20190517 Decision Memo.pdf

RE
DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM: DANIEL KLEIN
DATE: MAY 16,2019
FILER MUTUAL TELEPHONE COMPANY'S 20I8 BROADBAND
EQUIPMENT TAX CREDIT; CASE NO. FIL-T-19-01.
BACKGROUND
In 2001, House Bill 377 was enacted authorizing income tax credit for the installation of
qualifying broadband infrastructure in Idaho. Idaho Code $ 63-30298(3XaXii). In particular,
Section 63-30291allows 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 $ 63-3291(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(3XbXi) 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 ldaho Code $ 63-30291(4). Once the Comrnission as determined the
installed equipment is eligible for the broadband equipment tax credit, an order along with the
original Application is forwarded to the Idaho Tax Commission.
DECISION MEMORANDUM MAY 16.2019I
THE APPLICATION
On May 1,2019, the Commission received an Applicalion from Filer Mutual Telephone
Company, ("Filer Mutual" or "Company"), seeking approval of the equipment for the broadband
tax credit installed during calendar year 2018. In the Application, Filer states that it installed
equipment associated with Asymmetric Digital Subscriber Line (ADSL), High-bit-rate digital
Subscriber Line (HDSL), wireless broadband (WBB), and fiber to the x FTTX services with
transmission rates from 5 l2 Kbps to 10 Gbps which meets the required rates of 200,000 bits per
second to a subscriber and 125,000 bits per second from a subscriber. The Company asserts that
994/o of its Idaho subscribers have access to the broadband network. Filer Mutual invested
approximately $2,701,761 .4A in 2018 in qualifying broadband equipment that it confirms is
integral to the broadband network.
STAFF REVIEW AND RECOMMENDATION
Staff has reviewed and audited the list of proposed broadband equipment and believes
the identified equipment qualifies for the investment tax credit pursuant to Procedural Order
No. 28784 and ldaho Code $ 63-30291(3Xb). Stafl, therefbre, 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. FIL-T-19-01 is qualified broadband equipment as defined in ldaho Code
$ 63-30291(3Xb) and forward it to the Idaho Tax Commission?
Daniel Klein
DECISION MEMORANDUM .|MAY 16,2019
l*-,_ / Ot-<-