20150929final_order_no_33388.pdf

Office of the Secretary
Service Date
September 29,2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF POTLATCH )
TELEPHONE COMPANY DBA TDS )CASE NOS.POT-T-15-O1
TELECOM’S APPLICATION FOR AN )
INVESTMENT TAX CREDIT FOR )
INSTALLING QUALIFYING BROADBAND )ORDER NO.33388
EQUIPMENT )
On August 24,2015,Potlatch Telephone Company dba TDS Telecom (the
“Company”)applied to the Idaho Public Utilities Commission (“Commission”)for an Order
confirming that equipment it installed in 2014 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 states that it invested $851,874.20 in qualifying
broadband equipment in 2014.The Company reports that it installed equipment associated with
Digital Subscriber Line (DSL)services with transmission rates of up to 25 megabits per second
(i.e.,25,000,000 bits per second (“bps”)).The Company also reports that it installed the
broadband equipment in the Juliaetta,Kendrick,and Potlatch exchanges,and that the broadband
network can serve 94%of the Company’s Idaho customers.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 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 bpsj to a subscriber and at least [125,000 bpsj from a
subscriber.”Idaho Code §63-30291(3)(b).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).
ORDER NO.33388 1
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 Staff’s 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 2014 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.
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
ORDER NO.33388
after any person has petitioned for reconsideration,any other person may cross-petition for
reconsideration.See Idaho Code §6 1-626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 9
day of September 2015.
PAUL KJELLANDER.PRESIDENT
MARSHA H.SMITH,COMMISSIONER
K STINE RAPER,CYMMTSSIONER
ATTEST:
Ji1
ommission Secretary
O:POTT-1 5-Olkk
ORDER NO.33388 3