Title 7 — Agriculture
Chapter 31 — Rural Electrification and Telephone Service
§ 922. Loans for telephone service
Statutory text
From such sums as are from time to time made available by the Congress to the Secretary for such purpose, pursuant to section 903 of this title, the Secretary is authorized and empowered to make loans to persons now providing or who may hereafter provide telephone service in rural areas, to public bodies now providing telephone service in rural areas and to cooperative, nonprofit, limited dividend, or mutual associations. Except as otherwise provided by this subchapter, such loans shall be made under the same terms and conditions as are provided in section 904 of this title, for the purpose of financing the improvement, expansion, construction, acquisition, and operation of telephone lines, facilities, or systems to furnish and improve telephone service in rural areas: Provided, however, That the Secretary, in making such loans, shall give preference to persons providing telephone service in rural areas, to public bodies now providing telephone service in rural areas, and to cooperative, nonprofit, limited dividend, or mutual associations. The Secretary in making such loans shall, insofar as possible, obtain assurance that the telephone service to be furnished or improved thereby will be made available to the widest practical number of rural users. When it is determined by the Secretary to be necessary in order to furnish or improve telephone service in rural areas, such loans may be made for the improvement, expansion, construction, acquisition, and operation of telephone lines, facilities, or systems without regard to their geographical location. The Secretary is further authorized and empowered to make loans for the purpose of refinancing outstanding indebtedness of persons furnishing telephone service in rural areas, including indebtedness of recipients on another telecommunications loan made under this chapter. Loans under this section shall not be made unless the Secretary finds and certifies that in his judgment the security therefor is reasonably adequate and such loan will be repaid within the time agreed and that no duplication of lines, facilities, or systems, providing reasonably adequate services will result therefrom.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
May 20, 1936, ch. 432, title II, § 201, as added Oct. 28, 1949, ch. 776, § 5, 63 Stat. 948 · 63 Stat. 948
Enacted · 7 U.S.C. § 922
May 20, 1936, ch. 432, title II, § 201, as added Oct. 28, 1949, ch. 776, § 5, 63 Stat. 948
Source evidence
Code source credit
May 20, 1936, ch. 432, title II, § 201, as added Oct. 28, 1949, ch. 776, § 5, 63 Stat. 948Pub. L. 92–12 § 3(b) · 85 Stat. 29
Inserted · 7 U.S.C. § 922
Pub. L. 92–12 inserted “, to public bodies now providing telephone service in rural areas” after “areas” in first sentence and after “areas” in first proviso of second sentence
Source evidence
Code amendment note
Pub. L. 92–12 inserted “, to public bodies now providing telephone service in rural areas” after “areas” in first sentence and after “areas” in first proviso of second sentence.Enacted provision · exact public law section
(b) Section 201 of the Rural Electrification Act of 1936, as amended, is amended by inserting “, to public bodies now providing telephone service in rural areas”, immediately after the word “areas” in the first sentence and also immediately after the word “areas” in the first proviso of the second sentence.Effective date note
Amendment by Pub. L. 92–12 effective May 7, 1971, see section 7 of Pub. L. 92–12, set out as an Effective Date note under section 931 of this title.Department of Agriculture Reorganization Act of 1994
Pub. L. 103–354 title II § 235(a)(13) · 108 Stat. 3178
Substituted · 7 U.S.C. § 922
Pub. L. 103–354 substituted “Secretary” for “Administrator” wherever appearing
Source evidence
Code amendment note
Pub. L. 103–354 substituted “Secretary” for “Administrator” wherever appearing.Enacted provision · exact public law section
(13) except as otherwise provided in this subsection, by striking “Administrator” each place it appears in such Act and inserting “Secretary”.Agriculture Improvement Act of 2018
Pub. L. 115–334 § 6702(2) · 132 Stat. 4490
Substituted · 7 U.S.C. § 922
Pub. L. 115–334, § 6702(2), which directed substitution of “certifies” for “centifies” in sixth sentence, could not be executed because the word “centifies” did not appear
Source evidence
Code amendment note
Pub. L. 115–334, § 6702(2), which directed substitution of “certifies” for “centifies” in sixth sentence, could not be executed because the word “centifies” did not appear.Enacted provision · exact public law section
(2) in the 6th sentence, by striking “centifies” and inserting “certifies”.Agriculture Improvement Act of 2018
Pub. L. 115–334 § 6702(1) · 132 Stat. 4490
Substituted · 7 U.S.C. § 922
Pub. L. 115–334, § 6702(1), which directed substitution of “widest” for “wildest” in third sentence, could not be executed because the word “wildest” did not appear
