[Code of Federal Regulations]
[Title 7, Volume 11]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1751.106]

[Page 370-371]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER XVII--RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 1751--TELECOMMUNICATIONS SYSTEM PLANNING AND DESIGN CRITERIA, AND PROCEDURES--Table of Contents
 
         Subpart B--State Telecommunications Modernization Plan
 
Sec. 1751.106  Modernization Plan; requirements.

    (a) The requirements for a Modernization Plan as stated in RELRA 
are:
    (1) The plan must provide for the elimination of party line service.
    (2) The plan must provide for the availability of telecommunications 
services for improved business, educational, and medical services.
    (3) The plan must encourage and improve computer networks and 
information highways for subscribers in rural areas.
    (4) The plan must provide for--
    (i) Subscribers in rural areas to be able to receive through 
telephone lines--
    (A) Conference calling;
    (B) Video images; and
    (C) Data at a rate of at least 1,000,000 bits of information per 
second; and
    (ii) The proper routing of information to subscribers.
    (5) The plan must provide for uniform deployment schedules to ensure 
that advanced services are deployed at the same time in rural and 
nonrural areas.
    (6) The plan must provide for such additional requirements for 
service standards as may be required by the Administrator.
    (b) To implement the requirements of the law described in paragraph 
(a) of this section, RUS has set minimum requirements as described in 
paragraphs (i) and (j) of this section. They are grouped into short-term 
and medium-term requirements. RUS has also included long-term goals 
which are not requirements. The Modernization Plan must meet all of the 
statutory requirements of RELRA and shall provide that short- and 
medium-term requirements be implemented as set forth in this section of 
the regulation except that the PUC, if it is the Plan Developer, or RUS, 
if a majority of Borrowers is the Plan Developer, may approve extensions 
of time if the required investment is not economically feasible or if 
the best available telecommunications technology lacks the capability to 
enable the Telecommunications Provider receiving the extension to comply 
with the Modernization Plan. Extensions shall be granted only on a case-
by-case basis and generally shall not exceed a total of five years from 
the first such extension granted to the Telecommunications Provider.
    (c) Each State's Modernization Plan shall be a strategic development 
proposal for modernizing the telecommunications network of the 
Telecommunications Providers covered by the Modernization Plan. In 
addition to implementing the requirements described in paragraphs (a), 
(i), and (j) of this section, the Modernization Plan shall include a 
short engineering description of the characteristics of a future 
telecommunications structure that would enable all Telecommunications 
Providers to achieve the requirements and goals of the Modernization 
Plan.
    (d) Within the scope of Sec. 1751.101(d), if the Plan Developer is 
the PUC, the

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Modernization Plan shall name the Telecommunications Providers in the 
State, in addition to Borrowers, that are covered by the Modernization 
Plan.
    (e) The Modernization Plan must require that the design of the 
network provided by Telecommunications Providers allow for the 
expeditious deployment and integration of such emerging technologies as 
may from time to time become commercially feasible.
    (f) The Modernization Plan must provide guidelines to 
Telecommunications Providers for the development of affordable tariffs 
for medical links and distance learning services.
    (g) With regard to the uniform deployment requirement of the law 
restated in paragraph (a)(5) of this section, if services cannot be 
deployed at the same time, only the minimum feasible interval of time 
shall separate availability of the services in rural and nonrural areas.
    (h) The Modernization Plan must make provision for reliable powering 
of ordinary voice telephone service operating over those portions of the 
telecommunications network which are not network powered. In the event 
of electric utility power outages, an alternative source of power must 
be available to ensure reliable voice service.
    (i) Short-term requirements. (1) The ``short-term requirements start 
date'' is the date one year after the date RUS approves the 
Modernization Plan for the State.
    (2) All New Facilities providing Wireline Service after the short-
term requirements start date, even if the construction began before such 
date, shall be constructed so that:
    (i) Every subscriber can be provided 1-party service.
    (ii) The New Facilities are suitable, as built or with additional 
equipment, to provide transmission and reception of data at a rate no 
lower than 1 Mb/sec.
    (3) All switching equipment installed by a Telecommunications 
Provider after the short-term requirements start date shall be capable 
of:
    (i) Providing custom calling features. At a minimum, custom calling 
features must include call waiting, call forwarding, abbreviated 
dialing, and three-way calling; and
    (ii) Providing E911 service for areas served by the 
Telecommunication Provider when requested by the government responsible 
for this service.
    (j) Medium-term requirements. (1) The ``medium-term requirements 
start date'' is the date six years after the date RUS approves the 
Modernization Plan for the State, or such earlier date as the 
Modernization Plan shall provide.
    (2) All New Facilities providing Wireline Service after the medium-
term requirements start date, even if the construction began before such 
date, shall be capable, as built or with additional equipment, of 
transmitting video to a subscriber. The video must be capable of 
depicting a reasonable representation of motion. The frame rate, 
resolution, and other measures of audio and video quality shall be 
determined by the Plan Developer.
    (3) No later than the medium-term requirements start date, all 
switching equipment of Telecommunications Providers covered by the 
Modernization Plan must be capable of providing E911 service when 
requested by the government responsible for this service.
    (4) No later than five years after the medium-term requirements 
start date, one-party service must be provided upon demand to any 
subscriber of a Telecommunications Provider covered by the Modernization 
Plan.
    (k) Long-term goals. RUS suggests, but does not require, that the 
provisions of each Modernization Plan be consistent with the 
accomplishment of the following:
    (1) The elimination of party line service.
    (2) For subscribers that desire the service, universal availability 
of:
    (i) Digital voice and data service (56-164 kb/sec).
    (ii) Service that provides transmission and reception of high bit 
rate (no less than 1 Mb/sec) data.
    (iii) Service that provides reception of video as described in 
paragraph (j)(2) of this section.

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