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HomeMy WebLinkAbout20070712final_order_no_30368.pdfOffice of the Secretary Service Date July 12, 2007 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF CAMBRIDGE TELEPHONE COMPANY FOR AN INVESTMENT TAX CREDIT FOR INSTALLING QUALIFYING BROADBAND EQUIPMENT ORDER NO. 30368 CASE NO. CAM-07- On June 27, 2007, the Commission received an Application from Cambridge Telephone Company ("Cambridge ) asking for approval of a broadband tax credit pursuant to Commission Order No. 28784 and Idaho Code ~ 63-30291(4). In order to be eligible to obtain the tax credit, the taxpayer must first obtain an Order from the Commission "confirming that the installed equipment is qualified broadband equipment." Id. In the case of a telecommunications carrier, such qualifying equipment shall be necessary to the provision of broadband service and an integral part of a broadband network." Idaho Code ~ 63-3029I(3)(b )(i). THE APPLICATION Cambridge s Application states that it has installed central office equipment and fiber optic cables to provide DSL, Tl , DS3 and Frame Relay services to Idaho customers. Cambridge s Application indicates its service provides speeds of between 256 000 and 5 000 000 bps to customers. The Company states that the equipment is necessary and integral to its broadband network and that 100 percent of the investment will be used to provide service to Idaho customers. The Application identified over $1 000 000 of investment in 2006. STAFF REVIEW Staff reviewed the list of proposed broadband equipment submitted by Cambridge and found that the equipment identified meets the statutory criteria outlined in Idaho Code ~ 63- 3029I(3)(b). Staff determined that Cambridge s broadband equipment is capable of transmitting signals at a rate of at least 200 000 bps to a subscriber and at least 125 000 bps from a subscriber. Idaho Code ~ 63-3029I(3)(b). Staff also determined that Cambridge is a telecommunications carrier and its equipment is "necessary to the provision of broadband service and an integral part of a broadband network." Idaho Code ~ 63-3029I(3)(b)(i). Therefore, Staff recommended that the Commission issue an Order approving the Application and that the approving Order, along with a copy of Cambridge s Application, be forwarded to the Idaho State Tax Commission. ORDER NO. 30368 COMMISSION FINDINGS Based upon our review of the Application and the recommendations of the Staff, we find that the Application for a qualifying broadband equipment Order should be granted. Cambridge has adequately demonstrated that the equipment identified in its Application is qualifying broadband equipment subject to the tax credit. We further find that Cambridge is a telecommunications carrier and, as presently configured, the installed equipment is an integral part of the Company s broadband network and that it is necessary to facilitate the delivery of broadband Internet service to Idaho customers. Id. It is therefore appropriate for the Commission to issue this Order confirming that the equipment identified in Cambridge Application is qualified broadband equipment. ORDER IT IS HEREBY ORDERED that Cambridge Telephone Company s Application for an Order certifying that it has installed qualifying broadband equipment is granted. IT IS FURTHER ORDERED that a copy of this Order and a copy of Cambridge Application be served upon the Idaho State Tax Commission. THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. Idaho Code ~~ 61-626 63-30291(4). ORDER NO. 30368 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this I J-r- day of July 2007. OWL MARSHA H. SMITH, COMMISSIONER . . OMMISSIONER ATTEST: /J~ () ~well Cb-Inmission Secretary O:CAM- T-07-0 I ORDER NO. 30368