Loading...
HomeMy WebLinkAbout20250805Final_Order_No_36693.pdf Office of the Secretary Service Date August 5,2025 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF CUSTER TELEPHONE ) CASE NO. CUS-T-25-01 COOPERATIVE, INC.'S APPLICATION FOR ) THE 2024 BROADBAND EQUIPMENT TAX ) CREDIT ) ORDER NO. 36693 On April 2, 2025, Custer Telephone Cooperative, 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"). With this Order, we confirm that the installed equipment is "qualified broadband equipment"under Idaho Code § 63- 3029I. 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 63-3029I 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 § 63-3029I(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 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 The Company stated that it provides basic local exchange service, broadband telecommunications service, and other telecommunications services in Idaho. Application at 1. ORDER NO. 36693 1 The services offered to its customers include Asymmetric Digital Subscriber Lines, Very High- Speed Digital Subscriber Lines, Fiber to The Home, and wireless services technologies. Application at Exhibit A. 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 Voice over Long-Term Evolution wireless data. Id. The Company represented 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 Commission Staff("Staff") reviewed the Company's Application under Idaho Code § 63- 3029I and Order No. 35297. Staff Memo at 2. Based on its review, Staff believed that the listed equipment met the statutory criteria and was qualified broadband equipment that was eligible for the tax credit. Id. at 3. Staff recommended the Commission: (1) issue an order confirming that the Company's equipment is qualified broadband equipment, and (2) forward copies of the Application and the order to the Idaho State Tax Commission.Id. COMMISSION FINDINGS Having reviewed the Company's Application and Staff s recommendations, the Commission finds that the Company's equipment identified in Case No. CUS-T-25-01 is qualified broadband equipment eligible for the tax credit under Idaho Code § 63-30291. The Commission makes no findings regarding the costs of the installed broadband equipment or other expenses. ORDER IT IS HEREBY ORDERED that the Company's Application for an order confirming that equipment it installed in 2024 is qualified broadband equipment is granted. ORDER NO. 36693 2 IT IS FURTHER ORDERED that a copy of this Order and a copy of the Application be served on the Idaho State Tax Commission. THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one(21) days of the service date of this Order regarding any matter decided herein.Within seven(7)days after any person has petitioned for reconsideration,any other person may cross-petition for reconsideration. See Idaho Code §§ 61-626 and 62-619. DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 51h day of August 2025. G EDWARD LODGE, CO ISSIONER 7J :R, HAMMOND JR., COMMISSIONER DAYN HA1fDIE, COMMISSIONER ATTEST: M c B ' s chez Commission Secretary I:\Lega1\TELEC0M\CUST2501_Fina1J I.docx ORDER NO. 36693 3