1735.12—Nonduplication.
(a)
In states having a state regulatory body with authority to regulate telephone service and to require certificates of convenience and necessity, the borrower must obtain such a certificate before RUS will make a loan. Facilities or services not specifically covered by such certificate will be subject to the provisions of § 1735.12(b).
(b)
In states where there is no such regulatory body, a loan will not be made unless the Administrator determines that no duplication of lines, facilities, or systems already providing reasonably adequate services shall result from such a loan.
(c)
RUS shall consider the following criteria for any wireline local exchange service or similar fixed-station voice service provided by a local exchange carrier (LEC) in determining whether such service is reasonably adequate:
(2)
The LEC is providing all one-party service or, if the State commission has mandated a lower grade of service, the LEC is eliminating that service in accordance with the requirements of the Telecommunications Act of 1996, 47 U.S.C. 151
et seq.
(3)
The LEC's network is capable of providing transmission and reception of data at a rate of at least 1,000,000 bits per second (1 Mbps) with reasonable modification to any subscriber who requests it.
(4)
The LEC makes available custom calling features (at a minimum, call waiting, call forwarding, abbreviated dialing, and three-way calling).
(5)
The LEC is able to provide E911 service to all subscribers, when requested by the government entity responsible for this service.
(6)
The LEC is able to offer local service with blocked toll access to those subscribers who request it.
(7)
The LEC's network is capable of accommodating Internet access at speeds of at least 28,800 bits per second (28.8 Kbps) via modem dial-up from any subscriber location.
(10)
No Federal or State regulatory commission having jurisdiction has determined that the quality, availability, or reliability of the service provided is inadequate.
(d)
RUS shall consider the following criteria for any of mobile telecommunications service in determining whether such service is reasonably adequate:
(3)
The mobile telecommunications service signal strength is at least −85dBm (decibels expressed in miliwatts).
(5)
Mobile 911 service is available to all subscribers, when requested by the local government entity responsible for this service.
(6)
No Federal or State regulatory commission having jurisdiction has determined that the quality, availability, or reliability of the service provided is inadequate.
(7)
Mobile telecommunications service is not provided at rates which render the service unaffordable to a significant number of rural persons.
(e)
RUS does not consider mobile telecommunications service a duplication of existing wireline local exchange service or similar fixed-station voice service. RUS may finance mobile telecommunications systems designed to provide eligible services in rural areas under the Rural Electrification Act even though the services provided by the system may incidentally overlap services of existing mobile telecommunications providers.
(f)
RUS shall consider the following criteria for any provider of a specialized telecommunications service in determining whether such service is reasonably adequate:
(1)
The provider of a specialized telecommunications service is providing area coverage as described in § 1735.11.
(2)
An adequate signal strength is provided throughout the largest practical portion of the service area.
(6)
No Federal, State, or local regulatory commission having jurisdiction has determined that the quality, availability, or reliability of the service provided is inadequate.