reglab/housing_qa huggingface dataset:
NM Stat § 63-9-16 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9 - Telephone and Telegraph Companies|Section 63-9-16 - Appeal to supreme court.

A. A telephone company or other party in interest being aggrieved by a final order or determination of the commission pursuant to Sections 63-9-1 through 63-9-19 NMSA 1978 may appeal to the supreme court within thirty days. B. The appeal shall be on the record of the hearing before the commission and shall be governed by the appellate rules applicable to administrative appeals. The supreme court shall affirm the commission's order unless it is: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence in the record; or (3) otherwise not in accordance with law. History: 1978 Comp., § 63-9-16, enacted by Laws 1998, ch. 108, § 57. ANNOTATIONSEffective dates. — Laws 1998, ch. 108, § 83 made Laws 1998, ch. 108, § 57 effective January 1, 1999. Repeals and reenactments. — Laws 1998, ch. 108, § 57 repealed former 63-9-16 NMSA 1978, as enacted by Laws 1965, ch. 292, § 16, and enacted a new 63-9-16 NMSA 1978, effective January 1, 1999. Am. Jur. 2d, A.L.R. and C.J.S. references. — 74 Am. Jur. 2d Telecommunications §§ 34, 35.
NM Stat § 63-9-18 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9 - Telephone and Telegraph Companies|Section 63-9-18 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 108, § 81 repealed 63-9-17 NMSA 1978, as enacted by Laws 1965, ch. 292, § 17, relating to process and procedure in courts, effective January 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com. Laws 1995, ch. 175, § 2, repealed 63-9-18 NMSA 1978, as enacted by Laws 1965, ch. 292, § 18, relating to penalty for violations of the Telephone and Telegraph Certification Act, effective June 16, 1995. For provisions of former section, see the 1994 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 63-7-23 NMSA 1978.
NM Stat § 63-9-19 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9 - Telephone and Telegraph Companies|Section 63-9-19 - Injunctions; contempt.

The commission may apply to the district court for injunctions to prevent violations of any provision of the Telephone and Telegraph Company Certification Act or of any rule or order of the commission in connection with the issuance or nonissuance of certificates of public convenience and necessity pursuant to that act, and the court has the power to grant injunctions and to enforce injunctions by contempt procedure. History: 1953 Comp., § 69-10-19, enacted by Laws 1965, ch. 292, § 19; 1998, ch. 108, § 58. ANNOTATIONSThe 1998 amendment, effective January 1, 1999, rewrote this section.
NM Stat § 63-9A-1 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-1 - Short title.

Chapter 63, Article 9A NMSA 1978 may be cited as the "New Mexico Telecommunications Act". History: Laws 1985, ch. 242, § 1; 1998, ch. 108, § 59. ANNOTATIONSCompiler's notes. — The New Mexico Telecommunications Act, 63-9A-1 to 63-9A-20 NMSA 1978, would have been repealed by Laws 1998, ch. 108, § 82, effective July 1, 2003. However, Laws 2003, ch. 23, § 1 and Laws 2003, ch. 416, § 5 repealed Laws 1998, ch. 108, § 82 before the repeal took effect. Cross references. — For telecommunications services in correctional facility or jail, see 33-14-1 NMSA 1978. For power of public regulation commission to impose fines on telecommunications providers, see 63-7-23 NMSA 1978. The 1998 amendment, effective January 1, 1999, substituted "Chapter 63, Article 9A NMSA 1978" for "Sections 1 through 21 of this act" near the beginning of the section. New Mexico Telecommunications Act constitutes a general law. Qwest Corp. v. City of Santa Fe, 380 F.3d 1258 (10th Cir. 2004). This article applicable to high-speed data transmission services. Las Cruces TV Cable v. N.M. SCC, 1985-NMSC-087, 103 N.M. 345, 707 P.2d 1155. Law reviews. — For 1984-88 survey of New Mexico administrative law, see 19 N.M.L. Rev. 575 (1990). Am. Jur. 2d, A.L.R. and C.J.S. references. — State civil actions by subscription television business for use, or providing technical means of use, of transmissions by nonsubscribers, 46 A.L.R.4th 811. Liability of telephone company for mistakes in or omissions from its directory, 47 A.L.R.4th 882.
NM Stat § 63-9A-2 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-2 - Purpose.

