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HomeMy WebLinkAbout20250805Decision Memo.pdf DECISION MEMORANDUM TO: COMMISSIONER LODGE COMMISSIONER HAMMOND COMMISSIONER HARDIE COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: JON KRUCK, COMMISSION STAFF MEMBER JEFF LOLL,DEPUTY ATTORNEY GENERAL DATE: AUGUST 5, 2025 RE: IN THE MATTER OF CABLE ONE, INC's APPLICATION FOR THE 2024 BROADBAND EQUIPMENT TAX CREDIT; CASE NO. GNR-T-25-06. On June 12, 2025, Cable One, Inc. ("Company") applied to the Idaho Public Utilities Commission ("Commission") for an order confirming that equipment the Company installed during 2024 is "qualified broadband equipment"under Idaho Code § 63-3029I(Income tax credit for investment in broadband equipment) ("Application"). Upon Commission Staff s ("Staff') initial review of the Application, Staff determined a necessary column was not included in the data tables provided by the Company. After discussions with Staff, the Company made corrections to the tables and filed an amended application on June 18, 2025 ("Amended Application"). THE BROADBAND EQUIPMENT TAX CREDIT In 2001,the Idaho Legislature enacted House Bill 377 authorizing an income tax credit for the installation of qualifying broadband infrastructure in Idaho. Idaho Code § 63-3029B. Section 63-30291 allows a taxpayer to receive an income tax credit for eligible broadband equipment installed during a calendar year. Qualified broadband equipment is defined as those network facilities "capable of transmitting signals at a rate of at least two hundred thousand(200,000)bits per second 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 § 63-3029I(3)(b)(i). DECISION MEMORANDUM - 1 - AUGUST 5, 2025 To be eligible for the income tax credit, the taxpayer must obtain an order from the Commission confirming that the installed equipment meets the statutory definition of qualified broadband equipment. Commission Order No. 35297; Idaho Code § 63-3029I(4). Once the Commission has determined the installed equipment is eligible for the income tax credit, the Commission will issue an order granting the application, and the Commission will forward the order and application to the Idaho Tax Commission. THE APPLICATION In the Amended Application, the Company stated that it provides broadband service directly to customers in Idaho. Amended Application at 2. According to the Company, the broadband services it offers include that through a High-Speed Data Kit and Fiber to the Premises. Id. The Company represented that the lowest broadband network data transmission rate it offers to customers is 100,000,000 bits per second and the highest is 940,000,000 bits per second. Id. These rates exceed the minimum statutory speed requirements set forth in Idaho Code § 63-30291. The Company adds that during 2024, it served 242,373 customers in Idaho, with an estimated 98.2% of these customers accessing the Company's broadband network. Id. The Company indicates that the equipment identified in its Broadband Equipment List, attached to the Amended Application as Exhibit B, was necessary to the provision of broadband services and an integral part of a broadband network. Id. The Company reports investing$47,916,273 in qualifying broadband equipment in 2024,which resulted in a 3% broadband tax credit of$1,437,488.19. 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 § 63-30291(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 - AUGUST 5, 2025 COMMISSION DECISION Does the Commission wish to issue an order confirming the broadband equipment identified in Case No. GNR-T-25-06 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? Jo Kruck Commission Staff I:\Uti1ity\UDMEM0S\GNR-T-25-06 Decision Memo.docx DECISION MEMORANDUM - 3 - AUGUST 5, 2025