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HomeMy WebLinkAbout20250624Decision Memo.pdf DECISION MEMORANDUM TO: COMMISSIONER LODGE COMMISSIONER HAMMOND COMMISSIONER HARDIE COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: JOHAN E. KALALA-KASANDA, COMMISSION STAFF JEFFREY R. LOLL,DEPUTY ATTORNEY GENERAL DATE: JUNE 249 2025 RE: IN THE MATTER OF CUSTER TELEPHONE COOPERATIVE INC.'s APPLICATION FOR THE 2024 BROADBAND EQUIPMENT TAX CREDIT; CASE NO. CUS-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- 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 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 § 63-30291(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 Idaho Public Utilities Commission ("Commission") an order confirming that the installed equipment meets the statutory definition of qualified broadband equipment. Commission Order No. 35297 and Idaho Code § 63-30291(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 - JUNE 24, 2025 THE APPLICATION On April 2, 2025, Custer Telephone Cooperative, Inc. ("Company") applied to the Commission seeking approval of the equipment for the broadband tax credit installed during the calendar year 2024. In the Application, the Company stated that it provides basic local exchange service, broadband telecommunications service,and other telecommunications services in Idaho. Application at 1. The services offered to its customers include Asymmetric Digital Subscriber Lines' ("ADSL"), Very High-Speed Digital Subscriber Lines ("VDSL"), Fiber to The Home, and wireless services technologies. The Company described its network as fiber optic-fed DLCs with 12K non-loaded copper distribution cable, a fiber optic backbone,transport electronics, fiber to the home distribution and electronics, and VoLTE wireless data 3. Application at Exhibit A. The Company disclosed that it provides broadband services to its customers at the following transmission rates: (i)the lowest subscribed rate is 512 Kilobits per second("Kbps") to a subscriber and 128 Kbps from a subscriber; (ii) the lowest advertised rate is 50 megabits per second symmetrical; and (iii) the highest advertised rate is 1 gigabit per second symmetrical. Id. The Company confirmed that during 2024, it served 1,659 customers out of 2,198 potential customers, representing 75%. Id. The Company reported investing $911,532.80 in qualifying broadband equipment in 2024, resulting in a 3% broadband tax credit of$27,345.98. Id. The Company attests that all items listed in Exhibit A are necessary for providing broadband services and are integral to the operation of the broadband network. Id. STAFF REVIEW AND RECOMMENDATION Staff reviewed the list of proposed broadband equipment and believes the identified equipment qualifies for the investment tax credit pursuant to Commission Order No. 35297 1 ADSL is a type of Digital Subscriber Line("DSL")technology,a data communications technology that enables faster data transmission over copper telephone lines than a conventional voiceband modem can provide.ADSL differs from the less common Symmetric Digital Subscriber Line("SDSL").In ADSL,bandwidth and bit rate are said to be asymmetric,meaning greater toward the customer premises(downstream)than the reverse(upstream). z A VDSL is a DSL technologies that provides data transmission faster than the earlier standards of asymmetric digital subscriber line. s Voice over LTE,or VoLTE,is a digital packet technology that uses 4G LTE networks to route voice traffic and transmit data. This voice service is the standard for high-speed wireless communications in devices such as smartphones,data terminals,IoT devices and wearables. DECISION MEMORANDUM - 2 - JUNE 24, 2025 and Idaho Code § 63-3029I(3)(b). Staff recommends that the Commission issue an order confirming that the equipment is qualified broadband equipment and forward the approving order, along with a copy of the original Application, to the Idaho Tax Commission. COMMISSION DECISION Does the Commission wish to issue an order confirming the broadband equipment identified in Case No. CUS-T-25-01 is qualified broadband equipment as defined in Idaho Code § 63-30291(3)(b), and forward the order and Application to the Idaho Tax Commission? Anything else? Man E. Kalala-Kasanda Commission Staff I:\Uti1ity\UDMEM0S\CUS-T-25-01 Decision Memo.docx DECISION MEMORANDUM - 3 - JUNE 24, 2025