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HomeMy WebLinkAbout20250325Decision Memo.pdf DECISION MEMORANDUM TO: COMMISSIONER LODGE COMMISSIONER HAMMOND COMMISSIONER HARDIE COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: JOHAN E. KALALA-KASANDA, COMMISSION STAFF CHRIS BURDIN,DEPUTY ATTORNEY GENERAL DATE: MARCH 25, 2025 RE: IN THE MATTER OF ALBION TELEPHONE COMPANY'S APPLICATION FOR THE 2024 BROADBAND EQUIPMENT TAX CREDIT; CASE NO.ALB-T-25-01. BACKGROUND In 2001, House Bill 377 was enacted, authorizing income tax credit for the installation of qualifying broadband infrastructure in Idaho. Idaho Code§ 63-3029B(3)(a)(ii). Idaho Code § 63- 3029I allows a taxpayer to receive an investment tax credit for eligible broadband equipment installed during a calendar year. Qualified broadband equipment is defined as equipment "capable of transmitting signals at a rate of at least two hundred thousand (200,000) bits per seconds to a subscriber and at least one hundred twenty-five thousand (125,000) bits per second from a subscriber." Idaho Code § 63-3029I(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 § 63-3029I(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. Commission Order No. 35297 and Idaho Code § 63-3029I(4). Once the Commission has determined that 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. DECISION MEMORANDUM - 1 - MARCH 25, 2025 THE APPLICATION On January 22, 2025, the Commission received an Application from Albion Telephone Company ("Company") seeking approval of the equipment for the broadband tax credit installed during the calendar year 2024. In the Application, the Company represented that the broadband services it offers to its customers are associated with Digital Subscriber Line, wireless, and fiber-to-the-home technologies. This is carried out using Fujitsu, Adva, Juniper, and Brocade in the Company's backbone network and several brands of digital loop carriers, including Adtran and Calix. The Company asserted that, in 2024, as part of upgrading its network infrastructure, it added 1.2 miles of copper and duct and 97.14 miles of fiber cable and duct. The Company confirmed that it offers broadband services to its customers at transmission rates that range from 25 megabits per second to 10 gigabits per second for both upstream and downstream transmissions. The Company stated that, during 2024, it added 57 new internet customers, bringing the total number of its customer base to 3,917, and 99% of its Idaho subscribers have access to its broadband network. The Company represents that it invested $2,006,608.58 in 2024 in qualifying broadband equipment that it confirmed is integral to its broadband network, which equates to a 3%broadband tax credit of$60,198.26. STAFF REVIEW AND RECOMMENDATION Staff has reviewed the list of proposed broadband equipment and believes the identified equipment qualifies for the investment tax credit pursuant to Commission Order No. 35297 and Idaho Code § 63-30291(3)(b). Staff recommends the Commission issue an order confirming the equipment is qualified broadband equipment and forward the approving order along with a copy of the original Application to the Idaho Tax Commission. DECISION MEMORANDUM - 2 - MARCH 25, 2025 COMMISSION DECISION Does the Commission wish to issue an order confirming the broadband equipment identified in Case No. ALB-T-25-01 is qualified broadband equipment as defined in Idaho Code § 63-3029I(3)(b), and forward the order and Application to the Idaho Tax Commission? Jo an E. Kalala-Kasanda Commission Staff I:\Uti1ity\UDMEM0S\ALB-T-25-01 Decision Memo.docx DECISION MEMORANDUM - 3 - MARCH 25, 2025