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HomeMy WebLinkAbout20100121final_order_no_30985.pdfOffice of the Secretary Service Date January 21 2010 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF SYRINGA NETWORKS, LLC, FOR AN INVESTMENT TAX CREDIT FOR INSTALLING QUALIFIED BROADBAND EQUIPMENT. CASE NO. SZ9-IO- ORDER NO. 30985 On January 7 2010, Syringa Networks, LLC filed an Application requesting approval of equipment for the broadband tax credit pursuant to Order No. 28784 and Idaho Code 9 63- 30291(4). To be eligible for the tax credit, the taxpayer must obtain an Order from the Commission confirming that the equipment has been installed and that it meets the definition of qualified broadband equipment set out in Idaho Code 9 63-3029I(3)(b). Qualified broadband equipment must be 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. In this Order, we find that the Company s investment meets the applicable standards. THE APPLICATION The Company s Application identifies broadband investments made during 2009. Syringa states that it is a provider of wholesale broadband telecommunications services in southern Idaho. The Company maintains that its investments included fiber optic facilities digital switching equipment SONET multiplexers , power equipment, engineering and other equipment associated with its broadband network. The Company reported a total broadband investment during 2009 of approximately $3 000 000. STAFF REVIEW To implement its responsibilities under Idaho Code 9 63-30291, the Commission issued Procedural Order No. 28784 in July 2001. This Order identifies information that must be included in an application for a broadband tax credit. Once the information is filed with the Commission, the Staff reviews the application and submits a recommendation to the Commission. Staff has reviewed the list of proposed broadband equipment submitted by the Company and believes that the equipment identified meets the statutory criteria. Staff therefore recommended approval of the Application and further recommended that the Commission ORDER NO. 30985 forward an approving Order along with a copy of the original Application to the Idaho State Tax Commission. COMMISSION FINDINGS Having reviewed Syringa s Application and Staff s recommendation, we find that the Application for a qualifying broadband equipment Order should be granted. The Company has demonstrated that it installed qualifying broadband equipment, identified in its Application during 2009 in conformance with Idaho Code 9 63-30291. We further find that as configured the installed equipment is an integral part of a broadband network necessary to deliver broadband services to Idaho customers. Based on the foregoing, the Commission issues this Order confirming that Syringa Networks, LLC has installed qualified broadband equipment as a precondition to seeking an Idaho broadband tax credit. The Commission makes no findings regarding the costs of the installed broadband equipment. ORDER IT IS HEREBY ORDERED that the Application of Syringa Networks, LLC for an Order certifying that it has installed qualifying broadband equipment for 2009 is granted. IT IS FURTHER ORDERED that a copy ofthis Order and a copy of the 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. See Idaho Code 99 61-626, 63-30291(4). ORDER NO. 30985 ,sfDONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this ='1 day of January 2010. #. ~/~ D. KE PTO , P IDENT JJ~ MARSHA H. SMITH, COMMISSIONER , (\ 1:k'\J \J "'-S-----l- '\ ~ ,\-- MACK A. REDFORD, COMMISS .NER ATTEST: ~t). D. Jewell Commission Secretary O:SZ9-IO-Ol ks ORDER NO. 30985