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HomeMy WebLinkAbout20241015Final_Order_No_36353.pdf Office of the Secretary Service Date October 15,2024 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF CABLE ONE,INC.'S ) CASE NO. GNR-T-24-04 APPLICATION FOR APPROVAL OF THE ) IDAHO BROADBAND EQUIPMENT TAX ) CREDIT FOR THE TAX YEAR 2023 ) ORDER NO. 36353 On June 6, 2024, Cable One, Inc. ("Company") applied to the Idaho Public Utilities Commission ("Commission") for an order confirming that equipment it installed in 2023 is "qualified broadband equipment"under Idaho Code § 63-3029I(Income tax credit for investment in broadband equipment). The Company represented that it invested $44,997,092 in qualifying broadband equipment in 2023. This investment would result in a tax credit of$1,349,913. On July 11, 2024, and August 16, 2024, after responding to some production requests from Staff,the Company filed revised asset lists to comply with Order No. 35297.With this Order, we confirm that the installed equipment is "qualified broadband equipment"under Idaho Code § 63-3029I. THE BROADBAND EQUIPMENT TAX CREDIT Idaho Code § 63-3029I 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 § 63-3029I(4). The 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 bps] to a subscriber and at least [125,000 bps] from a subscriber." Idaho Code§ 63-3029I(3)(b));and(2)is primarily used to provide services in Idaho to public subscribers. See Idaho Code § 63-3029I(3)(b)(vii). 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 § 63-3029I(3)(b)(i). In furtherance of its statutory responsibility,the Commission issued Order No. 28784.1 That Order specified the information the taxpayer must include in the broadband tax credit 1 The Commission issued Order No.28784 pursuant to Idaho Code§ 63-3029I(4),which empowers the Commission to"issue procedural orders necessary to implement"Idaho Code§ 63-3029(4). ORDER NO. 36353 1 application. In 2022, in Case No. GNR-T-21-10, Order No. 35297, the Commission modified the informational requirements set forth by Order No. 28784. When the taxpayer files the Application, the Commission Staff("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 § 63-3029I. Based on its review, Staff believed 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 identified in Case No. GNR-T-24-04 is "qualified broadband equipment"eligible for the tax credit under Idaho Code § 63-3029I. 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 2023 is "qualified broadband equipment," is granted. IT IS FURTHER ORDERED that a copy of this Order and a copy of the Application and revised asset lists 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 after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 62-619. ORDER NO. 36353 2 DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 151h day of October 2024. ERIC AND SON, PRESIDENT f, ?HN R. HAMMOND, JR., COMMISSIONER Gz 0 EDWARD LODGE, CO ISSIONER ATTEST: VoVc&Ba io Commission Secreta I:\Legal\TELECOM\GNRT2404\GNRT2404_final_at.doe ORDER NO. 36353 3