
directors are considered to be employees of the cooperative. Prior 
to the issuance of Statement No. 106, most reporting entities 
accounted for postretirement benefit costs on a ``pay-as-you-go'' 
basis; that is, costs were recognized when paid, not when the 
employee provided service to the entity in exchange for the 
benefits. (Statement 106 is available from the Financial Accounting 
Standards Board, 401 Merritt 7, P.O. Box 5116, Norwalk, CT. 06856-
5116.)
    B. As defined in Statement No. 106, a postretirement benefit 
plan is a deferred compensation arrangement in which an employer 
promises to exchange future benefits for an employee's current 
services. Postretirement benefit plans may be funded or unfunded. 
Postretirement benefits include, but are not limited to, health 
care, life insurance, tuition assistance, day care, legal services, 
and housing subsidies provided outside of a pension plan.
    C. Statement No. 106 applies to both written plans and to plans 
whose existence is implied from a practice of paying postretirement 
benefits. An employer's practice of providing postretirement 
benefits to selected employees under individual contracts with 
specific terms determined on a employee-by-employee basis does not, 
however, constitute a postretirement benefit plan under the 
provisions of this statement.
    D. Postretirement benefit plans generally fall into three 
categories: single-employer defined benefit plans, multiemployer 
plans, and multiple-employer plans.
    E. A single-employer plan is a postretirement benefit plan that 
is maintained by one employer. The term may also be applied to a 
plan that is maintained by related parties such as a parent and its 
subsidiaries. A multiemployer plan is a postretirement benefit plan 
in which two or more unrelated employers contribute, usually 
pursuant to one or more collective-bargaining agreements. One 
characteristic of a multiemployer plan is that the assets 
contributed by one participating employer may be used to provide 
benefits to employees of other participating employers since assets 
contributed by an employer are not segregated in a separate account 
or restricted to provide benefits only to employees of that 
employer.
    F. A multiple-employer plan is a postretirement benefit plan 
that is maintained by more than one employer but is not a 
multiemployer plan. A multiple-employer plan is generally not 
collectively bargained and is intended to allow participating 
employers to pool their plan assets for investment purposes and 
reduce the cost of plan administration. A multiple-employer plan 
maintains separate accounts for each employer so that contributions 
provide benefits only for employees of the contributing employer.
    G. The accounting requirements set forth in this interpretation 
focus on single- and multiple-employer plans. The accounting 
requirements set forth in Statement No. 106 for multiemployer plans 
or defined contribution plans shall be adopted for borrowers 
electing those types of plans.
    H. Under the provisions of Statement No. 106, there are two 
components of the postretirement benefit cost: the current period 
cost and the transition obligation. The transition obligation is a 
one-time accrual of the costs resulting from services already 
provided. Statement No. 106 allows the transition obligation to be 
deferred and amortized on a straight-line basis over the average 
remaining service period of the active employees. If the average 
remaining service period of the active employees is less than 20 
years, a 20-year amortization period may be used.

I. Accounting Requirements

    A. All borrowers shall adopt the accrual accounting provisions 
and reporting

[[Page 39848]]

