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HomeMy WebLinkAbout20080212final_order_no_30502.pdfOffice of the Secretary Service Date February 12, 2008 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF SYRINGA NETWORKS, LLC FOR AN INVESTMENT TAX CREDIT FOR INSTALLING QUALIFYING BROADBAND EQUIPMENT CASE NO. SZ9-08- ORDER NO. 30502 On January 18, 2008 , the Commission received an Application from Syringa Networks LLC ("Syringa ) asking for approval of a broadband tax credit pursuant to Commission Order No. 28784 and Idaho Code ~ 63-30291(4). In order to be eligible to obtain the tax credit, the taxpayer must first obtain an Order from the Commission "confirming that the installed equipment is qualified broadband equipment.Idaho Code ~ 63-30291(4). "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." 3029I(3)(b )(i). Idaho Code ~ 63- THE APPLICATION Syringa s Application indicates that the Company has installed fiber optic cable digital switching equipment SONET multiplexers, testing equipment, modular routers and supporting power supply and software. Syringa states that all of its customers are Idaho subscribers and that the equipment enables the Company to offer high-speed transport, frame- relay, and other related services to its customers at transmission rates of 1.544 Mbps and higher. The Company s total investment in qualified broadband equipment amounted to approximately $770 000 during the 2007 calendar year. STAFF REVIEW Staff reviewed the list of proposed broadband equipment submitted by Syringa and found that the equipment identified meets the statutory criteria outlined in Idaho Code ~ 63- 3029I(3)(b). Staff determined that Syringa s broadband equipment 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 ~ 63-3029I(3)(b). Staff also determined that Syringa is a telecommunications carrier and its equipment is "necessary to the provision of broadband service and an integral part of a broadband network." Idaho Code ~ 63-3029I(3)(b)(i). Therefore, Staff ORDER NO. 30502 recommended that the Commission issue an Order approving the Application and that the approving Order, along with a copy of Syringa s Application, be forwarded to the Idaho State Tax Commission. COMMISSION FINDINGS Based upon our review of the Application and the recommendations of the Staff, we find that the Application for a qualifying broadband equipment Order should be granted. Syringa has adequately demonstrated that the equipment identified in its Application qualifying broadband equipment subject to the tax credit. We further find that Syringa is a telecommunications carrier and, as presently configured, the installed equipment is an integral part of the Company s broadband network and that it is necessary to facilitate the delivery of broadband Internet service to Idaho customers. It is therefore appropriate for the Commission to issue this Order confirming that the equipment identified in Syringa s Application is qualifying broadband equipment. ORDER IT IS HEREBY ORDERED that Syringa Networks, LLC's Application for an Order certifying that it has installed qualifying broadband equipment is granted. IT IS FURTHER ORDERED that a copy of this Order and a copy of Syringa Application be served upon 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 after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. Idaho Code ~~ 61-626 63-30291(4). ORDER NO. 30502 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /J.,fJ. day of February 2008. '4~A~ MACK A:'RE DFORD , PRESI , ENT MARSHA H. SMITH, COMMISSIONER . ~ JI MPTON, OMMISSIONER ATTEST: rill D. Jewel ommlSSlon Secretary 0: SZ9-08-0 l ORDER NO. 30502