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HomeMy WebLinkAbout20100923final_order_no_32071.pdfOffice of the Secretary Service Date September 23 2010 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 BROADBANDEQUIPMENT CASE NO. CEN-10- ORDER NO. 32071 On September 2 2010, the Commission received an Application from CenturyTel of Idaho, Inc. ("CenturyTel" or "Company ) asking for approval of a broadband tax credit, pursuant to Idaho Code 9 63-30291, for the Company s broadband investments issued during the 2009 calendar year. THE APPLICATION In its Application, CenturyTel states that during 2009 it installed, in the Salmon Idaho exchange, equipment associated with Asymmetrical Digital Subscriber Line (ADSL) services with transmission rates of 1 Mbps to a subscriber and 125 Kbps from a subscriber. CenturyTel asserts that approximately 68% of its customers in the Salmon, Idaho exchange are served or can be served by the broadband network. CenturyTel states that it has invested approximately $176 800 in qualifying broadband equipment during the last six months of 2009 (July 1 , 2009 through December 31 2009). STAFF REVIEW AND RECOMMENDATION Staff reviewed the list of proposed broadband equipment submitted by CenturyTel and found that the equipment identified meets the statutory criteria outlined in Idaho Code 9 63- 3029I(3)(b). Staff determined that CenturyTel 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 9 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 CenturyTel's Application, be forwarded to the Idaho State Tax Commission. COMMISSION FINDINGS 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." Idaho Code 9 63-30291(4). "In the case of a telecommunications carrier, such ORDER NO. 32071 qualifying equipment shall be necessary to the provision of broadband service and an integral part of a broadband network." Idaho Code 9 63-3029I(3)(b)(i). Based upon our review of the Application and the recommendations of the Commission Staff, we find that the instant Application requesting a qualified broadband equipment Order should be granted. CenturyTel has adequately demonstrated that the equipment identified in its Application qualifies as broadband equipment subject to the tax credit. further find that CenturyTel 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. It is therefore appropriate for the Commission to issue this Order confirming that the equipment identified in CenturyTel's Application is qualified broadband equipment. ORDER IT IS HEREBY ORDERED that the Application of CenturyTel of Idaho, Inc. seeking an Order certifying that it has installed qualified broadband equipment is granted. IT IS FURTHER ORDERED that a copy of this Order and a copy of CenturyTel' 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 99 61-626 , 63-30291(4). ORDER NO. 32071 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ,;(3 ;.J. day of September 20 I D. KEMPTON, PRE ~- J)~MARSHA H. SMITH, COMMISSIONER MACK A. REDFORD, COMMI SIONER ATTEST: ~~. 8'-.D. Jewell C mmlSSlOn Secretary O:CEN-IO- ORDER NO. 32071