requirements as set forth in Statement No. 106. The transition 
obligation and accrual of the current period cost must be based upon 
an actuarial study. This study must be updated to allow the borrower 
to comply with the measurement date requirements of Statement No. 
106; however, the study must, at a minimum, be updated every five 
years. Borrowers may not account for postretirement benefits on a 
``pay-as-you-go'' basis.
    B. Under the provisions of Statement No. 106, an entity may 
recognize the transition obligation, in its entirety, when Statement 
No. 106 is first adopted or the entity may elect to delay the 
recognition of the transition obligation. On December 26, 1991, 
however, the FCC issued 6 FCC Rcd 7560, which requires 
telecommunications carriers to recognize the transition obligation 
on a delayed basis. RUS reviewed this issuance and has determined 
that borrowers must comply with this ruling and recognize the 
transition obligation on a delayed basis.
    C. The deferral and amortization of the transition obligation on 
a delayed basis is considered to be an off balance sheet item. As a 
result, an accounting entry is not required at the time of adoption 
of Statement No. 106. Instead, the transition obligation is 
recognized as a component of postretirement benefit cost as it is 
amortized. The amount of the unamortized transition obligation must 
be disclosed in the notes to the financial statements.
    D. In accordance with the provisions of Responsible Accounting 
Officer (RAO) Letter 20, released by the FCC on April 24, 1992, 
Account 4310, Other Long-Term Liabilities, shall be used to record 
the liability accrued for postretirement benefits. (RAO Letter 20 is 
available from the Federal Communications Commission, 1919 M Street, 
NW., Washington, DC 20554.) Borrowers shall credit this account for 
the net periodic cost of postretirement benefits for the current 
year and shall debit this account for any fund payments made during 
the current year.
    E. Net periodic postretirement benefit cost includes current 
period service cost, interest cost, return on plan assets, 
amortization of prior service cost, gains and losses, and 
amortization of the transition obligation. If fund payments create a 
debit balance in the postretirement benefits portion of Account 
4310, the debit balance applicable to postretirement benefits shall 
be reported in Account 1410, Other Noncurrent Assets. Account 1410 
shall also be used to record any prepaid postretirement benefit 
cost.
    F. The benefits portion of the expense matrix for the 
appropriate Part 32 expense accounts shall be used to record the 
current period service cost component of the current year's net 
periodic postretirement benefit cost. The interest cost component, 
return on plan assets, amortization of prior service cost, gains and 
losses, and amortization of the transition obligation shall be 
charged to the benefits portion of the expense matrix of Account 
6728, Other General and Administrative.

II. Effective Date and Implementation

    A. For plans outside the United States and for defined benefit 
plans of employers that (a) are nonpublic enterprises and (b) 
sponsor defined benefit postretirement plans with no more than 500 
plan participants in the aggregate, Statement No. 106 is effective 
for fiscal years beginning after December 15, 1994. For all other 
plans, Statement No. 106 is effective for fiscal years beginning 
after December 15, 1992.

102  Rural Telephone Bank Stock

    A. Capital stock issued by the Rural Telephone Bank consists of 
Class A, Class B, and Class C stock. Class A stock is issued only to 
the Administrator of RUS on behalf of the United States in exchange 
for capital furnished to RTB.
    B. Class B stock is issued only to recipients of loans under 
Section 408 of the Rural Electrification Act (RE Act). Borrowers 
receiving loan funds pursuant to Section 408(a) (1) or (2) of the RE 
Act are required to invest 5 percent of the amount of loan funds 
approved in Class B stock. No dividends are payable on Class B 
stock. All holders of Class B stock are entitled to patronage 
refunds in the form of Class B stock under the terms and conditions 
specified in the bylaws of the RTB.
    C. Class C stock is available for purchase by borrowers, 
corporations, and public bodies eligible to borrow under Section 408 
of the RE Act, or by organizations controlled by such borrowers, 
corporations and public bodies. The payment of dividends is in 
accordance with the bylaws of the RTB.

Accounting Requirements

    A. The purchase of RTB stock required by the RE Act shall be 
debited to Account 1402.1, Investments in Nonaffiliated Companies--
Class B RTB Stock. Patronage refunds in the form of additional 
shares of RTB Class B Stock shall be debited to Account 1402.1 and 
credited to Account 1402.11, Investments in Nonaffiliated 
Companies--Class B RTB Stock--Cr.
    B. Purchases of Class C RTB stock shall be debited to Account 
1402.2, Investments in Nonaffiliated Companies--Class C RTB Stock. 
Cash dividends received on Class C RTB stock shall be credited to 
Account 7310, Dividend Income.
    C. Once a borrower has repaid all of its RTB loans, it may 
request that its Class B stock be converted to Class C stock. When 
the conversion is made, Account 1402.2 shall be debited and Account 
1402.1 shall be credited for the face value of the stock converted. 
Account 1402.21, Investments in Nonaffiliated Companies--Class C RTB 
Stock--Cr., shall be credited and Account 1402.11 shall be debited 
for the face value of the Class B stock that has been received as 
patronage refunds.

