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HomeMy WebLinkAbout20090929final_order_no_30910.pdfOffice of the Secretary Service Date September 29, 2009 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF CENTURYTEL OF IDAHO, INc., FOR AN INVESTMENT TAX CREDIT FOR INSTALLING QUALIFIED BROADBAND EQUIPMENT. CASE NO. CEN-09- ORDER NO. 30910 On September 11 , 2009, CenturyTel of Idaho, Inc. filed an Application requesting approval of equipment for the broadband tax credit pursuant to Order No. 28784 and Idaho Code ~ 63-30291(4). To be eligible for the tax credit, the taxpayer must obtain an Order from the Commission confirming that the equipment has been installed and that it meets the definition of qualified broadband equipment set out in Idaho Code ~ 63-30291(3)(b). Qualified broadband equipment must be capable of transmitting signals at a rate of at least 200 000 bits per second (bps) to a subscriber and at least 125 000 bps from a subscriber. In this Order, we find that CenturyTel's investment meets the applicable standards. THE APPLICATION The Company s Application identifies broadband investments during the first six months of 2009. CenturyTel maintains that it installed equipment that provides Asymmetric Digital Subscriber Line (ADSL) service with transmission rates of 1 Mbps to a subscriber and 128 Kbps from a subscriber. The qualifying equipment was installed in the Salmon exchange. The Company asserts that 3,420 or 68% of its Idaho customers have access to broadband services. The Company reported a total broadband investment during the first six months 2009 of approximately $31 200. STAFF REVIEW To implement its responsibilities under Idaho Code ~ 63-30291, the Commission issued Procedural Order No. 28784 in July 2001. This Order identifies information that must be included in an application for a broadband tax credit. Once the information is filed with the Commission, the Staff reviews the application and submits a recommendation to the Commission. Staff has reviewed the list of proposed broadband equipment submitted by the Company and believes that the equipment identified meets the statutory criteria. Staff therefore ORDER NO. 30910 recommended approval of the Application and further recommended that the Commission forward an approving Order along with a copy of the original Application to the Idaho State Tax Commission. COMMISSION FINDINGS Having reviewed CenturyTel's Application and Staffs recommendation, we find that the Application for a qualifying broadband equipment Order should be granted. The Company has demonstrated that it installed qualifying broadband equipment, identified in its Application during 2009 in conformance with Idaho Code ~ 63-30291. We further find that as configured the installed equipment is an integral part of a broadband network necessary to deliver broadband services to Idaho customers. Based on the foregoing, the Commission issues this Order confirming that CenturyTel of Idaho, Inc. has installed qualified broadband equipment as a precondition to seeking an Idaho broadband tax credit. The Commission makes no findings regarding the costs ofthe installed broadband equipment. ORDER IT IS HEREBY ORDERED that CenturyTel of Idaho, Inc.'s Application for an Order certifying that it has installed qualifying broadband equipment for 2009 is granted. IT IS FURTHER ORDERED that a copy of this Order and a copy of the 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. See Idaho Code ~~ 61-626 and 63-30291(4). ORDER NO. 30910 DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho, this ~ 9 r" day of September 2009. MPTO , P IDENT MARSHA H. SMITH, COMMISSIONER ATTEST: I~, D. J well C ' ISSlon Secretary O:CEN-09-02 ks ORDER NO. 30910