HomeMy WebLinkAbout20230615Amended Proposed Order.pdfCOLUMBINE TELEPHONE COMPANY,INC.
CASE NO.COL-T-23-01
EXHIBIT A
Elizabeth A. Koeckeritz (ISB # 7670)
GIVENS PURSLEY LLP
601 W. Bannock
P.O. Box 2720
Boise, ID 83701
(208) 388-1200
(208) 388-1300 (fax)
Attorneys for Columbine Telephone Company, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF COLUMBINE TELEPHONE
COMPANY, INC. TO GUARANTY
LOANS IN AN AMOUNT NOT TO
EXCEED $64,777,106
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Case No. COL-T-23-01
PROPOSED ORDER
On June 12, 2023, Columbine Telephone Company, Inc. (hereinafter Applicant), filed an
Application for authority to provide guarantees of payment (the “Guarantee”) in favor of the Rural
Telephone Finance Cooperative ("RTFC") guaranteeing payment of a term loan from RTFC to
Columbine’s parent company Horizon Communications, Inc. (“Horizon”) in the amount of
$64,777,106. The loan consists of four separate debt facilities, one the in the amount of $8,000,000
(“Note A”), one in the amount of $18,054,742 (“Note B”), one in the amount of $23,722, 364
(“Note C”), and one in the amount of $15,000,000 (“Note D”) (Note A, Note B, Note C, and Note
D collectively, the “Horizon Loan”). The guarantee for Note A, Note B and Note D is unsecured.
The guarantee for Note C will be secured by a Restated Mortgage and Security Agreement.
In support of said Application, Applicant alleges that the proceeds of Horizon Loan will be
used to finance Horizon’s capital expenditures for the years 2023-2026 and to finance capital
expenditures for a fiber-to-the-home project in Rexburg, Idaho and the surrounding areas, and to
finance or refinance the purchase of certain telecommunications assets in the Boise, Idaho area.
Applicant further alleges that the Guarantee is a condition of the Horizon Loan proposed to be
made by RTFC, and that guarantees by each of Columbine’s sister companies also will be required.
RECEIVED
Thursday, June 15, 2023 2:53:37 PM
IDAHO PUBLIC
UTILITIES COMMISSION
COLUMBINE TELEPHONE COMPANY,INC.
CASE NO.COL-T-23-01
EXHIBIT A
After examining the Application and supporting documents and being fully advised in the
premises, the Commission hereby finds that a hearing in this matter is not required, and that the
proposed transaction is consistent with the public interest.
IT IS THEREFORE ORDERED that the Application of Columbine Telephone Company,
Inc. for authority to provide: (i) an unsecured guaranty for Note A to Horizon in an amount not to
exceed $8,000,00; (ii) an unsecured guaranty for Note B to Horizon in an amount not to exceed
18,054,742; (iii) a secured guaranty for Note C to Horizon in an amount not to exceed $23,722,364;
and (iv) an unsecured guaranty for Note D to Horizon in an amount not to exceed $15,000,000 in
substantially in the form of that submitted to the Commission and thereby guaranty payment of
the Horizon Loan be, and is hereby granted.
DONE by Order of the Idaho Public Utilities Commission this ____ day of
_____________, 202__.
ERIC ANDERSON, PRESIDENT
JOHN R. HAMMOND, JR., COMMISSIONER
EDWARD LODGE, COMMISSIONER
ATTEST:
Jan Noriyuki
Commission Secretary
COLUMBINE TELEPHONE COMPANY,INC.
CASE NO.COL-T-23-01
EXHIBIT B
LEGAL NOTICE OF COLUMBINE TELEPHONE COMPANY
APPLICATION FOR AUTHORITY TO GUARANTY LOAN
CASE NO. COL-T-23-01
NOTICE IS HEREBY GIVEN that on June 12, 2023, Columbine Telephone Company filed with
the Idaho Public Utilities Commission an Application for authority to guaranty one loan in the
principal amount of $64,777,106 to be made by the Rural Telephone Finance Cooperative to the
Applicant’s parent company Horizon Communications, Inc.
The Application is on file with, and may be obtained from, the Commission, whose offices are
located at 11331 W. Chinden Blvd., Building 87, Suite 201-A, Boise, Idaho 83714 (208-334-
0300), or may be viewed on the Commission’s homepage at:
http://www.puc.idaho.gov/fileroom/cases/summary/tele.html. Any person desiring to comment
on said Application must file petitions or protests with the Idaho Public Utilities Commission
within fourteen (14) days of the filing date. If no protests are received within this time limit, the
Commission may consider the Application and enter its Order without setting the matter for
hearing. If written protests are filed with the Commission within the time limit set, the Commission
will consider the same and, in its discretion, may set a hearing. Petitions or protests must be filed
with: Jean Jewell, Secretary, Idaho Public Utilities Commission, 11331 W. Chinden Blvd.
Building 8, Suite 201-A, Boise, Idaho 83714.
Jan Noriyuki, Secretary
Idaho Public Utilities Commission