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HomeMy WebLinkAbout20250722Decision Memo.pdf DECISION MEMORANDUM TO: COMMISSIONER LODGE COMMISSIONER HAMMOND COMMISSIONER HARDIE COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: JON KRUCK, COMMISSION STAFF ERIKA K. MELANSON,DEPUTY ATTORNEY GENERAL DATE: JULY 22, 2025 RE: IN THE MATTER OF FARMERS MUTUAL TELECOM, INC's APPLICATION FOR THE 2024 BROADBAND EQUIPMENT TAX CREDIT; CASE NO. FMU-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 second [("bps")] to a subscriber and at least one hundred twenty-five thousand (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 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 - JULY 22, 2025 THE APPLICATION On July 8, 2025, Farmers Mutual Telecom, Inc. ("Company") applied to the Commission seeking approval of the equipment for the broadband tax credit installed during the calendar year 2024. Application at 1. On July 14, 2025, the company filed an amended application ("Amended Application") with additional required information. On July 18, 2025 the Company filed a second amended application ("Second Amended Application") updating the calendar year the Company represented the equipment was invested in under Idaho Code § 63-3029(I)(3)(b). In the Amended Application, the Company stated that it provides broadband service directly to customers in Idaho.Amended Application at 6. The Company stated that the services are offered through Fiber and Terrestrial Fixed Wireless. Id. The Company disclosed that the lowest offering it provides broadband services to its customers is at transmission rates of 12,000,000 bps to subscribers and 1,500,000 bps from subscribers (12Mbps/1.5Mbps). Amended Application at Exhibit A. These rates exceed the minimum statutory speed requirements as set forth in Idaho Code § 63-3029(I). The Company confirmed that during 2024, it served 287 broadband customers, resulting in 8.81% out of 3,255 broadband serviceable locations in the Company's service area, all within the State of Idaho. Id. The Company reported investing $263,368.26 in qualifying broadband equipment in 2024, which resulted in a 3% broadband tax credit of$7,900.96. 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 and Idaho Code § 63-3029(I)(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. DECISION MEMORANDUM - 2 - JULY 22, 2025 COMMISSION DECISION Does the Commission wish to issue an order confirming the broadband equipment identified in Case No. FMU-T-25-01 is qualified broadband equipment as defined in Idaho Code § 63-3029(I)(3)(b), and forward the order and Application to the Idaho Tax Commission? Anything else? on Kruck Commission Staff I:\Uti1ity\UDMEM0S\FMU-T-25-01 Decision Memo.docx DECISION MEMORANDUM - 3 - JULY 22, 2025