20170602final_order_no_33781.pdf

Office of the Secretary
Service Date
June 2.2017
BEFORE TIlE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
FREMONT TELECOM FOR AN INVESTMENT )CASE NO.FRE-T-17-02
TAX CREDIT FOR INSTALLING )
QUALIFYING BROADBAND EQUIPMENT )ORDER NO.33781
______________________________________________________________________________________
)
On April 3,2017,Fremont Telecom (“Fremont”or “Company”)applied to the Idaho
Public Utilities Commission (“Commission”)for an Order confirming that equipment it installed
in 2016 is qualified broadband equipment”under Idaho Code §63-3 0291 (Income tax credit for
investment in broadband equipment).With this Order,we confirm that the installed equipment
is “qualified broadband equipment”under Idaho Code §63-3 0291.
THE APPLICATION
In its Application,the Company states that it invested $821,000 in qualifying
broadband equipment in 2016.The Company says it installed equipment associated with
Asymmetric Digital Subscriber Line (ADSL)and Ethernet broadband services (using 1 8K non-
loaded copper distribution,fiber optic backbone and distribution cable).The Company states
that its network is capable of providing transmission speeds of 256 kilobits per second (Kbps)to
1 rnegabits per second (Mbps)from a subscriber and 768 Kbps to I Mbps to a subscriber.The
Company further states that 54%of its customers currently have broadband services.See
Application.
THE BROADBAND EQUIPMENT TAX CREDIT
Idaho Code §63-30291 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 obtain a Commission Order confirming that the installed
equipment is “qualified broadband equipment”as defined in the statute.Idaho Code §63-
30291(4).The statute defines “qualified broadband equipment”as equipment that:(1)qualifies
for the Idaho Code §63-3029B capital investment credit that “is capable of transmitting signals
at a rate of at least [200,000 bits per second (bps)]to a subscriber and at least [125,000 bps]from
a subscriber”(Idaho Code §63-30291(3)(b));and (2)is “primarily used to provide services in
Idaho to Idaho public subscribers.”See Idaho Code §63-30291(3)(b)(vii).Moreover,in “the case
ORI)ERNO.33781 1
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 issued Order No.28784
to specify what information a taxpayer must include in a 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”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”eligible for 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.
ORDER
IT IS HEREBY ORDERED that the Company’s Application for an Order,
confirming that equipment it installed in 2016 is “qualified broadband equipment,”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.
ORDER NO.33781 2
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 e?cf
day of June 2017
ATTEST:
Diane M.Hanian
Commission Secretary
O:FRE-T-17-Olsc
ERIC ANDERSON,COMMISSIONER
ORDER NO.33781