The legislature declares that it remains the policy of the state of New Mexico to maintain the availability of access to telecommunications services at affordable rates. Furthermore, it is the policy of this state to have comparable telecommunications service rates, as established by the commission, for comparable markets or market areas. To the extent that it is consistent with maintaining availability of access to service at affordable rates and comparable telecommunications service rates, it is further the policy of this state to encourage competition in the provision of public telecommunications services, thereby allowing access by the public to resulting rapid advances in telecommunications technology. It is the purpose of the New Mexico Telecommunications Act to permit a regulatory framework that will allow an orderly transition from a regulated telecommunications industry to a competitive market environment. It is further the intent of the legislature that the encouragement of competition in the provision of public telecommunications services will result in greater investment in the telecommunications infrastructure in the state, improved service quality and operations and lower prices for such services. History: Laws 1985, ch. 242, § 2; 1987, ch. 21, § 1; 2000, ch. 100, § 3; 2000, ch. 102, § 3. ANNOTATIONSThe 2000 amendment, effective March 7, 2000, changed "comparable message communications" to "comparable telecommunications" in the second and third sentences, substituted "provision of public telecommunications services" for "telecommunications industry" in the third sentence, and added the last sentence in the section. Laws 2000, ch. 100, § 3 and Laws 2000, ch. 102, § 3, both effective March 7, 2000, enacted identical amendments to this section. The section was set out as amended by Laws 2000, ch. 102, § 3. See 12-1-8 NMSA 1978. This article applicable to high-speed data transmission services. Las Cruces TV Cable v. N.M. SCC, 1985-NMSC-087, 103 N.M. 345, 707 P.2d 1155. Constitutionality of commission order relating to primary orders. — Commission's order to a telephone local exchange carrier imposing a state-wide standard of zero primary orders held over 30 days did not violate substantive due process, nor amount to an illegal taking of property or violation of equal protection under the federal or state constitutions. U.S. W. Commc'ns, Inc. v. N.M. SCC, 1997-NMSC-031, 123 N.M. 554, 943 P.2d 1007. Commission order regarding cost accounting held valid. — State corporation commission's (now public regulation commission) order to a telephone local exchange carrier requiring that all costs of the carrier's service guarantee and alternative programs be booked below-the-line for rate-making purposes was supported by the evidence and was not a penalty. U.S. W. Commc'ns, Inc. v. N.M. SCC, 1997-NMSC-031, 123 N.M. 554, 943 P.2d 1007.
NM Stat § 63-9A-4 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-4 - Exemption for private service.

Construction, maintenance or operation of a private telecommunications service does not constitute the provision of public telecommunications service, and a private telecommunications service shall not be subject to regulation by the commission under the New Mexico Telecommunications Act. History: Laws 1985, ch. 242, § 4. ANNOTATIONS
NM Stat § 63-9A-5.1 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-5.1 - Repealed.

History: Laws 2004, ch. 3, § 4.; repealed by Laws 2017, ch. 71, § 8.ANNOTATIONSRepeals. — Laws 2017, ch. 71, § 8 repealed 63-9A-5.1 NMSA 1978, as enacted by Laws 2004, ch. 3, § 4, relating to mid-size carriers, separate regulation, effective June 16, 2017. For provisions of former section, see the 2016 NMSA 1978 on NMOneSource.com.
NM Stat § 63-9A-5.2 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-5.2 - Repealed.

History: Laws 2004, ch. 3, § 5; repealed by Laws 2017, ch. 71, § 8.ANNOTATIONSRepeals. — Laws 2017, ch. 71, § 8 repealed 63-9A-5.2 NMSA 1978, as enacted by Laws 2004, ch. 3, § 5, relating to transition of regulation, report to legislature, effective June 16, 2017. For provisions of former section, see the 2016 NMSA 1978 on NMOneSource.com.
NM Stat § 63-9A-6 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-6 - Certificate required.

