20150116Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:JANUARY 15,2015
RE:FRONTIER COMMUNICATIONS NORTHWEST INC.’S 2013
BROADBAND EQUIPMENT TAX CREDIT APPLICATION;
CASE NO.VZN-T-14-02.
BACKGROUND
In 200!,House Bill 377 was enacted authorizing income tax credit for the installation of
qualifying broadband infrastructure in Idaho.Idaho Code §63-3029B(3)(a)Oi).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.
THE APPLICATION
On December 22,2014,the Commission received an Application from Frontier
Communications Northwest Inc.(“FC Northwest”)filed an application seeking approval of
DECISION MEMORANDUM -I -JANUARY 15,2015
equipment for the broadband tax credit.In the Application,FC Northwest states that it installed
equipment associated with Asymmetrical Digital Subscriber Line (“ADSL”)services with
transmission rates of up to 640 Kbps “send”and 6 Mbps “receive”in 18 exchanges.FC
Northwest asserts that over 78%of its total customer base can be served by the broadband
network.During 2013,the Company invested approximately $4.13 million in qualifying
broadband equipment.
STAFF REVIEW AND RECOMMENDATION
Staff has reviewed the list of proposed broadband equipment submitted by FC Northwest
and believes the identified equipment qualifies for the investment tax credit pursuant to
Procedural Order No.28784 and Idaho Code §63-30291(3)(b).Staff also believes that the
expenditures identified by the Company,a telecommunications provider,were for equipment
that is “necessary for the provision of broadband services and an integral part of a broadband
network.”Thus,Staff recommends that the Commission issue an Order confirming the
equipment is qualified broadband equipment and forward the approving Order along with the 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.VZN-T-14-02 is qualified broadband equipment as defined in Idaho Code §63-30291(3)(b),
and forward it to the Idaho Tax Commission?
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Grace Seaman
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DECISION MEMORANDUM -2-JANUARY 15,2015