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–334, § 6702(1), which directed substitution of “widest” for “wildest” in third sentence, could not be executed because the word “wildest” did not appear.Enacted provision · exact public law section
(1) in the 3rd sentence by striking “wildest” and inserting “widest”; andAgriculture Improvement Act of 2018
Pub. L. 115–334 § 6502 · 132 Stat. 4490
Inserted · 7 U.S.C. § 922
Pub. L. 115–334, § 6502, inserted section catchline
Substituted · 7 U.S.C. § 922
Pub. L. 115–334, § 6502, substituted “associations.” for “associations: And provided further, That for a period of one year from and after October 28, 1949, applications for loans received by the Secretary from persons who on October 28, 1949, are engaged in the operation of existing telephone service in rural areas shall be considered and acted upon before action is taken upon any application received from any other person for any loan to finance the furnishing or improvement of telephone service to substantially the same subscribers.” in last sentence
Substituted · 7 U.S.C. § 922
Pub. L. 115–334, § 6502, substituted “and that no duplication” for “, nor shall such loan be made in any State which now has or may hereafter have a State regulatory body having authority to regulate telephone service and to require certificates of convenience and necessity to the applicant unless such certificate from such agency is first obtained. In a State in which there is no such agency or regulatory body legally authorized to issue such certificates to the applicant, no loan shall be made under this section unless the Secretary shall determine (and set forth his reasons therefor in writing) that no duplication” in last sentence
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–334, § 6502, inserted section catchline and substituted “associations.” for “associations: And provided further, That for a period of one year from and after October 28, 1949, applications for loans received by the Secretary from persons who on October 28, 1949, are engaged in the operation of existing telephone service in rural areas shall be considered and acted upon before action is taken upon any application received from any other person for any loan to finance the furnishing or improvement of telephone service to substantially the same subscribers.” in second sentence and “and that no duplication” for “, nor shall such loan be made in any State which now has or may hereafter have a State regulatory body having authority to regulate telephone service and to require certificates of convenience and necessity to the applicant unless such certificate from such agency is first obtained. In a State in which there is no such agency or regulatory body legally authorized to issue such certificates to the applicant, no loan shall be made under this section unless the Secretary shall determine (and set forth his reasons therefor in writing) that no duplication” in last sentence.Enacted provision · exact public law section
SEC. 6502. LOANS FOR TELEPHONE SERVICE. Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 922) is amended— (1) by striking the section designation and all that follows through “From such sums” and inserting the following: “SEC. 201. LOANS FOR TELEPHONE SERVICE. “From such sums” ; (2) in the second sentence, by striking “associations:” and all that follows through “same subscribers.” and inserting “associations.”; and (3) in the sixth sentence, by striking “, nor shall such loan be made in any State” and all that follows through “writing)” in the seventh sentence and inserting the following: “and”.Agriculture Improvement Act of 2018
Pub. L. 115–334 § 6211 · 132 Stat. 4490
Substituted · 7 U.S.C. § 922
Pub. L. 115–334, § 6211, substituted “furnishing telephone service in rural areas, including indebtedness of recipients on another telecommunications loan made under this chapter.” for “furnishing telephone service in rural areas: Provided, That such refinancing shall be determined by the Secretary to be necessary in order to furnish and improve telephone service in rural areas: And provided further, That such refinancing shall constitute not more than 40 per centum of any loan made under this subchapter.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–334, § 6211, substituted “furnishing telephone service in rural areas, including indebtedness of recipients on another telecommunications loan made under this chapter.” for “furnishing telephone service in rural areas: Provided, That such refinancing shall be determined by the Secretary to be necessary in order to furnish and improve telephone service in rural areas: And provided further, That such refinancing shall constitute not more than 40 per centum of any loan made under this subchapter.”Enacted provision · exact public law section
SEC. 6211. REFINANCING OF TELEPHONE LOANS. Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 922) is amended, in the fifth sentence, by striking “furnishing telephone service in rural areas:” and all that follows through “40 per centum of any loan made under this title.” and inserting “furnishing telephone service in rural areas, including indebtedness of recipients on another telecommunications loan made under this Act.”.