103  Cushion of Credit Investments

    A. The RUS Cushion of Credit account is an investment account 
bearing an interest rate of 5 percent. All voluntary payments or 
overpayments on Rural Electric and Telephone Revolving Fund (RETRF) 
loans made after October 1, 1987, are deposited into this account in 
the appropriate borrower's name.

Accounting Requirements

    A. The following journal entries shall be used by RUS borrowers 
to record the transactions associated with cushion of credit 
payment:

1. Dr. 4210.18, RUS Notes--Advance Payments, Dr. Cr. 1130.1/1120.11, 
Cash--General Fund. To record the cushion of credit payment.
2. Dr. 4210.18, RUS Notes--Advance Payments, Dr. Cr. 7320/7300.2, 
Interest Income. To record interest earned on cushion of credit 
deposits.
3. Dr. 4210.12, RUS Notes, Cr. 4210.18, RUS Notes--Advance Payments, 
Dr. To apply cushion of credit payments (and interest) to the RUS 
note.

104  Rural Economic Development Loan and Grant Program

    A. On December 21, 1987, Section 313, Cushion of Credit Payments 
Program (7 U.S.C. 901 et seq.), was added to the RE Act. Section 313 
establishes a Rural Economic Development Subaccount and authorizes 
the Administrator of the RUS to provide zero interest loans or 
grants to RE Act borrowers for the purpose of promoting rural 
economic development and job creation projects. Effective December 
5, 1994, this authority was assigned to the Administrator, Rural 
Business and Cooperative Development Service.
    B. 7 CFR part 1703, Subpart B, Rural Economic Development Loan 
and Grant Program, sets forth the policies and procedures relating 
to the zero interest loan program and for approving and 
administering grants.

Accounting Requirements

    A. The accounting journal entries required to record the 
transactions associated with a Rural Economic Development grant are 
as follows:

1. Dr. 1130.4/1120.14, Cash--General Fund--Economic Development 
Grant Funds. Cr. 4210.25, RUS Notes--Economic Development Grant; Cr. 
4540.41, Other Capital--Miscellaneous; or Cr. 7360/7300.6, Other 
Nonoperating Income. To record grant funds disbursed by RUS. If the 
grant agreement requires repayment of the funds upon termination of 
the revolving loan program, Account 4210.25 shall be credited. If 
the grant agreement states that there is absolutely no obligation 
for repayment upon termination of the revolving loan program, the 
funds shall be accounted for as a permanent infusion of capital by 
crediting Account 4540.41. If, however, the grant agreement is 
silent as to the final disposition of the grant funds, Account 7360/
7300.6 shall be credited.
2. Dr. 1401.1, Other Investments in Affiliated Companies--Federal 
Economic Development Grant Loans or Dr. 1402.4, Other Investments in 
Nonaffiliated Companies--Federal Economic Development Grant Loans 
Cr. 1130.4/1120.14, Cash--General Fund--Economic Development Grant 
Funds. To record a Federal revolving loan to an economic development 
project.

[[Page 39849]]

3. Dr. 1130.1/1120.11, Cash--General Fund. Cr. 7360/7300.6, Other 
Nonoperating Income. To record payment of loan servicing fees 
charged to the economic development project.
4. Dr. 1130.5/1120.15, Cash--General Fund--Economic Development Non-
Federal Revolving Funds. Cr. 1401.1, Other Investments in Affiliated 
Companies --Federal Economic Development Grant Loans or Cr. 1402.4, 
Other Investments in Nonaffiliated Companies--Federal Economic 
Development Grant Loans. To record the repayment, by the project, of 
the Federal revolving loan.
5. Dr. 1401.2, Other Investments in Affiliated Companies--Non-
Federal Economic Development Grant Loans or Dr. 1402.5, Other 
Investments in Nonaffiliated Companies--Non-Federal Economic 
Development Grant Loans. Cr. 1130.5/1120.15, Cash--General Fund--
Economic Development Non-Federal Revolving Funds. To record a Non-
Federal revolving loan to an economic development project.
6. Dr. 1210, Interest and Dividends Receivable Cr. 7320/7300.2, 
Interest Income. To record the interest earned on a Non-Federal 
revolving loan to an economic development project.
7. Dr. 1130.5/1120.15, Cash--General Fund--Economic Development Non-
Federal Revolving Funds. CR. 1401.2, Other Investments in Affiliated 
Companies--Non-Federal Economic Development Grant Loans or Cr. 
1402.5, Other Investments in Nonaffiliated Companies--Non-Federal 
Economic Development Grant Loans. To record the repayment, by the 
project, of the Non-Federal revolving loan.

