20160902Decision Memo.pdf

TO:
FROM:
DATE:
RE:
DECISION MEMORANDUM
COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRET ARY
LEGAL
WORKING FILE
GRACE SEAMAN
SEPTEMBER 2, 2016
THE 2015 BROADBAND EQUIPMENT TAX CREDIT APPLICATION
FOR IDAHO 6-CLARK RSA LIMITED PARTNERSHIP, AN
OPERA TING ENTITY OF THE VERIZON WIRELESS BUSINESS
DIVISION; CASE NO. GNR-T-16-09.
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 forwarded to the Idaho Tax Commission.
DECISION MEMORANDUM . ] . SEPTEMBER 2, 2016
THE APPLICATION
On August 5, 2016 the Commission received an Application from Idaho 6-Clark RSA
Limited Partnership, an operating entity of the Verizon Wireless business division ("Verizon" or
"Company"), seeking approval of equipment for the broadband tax credit installed during
calendar year 2015. In the Application, Verizon states that it installed equipment associated with
"CMDA2000 (Code Division Multiple Access) technologies to support L TE [Sonet Light
Terminating Equipment] for 40 [41h Generation Mobile System] voice and broadband data, in
addition to three other generations of CDMA-based cellular network technologies." Verizon
discloses that its broadband network has data transmission rates between 300 Kbps and 3 Mbps
for subscriber downloads and uploads, which exceeds 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
100% of its Idaho subscribers have access to the broadband network. During 2015, the
Company invested approximately $4,856,880 in qualifying broadband equipment that it confirms
is integral to the broadband network.
STAFF REVIEW AND RECOMMENDATION
Staff has reviewed the list of proposed broadband equipment submitted by Verizon and
believes the identified equipment qualifies for the investment tax credit pursuant to Procedural
Order No. 28784 and Idaho Code§ 63-3029!(3)(b). 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. GNR-T-16-09 is qualified broadband equipment as defined in Idaho Code§ 63-30291(3)(b),
and forward it to the Idaho Tax Commission?
Udmcmos/gnr+16-09 dee memo
DECISION MEMORANDUM -2-SEPTEMBER 2, 2016