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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: DUNE 249 2025 RE: IN THE MATTER OF CUSTER TELEPHONE BROADBAND SERVICES LLC's APPLICATION FOR THE 2024 BROADBAND EQUIPMENT TAX CREDIT; CASE NO. CTB-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 § 63-3029I(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 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 02, 2025, Custer Telephone Broadband Services LLC ("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 represented that it is a provider of basic local exchange services, broadband telecommunications services, and other telecommunications services in Idaho. Application at 1. The broadband services it offers to its customers are associated with a cable modem' high-speed internet, fixed wireless, and Fiber-to-the-Home2 technologies. The Company described its network as a fiber optic-fed cable system that provides cable modem service, fiber optic transport electronics, fiber optic backbone, distribution cable, and a fixed wireless network. Application at Exhibit A. The Company confirmed that it offers broadband services to its customers at the following transmission rates: (i) the lowest subscribed rate is 1.5 Megabits per second ("Mbps") to a subscriber and 512 Kilobits per second from a subscriber; (ii) The lowest advertised rate is 50 Mbps to a subscriber and 50 Mbps from a subscriber; and(iii)The highest advertised rate is 1 gigabit symmetrical. These rates exceed the minimum statutory speed requirements under Idaho Code § 63-3029I. The Company confirmed that during 2024, it provided broadband services to 2,011 customers out of an estimated 4,117 potential customers in Salmon, Idaho, representing 48%. Id. The Company reported that it invested $5,978,746 in 2024 in qualifying broadband equipment, which equates to a 3% broadband tax credit totaling $179,362. The Company asserted that all the purchased equipment listed is necessary for the provisioning of broadband service and is an integral part of its broadband network. Id. 1 A cable modem is a type of network bridge that provides bi-directional data communication via radio frequency channels on a hybrid fiber coaxial(HFC),radio frequency over glass(RFoG)and coaxial cable infrastructure. Cable modems are primarily used to deliver broadband Internet access in the form of cable Internet,taking advantage of the high bandwidth of a HFC and RFoG network. 2 FTTH,also called fiber to the premises,is the installation and use of optical fiber from a central point to individual buildings to provide high-speed internet access. FTTH dramatically increases connection speeds available to computer users compared to other technologies. DECISION MEMORANDUM - 2 - JUNE 24, 2025 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 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. CTB-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? Anything else? hjKan E. Kalala-Kasanda Commission Staff I:\Uti1ity\UDMEM0S\CTB-T-25-01 Decision Memo.docx DECISION MEMORANDUM - 3 - JUNE 24, 2025