    B. The accounting journal entries required to record the 
transactions associated with a Rural Economic Development loan are 
as follows:

1. Dr. 4210.26, Economic Development Notes--Unadvanced, Fr. Cr. 
4210.25, Economic Development Notes. To record the contractual 
obligation to RUS for the Economic Development Notes.
2. Dr. 1130.6/1120.16, Cash--General Fund--Economic Development Loan 
Funds Cr. 4210.26, Economic Development Notes--Unadvanced, Dr. To 
record the receipt of the economic development loan funds.
3. Dr. 1401.3, Other Investments in Affiliated Companies--Federal 
Econmic Development Loans or Dr. 1402.6, Other Investments in 
Nonaffilitated Companies--Federal Economic Development Loans. Cr. 
1130.6/1120.16, Cash--General Fund--Ecoomice Development Loan Funds. 
To record the discursement of economci development loand funds to 
the project.
4. Dr. 1130.1/1120.11, Cash--General Fund. Cr. 7360/7300.6, Other 
Nonoperating Income. To record payment of loan servicing fees 
charged to the economic development project.
5. Dr. 1210, Interest and Dividends Receivable Cr. 7320/7300.2, 
Interest Income. To record the interest earned on the investment of 
rural economic development loan funds.
6. Dr. 7370, Special Charges. Cr. 1130.1, Cash--General Funds. To 
record the payment of interest earned in excess of $500 on the 
investment of rural economic development loan funds. Note: Interest 
earned in excess of $500 must be used for the rural economic 
development project for which the loan funds were received or 
returned to RUS.
7. Dr. 1130.6/1120.16, Cash--General Fund--Economic Development Loan 
Funds. Cr. 1401.3, Other Investments in Affiliated Companies--
Federal Economic Development Loans or Cr. 1402.6, Other Investments 
in Nonaffiliated Companies--Federal Economic Development Loans. To 
record repayment, by the project, of the economic development loan.
8. Dr. 4210.25, Economic Development Notes. Cr. 1130.6/1120.16, 
Cash--General Fund--Economic Development Loan Funds. To record the 
repayment, to RUS, of the economic development loan funds.

105  Satellite and Cable Television Services

    A. Many RUS borrowers have become involved in providing either 
satellite or cable television services to their members and others 
through subsidiaries, joint ventures, or as segments of their 
current operations.

