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HomeMy WebLinkAbout20210323_dk3jn.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER RAPER COMMISSIONER ANDERSON COMMISSION SECRETARY LEGAL WORKING FILE FROM:DANIEL KLEIN DATE:MARCH 19,2021 RE:THE 2020 BROADBAND EQUIPMENTTAX CREDIT APPLICATION FOR FARMERS MUTUAL TELECOM,INC;CASE NO.FMU-T-21-01. 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).In particular, Section 63-3029I allows a taxpayer to receive an investmenttax 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 200,000 bits per seconds (bps)to a subscriber and at least 125,000 bps from a subscriber."Idaho Code §63-329I(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 Commission an Order confirming that the installed equipment meets the statutory definition of qualified broadband equipment.Procedural Order No.28784 and Idaho Code §63-3029I(4).Once the Commission as determined the installed equipment is eligible for the broadbandequipment tax credit,an order along with the original Application is forwarded to the Idaho Tax Commission. DECISION MEMORANDUM -l -MARCH 19,2021 THE APPLICATION On February 17,2021,the Commission received an Application from Farmers Mutual TelephoneCompany,LTD ("Farmers"or "Company"),seeking approval of the equipment for the broadband tax credit installed during calendar year 2020.In the Application,Farmers states that it installed equipment associated with Fiber to the Home (FTTH)and Terrestrial Fixed Wireless (TFW)service with transmission rates of 3 Mbps downstream and 1 Mbps upstream, which exceeds the required rates of 200,000 bits per second to a subscriber and 125,000 bits per second from a subscriber.The Company asserts that more than 4%of its Idaho subscribers have taken service from their broadband network.The Company invested approximately $20,554.15 in 2020 in qualifyingbroadband equipment that it confirms is integral to the broadband network. STAFF REVIEW AND RECOMMENDATION Staff has reviewed and audited the list of proposed broadband equipment and believes the identified equipment qualifies for the investment tax credit pursuant to Procedural Order No. 28784 and Idaho Code §63-3029I(3)(b).Staff,therefore,recommends that the Commission issue an Order confirmingthe 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 equipment identified in Case No.FMU-T-21-01 is qualified broadband equipment as defined in Idaho Code §63-3029I(3)(b)and forward it to the Idaho Tax Commission? Daniel Klein Udmemos/FMU-T-21-01 2020 Farmers Mutual Telecom Broadband Tax Credit DECISION MEMORANDUM -2 -MARCH 19,2021