8 of 9 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1971–2018 · 3 rounds
2018
Pub. L. 115–334, § 6702(2), which directed substitution of “certifies” for “centifies” in sixth sentence, could not be executed because the word “centifies” did not appear.
Pub. L. 115–334, § 6702(1), which directed substitution of “widest” for “wildest” in third sentence, could not be executed because the word “wildest” did not appear.
Pub. L. 115–334, § 6502, inserted section catchline and substituted “associations.” for “associations: And provided further, That for a period of one year from and after , applications for loans received by the Secretary from persons who on , are engaged in the operation of existing telephone service in rural areas shall be considered and acted upon before action is taken upon any application received from any other person for any loan to finance the furnishing or improvement of telephone service to substantially the same subscribers.” in second sentence and “and that no duplication” for “, nor shall such loan be made in any State which now has or may hereafter have a State regulatory body having authority to regulate telephone service and to require certificates of convenience and necessity to the applicant unless such certificate from such agency is first obtained. In a State in which there is no such agency or regulatory body legally authorized to issue such certificates to the applicant, no loan shall be made under this section unless the Secretary shall determine (and set forth his reasons therefor in writing) that no duplication” in last sentence.
Pub. L. 115–334, § 6211, substituted “furnishing telephone service in rural areas, including indebtedness of recipients on another telecommunications loan made under this chapter.” for “furnishing telephone service in rural areas: Provided, That such refinancing shall be determined by the Secretary to be necessary in order to furnish and improve telephone service in rural areas: And provided further, That such refinancing shall constitute not more than 40 per centum of any loan made under this subchapter.”
1994
Pub. L. 103–354 substituted “Secretary” for “Administrator” wherever appearing.
1971
Pub. L. 92–12 inserted “, to public bodies now providing telephone service in rural areas” after “areas” in first sentence and after “areas” in first proviso of second sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 1971 Amendment
Amendment by Pub. L. 92–12 effective , see section 7 of Pub. L. 92–12, set out as an Effective Date note under section 931 of this title.
Credits
1936–2018 · 4 acts
- 1936May 20, 1936, ch. 432, title II, § 201, as added Oct. 28, 1949, ch. 776, § 5, 63 Stat. 948
- 1971amended Pub. L. 92–12, § 3(b), , 85 Stat. 37
- 1994Pub. L. 103–354, title II, § 235(a)(13), , 108 Stat. 3221
- 2018Pub. L. 115–334, title VI, §§ 6211, 6502, 6702, , 132 Stat. 4744, 4772, 4779.
Show as published
(May 20, 1936, ch. 432, title II, § 201, as added Oct. 28, 1949, ch. 776, § 5, 63 Stat. 948; amended Pub. L. 92–12, § 3(b), , 85 Stat. 37; Pub. L. 103–354, title II, § 235(a)(13), , 108 Stat. 3221; Pub. L. 115–334, title VI, §§ 6211, 6502, 6702, , 132 Stat. 4744, 4772, 4779.)