Accounting Requirements

    A. This section outlines the accounting to be followed when 
recording transactions involving satellite or cable television 
services.
    1. Separate Subsidiary. If a borrower provides satellite or 
cable television services through a separate subsidiary, the 
investment in the subsidiary shall be debited to Account 1401, 
Investments in Affiliated Companies. The net income or loss of the 
subsidiary shall be debited or credited to Account 1401, as 
appropriate, with an offsetting entry to Account 7360, Other 
Nonoperating Income.
    2. Joint Venture. i. If a borrower provides satellite or cable 
television services through a joint venture, the borrower's 
ownership interest dictates the accounting methodology. If the 
borrower has less than a 20 percent ownership interest in the joint 
venture, the investment is accounted for under the cost method of 
accounting in Account 1402, Investments in Nonaffiliated Companies. 
Under the cost method, the joint venture's net income or loss is not 
recorded in the borrower's records. Income is recognized only to the 
extent of any dividends declared by the joint venture. When a 
dividend is declared, the borrower shall debit Account 1210, 
Interest and Dividends Receivable, and credit Account 7310, Dividend 
Income. When the dividend is received in cash, the borrower shall 
debit Account 1130.1, Cash--General Fund, and credit Account 1210.
    ii. If a borrower has a 20-percent or more ownership interest in 
the joint venture, the investment is accounted for under the equity 
method in Account 1401, Investments in Affiliated Companies. The 
borrower's proportionate share of the joint venture's net income or 
loss shall be debited or credited to Account 1401, as appropriate, 
with an offsetting entry to Account 7360, Other Nonoperating Income.
    3. Segment of Current Operations. i. If a borrower provides 
satellite or cable television service as a segment of its current 
operations and there are no shared assets between this activity and 
the regulated telecommunications activities of the borrower, the 
investment shall be debited to Account 1406.1, Nonregulated 
Investments--Permanent Investment. The net income or loss from 
providing such service shall be debited or credited, as appropriate, 
to Account 1406.3, Nonregulated Investments--Current Net Income, 
with an offsetting entry to Account 7990, Nonregulated Net Income.
    ii. If a borrower provides satellite or cable television service 
as a segment of current operations and shares assets between this 
activity and the regulated telecommunications activities of the 
borrower, the franchise and application fees shall be debited to a 
subaccount of Account 2690, Intangibles. The cost of the satellite 
or cable television equipment shall be debited to a subaccount of 
Account 2231, Radio Systems. Revenues earned from providing 
satellite or cable service shall be credited to Account 5280, 
Nonregulated Operating Revenue, while the associated expenses shall 
be recorded in a subaccount of the applicable regulated expense 
accounts.
    4. Sale and Installation of Satellite or Cable Television 
Equipment. i. If a borrower sells or installs satellite or cable 
television equipment as a segment of its current operations and 
there are no shared assets between this activity and the regulated 
telecommunications activities of the borrower, the purchase of the 
equipment shall be debited to Account 1406.1, Nonregulated 
Investments--Permanent Investment. The net income or loss from 
providing such services shall be debited or credited, as 
appropriate, to Account 1406.3, Nonregulated Investments--Current 
Net Income, with an offsetting entry to Account 7990, Nonregulated 
Net Income.
    ii. If a borrower sells or installs satellite or cable 
television equipment as a segment of its current operations and 
shares assets between this activity and the regulated 
telecommunications activities of the borrower, the purchase of the 
equipment shall be debited to Account 1220.2, Property Held for Sale 
or Lease. Revenues received for the sale or installation of the 
equipment shall be credited to Account 5280, Nonregulated Operating 
Revenue, while the associated expenses shall be debited to a 
subaccount of the applicable regulated expense accounts.

106  Consolidated Financial Statements

    A. In October 1987, FASB issued Statement of Financial 
Accounting Standards No. 94, Consolidation of All Majority-Owned 
Subsidiaries (Statement No. 94). (Statement 94 is available from the 
Financial Accounting Standards Board, 401 Merritt 7, P.O. Box 5116, 
Norwalk, CT 06856-5116.) For purposes of reporting to RUS, Statement 
No. 94 shall be applied as follows:

[[Page 39850]]

    1. A borrower that is a subsidiary of another entity shall 
prepare and submit to RUS separate financial statements even though 
this financial information is presented in the parent's consolidated 
statements.
    2. In those cases in which a borrower has a majority-ownership 
in a subsidiary, the borrower shall prepare consolidated financial 
statements in accordance with the requirements of Statement No. 94. 
These consolidated statements must also include supplementary 
schedules presenting a Balance Sheet and Income Statement for each 
majority-owned subsidiary included in the consolidated statements.
    B. Although Statement No. 94 requires the consolidation of 
majority-owned subsidiaries, the RUS Form 479, Financial and 
Statistical Report for Telecommunications Borrowers, shall be 
prepared on an unconsolidated basis by all borrowers.

    Dated: July 17, 1996.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 96-18806 Filed 7-30-96; 8:45 am]
BILLING CODE 3410-15-P