20140903final_order_no_33112.pdf

Office of the Secretary
Service Date
September 3.2014
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF CENTURYTEL OF THE )
GEM STATE,INC.DBA CENTURYLINK’S 2012)CASE NO.CGS-T-14-04
AND 2013 BROADBAND EQUIPMENT TAX )
CREDIT APPLICATION.)ORDER NO.33112
On August 26.2014.CenturyTel of the Gem State.Inc.dba CenturyLink (the
Company”)applied to the Idaho Public Utilities Commission (“Commission”)for an Order
confirming that equipment it installed in 2012 and 2013 is “qualified broadband equipment”
under Idaho Code §63-30291 (Income tax credit for investment in broadband equipment).With
this Order,we confirm that the installed equipment is “qualified broadband equipment”under
Idaho Code §63-30291.
THE APPLICATION
In its Application,the Company says that:(1)in 2012 its net investment in qualifying
broadband equipment was $21,833 (consisting of $21,833 in investments and no retirements);
and (2)in 2013,its net investment in qualifying broadband equipment was $178,344 (consisting
of $179,041 in investments and $697 in retirements).The Company says it installed equipment
associated with various forms of DSL-based broadband services (using a mix of fiber and
metallic cable transport)with transmission rates ranging from 256 kilobits per second (i.e.,
256.000 bits per second (“bps”))to 40 megabits per second (i.e.,40,000,000 bps).The Company
says it deployed services in the Grandview,Grasmere-Riddle,and Bruneau exchanges,and that
in 2012 its broadband network could serve 73%of its Idaho customers and in 2013 its broadband
network could serve 68%of its Idaho customers.See Application.
THE BROADBAND EQUIPMENT TAX CREI)IT
Idaho Code §60-30291 allows a taxpayer to receive an income tax credit for having
installed qualified broadband equipment during a calendar year.Before the taxpayer is eligible
for the tax credit,the taxpayer must first apply to the Commission for an Order confirming that
the installed equipment is “qualified broadband equipment”as defined in the statute.Idaho
Code §63-30291(4).That statute defines “qualified broadband equipment”as equipment that
qualifies for the Idaho Code §63-3029B capital investment credit that “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
ORDERNO.33112
subscriber.”Idaho Code §63-30291(3)(b).In addition,to be “qualified broadband equipment”
the equipment must be “primarily used to provide services in Idaho to Idaho public subscribers.”
See Idaho Code §63-30291(3)(b)(vii).Further,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 §63-30291(3)(b)(i).
In furtherance of its statutory responsibility,the Commission has issued Order No.
28784.That Order specifies the information the taxpayer must include in the broadband tax
credit application.When the taxpayer files the application,the Commission Staff reviews it to
determine whether the listed equipment meets the statutory definition of “qualified broadband
equipment.”Staff then submits a recommendation to the Commission.If the Commission
ultimately approves the application,then the Commission forwards it and the Order to the Idaho
State Tax Commission.
STAFF REVIEW
Staff reviewed the Company’s Application under Idaho Code §63-30291.Based on
its review,Staff believes that the Company is a telecommunications carrier and that the listed
equipment meets the statutory criteria and is “qualified broadband equipment”that is eligible for
the tax credit.Staff thus recommended the Commission:(1)issue an Order confirming that the
Company’s equipment is “qualified broadband equipment,”and (2)forward copies of the
Application and Order to the Idaho State Tax Commission.
COMMISSION FINDINGS
Having reviewed the Company’s Application and Staffs recommendation,we find
that the Company’s equipment is “qualified broadband equipment”subject to the tax credit under
Idaho Code §63-30291.The Company is a telecommunications carrier.Further,the listed
equipment (as presently configured)is an integral part of the Company’s broadband network and
is necessary to the provision of broadband service to Idaho customers.Accordingly,it is
appropriate for the Commission to issue an Order confirming that the Company’s equipment is
“qualified broadband equipment.”The Commission makes no findings regarding the costs of the
installed broadband equipment or other expenses.
ORDERNO.33112 2
ORDER
IT IS HEREBY ORDERED that the Company’s Application for an Order confirming
that equipment it installed in 2012 and 2013 is qualified broadband equipments”is granted.
IT IS FURTHER ORDERED that a copy of this Order and a copy of the Application
be served on 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 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of September 2014.
7’
PAUL KJELLNDER,PRESIDENT
MACK A.REDFORD,COMMISSIONER
Out of the Office on this Date
MARSHA H.SMITH,COMMISSIONER
ATTEST:
Jean D.Jewell
Commission Secretary
O:CGS-T-I 4-O4kk
ORDERNO.33112 3