20151002Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER RAPER
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:OCTOBER 1,2015
RE:CENTURYTEL OF IDAHO,INC.DBA CENTURYLINK’S 2014
BROADBAND EQUIPMENT TAX CREDIT APPLICATION;
CASE NO.CEN-T-15-05.
BACKGROUND
In 2001,House Bill 377 was enacted authorizing income tax credit for the installation of
qualifying broadband infrastructure in Idaho.Idaho Code §63-3029B(3)(a)(ii).In particular,
Section 63-30291 allows a taxpayer to receive an investment tax credit for eligible broadband
equipment installed during a calendar year.
“Qualified broadband equipment”is defined as those network facilities capable of
transmitting signals at a rate of at least 200,000 bits per seconds (bps)to a subscriber and at least
125,000 bps from a subscriber.Idaho Code §63-30291(3)(b).If the equipment is installed by a
telecommunications carrier,it must also be “necessary to the provision of broadband services
and an integral part of a broadband network.”Idaho Code §63-30291(3)(b)(i).To be eligible
for the tax credit,the taxpayer must obtain from the Commission an Order confirming that the
installed equipment meets the statutory definition of qualified broadband equipment.Procedural
Order No.28784 and Idaho Code §63-30291(4).Once the Commission has determined the
installed equipment is eligible for the broadband equipment tax credit,an order along with the
original Application is fonvarded to the Idaho Tax Commission.
THE APPLICATION
On September 9,2015 Centurylel of Idaho,Inc.dba CenturyLink (“CcnturyLink”or
“Company”)submitted an Application with the Commission seeking approval of equipment for
DECISION MEMORANDUM -I -OCTOBER 1,2015
the broadband tax credit for calendar year 2014.CenturyLink states in the Application that it
installed equipment associated with various forms of DSL-based broadband services (using a
mix of fiber and metallic cable transport)in the Leadore and Salmon exchanges.The Company
provided the following details:
Year Transmission Rates %l Investment Retirements Net Investment
2014 256 Kbps—7 Mbps 95%$73,953 SO $73,953
STAFF REVIEW AND RECOMMENDATION
Staff has reviewed the list of proposed broadband equipment and believes the identified
equipment qualifies for the investment tax credit pursuant to Procedural Order No.28784 and
Idaho Code §63-30291(3)(b).Staff also believes that the expenditures identified by the
Company,a telecommunications provider,were for equipment that is “necessary for the
provision of broadband services and an integral part of a broadband network.”Staff,therefore,
recommends that the Commission issue an Order confirming the equipment is qualified
broadband equipment and forward the approving Order along with a copy of the original
Application to the Idaho Tax Commission.
COMMISSION DECISION
Does the Commission wish to issue an Order confirming the equipment identified in Case
No.CEN-T-i 5-05 is qualified broadband equipment as defined in idaho Code §63-30291(3)(b)
and forward it to the Idaho Tax Commission?
4
Grace Seaman
Udmemos/cen-t-15-OSbEc de memo
The percentage of living units (street addresses)where the Company might send a bill and where ‘vireline plant is
nearby.This figure represents the %of working qualified living units where DSL-based service could be
provisioned in a short timeframe.
DECISION MEMORANDUM -2-OCTOBER 1,2015