A. No public telecommunications service shall be offered in this state except in accordance with the provisions of the New Mexico Telecommunications Act. B. No public telecommunications service shall be offered within this state without the telecommunications company first having obtained from the commission a certificate declaring that the operation is in the present or future public convenience and necessity, unless the operation is otherwise authorized by the New Mexico Telecommunications Act. C. The commission shall have full power and authority to determine matters of public convenience and necessity relating to the issuance of a certificate of public convenience and necessity to a provider of public telecommunications service; provided, however, that in keeping with the purposes of the New Mexico Telecommunications Act, the commission shall not deny an applicant a certificate on the grounds of need if it is shown that the applicant possesses adequate financial resources and technical competency to provide the service. It shall be within the discretion of the commission to determine when and upon what conditions plant, equipment or services may be provided under certificates of public convenience and necessity, by more than one person, and the commission may attach to the exercise of rights granted by the certificate such terms and conditions as, in its judgment, the public convenience and necessity may require or as otherwise authorized. D. All certificates of public convenience and necessity shall: (1) continue in force, notwithstanding the provisions of this section; and (2) remain subject to all terms and conditions imposed by statute or commission order at the time of issuance or in connection with any subsequent amendment, notwithstanding the provisions of this section. History: Laws 1985, ch. 242, § 6; 1987, ch. 21, § 3; 2001, ch. 107, § 1. ANNOTATIONSThe 2001 amendment, effective July 1, 2001, deleted former Subsections D and E, regarding the prohibition of competition for certain telecommunications companies under certain conditions, and under what conditions competition would be allowed, respectively; and renumbered the remaining subsection accordingly. Certificates required prior to service. — Telecommunications companies are required to obtain certificates of public convenience and necessity from the public regulation commission before they may offer services. Qwest Corp. v. City of Santa Fe, 380 F.3d 1258 (10th Cir. 2004).
NM Stat § 63-9A-6.1 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-6.1 - Repealed.

ANNOTATIONSRepeals. — Laws 1999, ch. 295, § 15 repealed 63-9A-6.1 NMSA 1978, as amended by Laws 1988, ch. 16, § 1, relating to the New Mexico universal service fund, effective July 1, 2000. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.
NM Stat § 63-9A-6.2 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-6.2 - Carrier of last resort.

Any telecommunications company which has a certificate of public convenience and necessity permitting it to provide message telecommunications service between or among local exchange areas shall not be allowed to terminate or withdraw from providing message telecommunications service between or among local exchange areas without an order of the commission upon a finding that there is another telecommunications company in place capable of providing service without interruption. History: Laws 1987, ch. 21, § 5. ANNOTATIONS
NM Stat § 63-9A-7 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-7 - Manner of regulation.

The granting of any certificate of public convenience and necessity to provide a public telecommunications service shall not be deemed to require the holder thereof to provide other telecommunications services under regulation which are otherwise subject to competition. History: Laws 1985, ch. 242, § 7. ANNOTATIONS
NM Stat § 63-9A-8.2 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-8.2 - Repealed.

History: Laws 2000, ch. 100, § 4 and Laws 2000, ch. 102, § 4; 2001, ch. 52, § 1; 2004, ch. 3, § 3; repealed by Laws 2017, ch. 71, § 8.ANNOTATIONSRepeals. — Laws 2017, ch. 71, § 8 repealed 63-9A-8.2 NMSA 1978, as enacted by Laws 2000, ch. 100, § 4, relating to identifying subsidies, rules, price caps, effective June 16, 2017. For provisions of former section, see the 2016 NMSA 1978 on NMOneSource.com.
NM Stat § 63-9A-8.3 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-8.3 - Telephone service; seriously ill individuals.

Basic local exchange telephone service shall not be discontinued to any residence where a seriously or chronically ill person is residing if the person responsible for the telephone service charges does not have the financial resources to pay the charges and if a licensed physician, physician assistant, osteopathic physician, osteopathic physician's assistant or certified nurse practitioner certifies that discontinuance of service might endanger that person's health or life and the certificate is delivered to a manager or officer of the provider of the local exchange service at least two days prior to the due date of a billing for telephone service. The commission shall provide by rule the procedure necessary to carry out this section. History: Laws 2000, ch. 100, § 5 and Laws 2000, ch. 102, § 5. ANNOTATIONSDuplicate laws. — Laws 2000, ch. 100, § 5 and Laws 2000, ch. 102, § 5 enacted identical new sections of law, effective March 7, 2000. Both have been compiled as 63-9A-8.3 NMSA 1978.
NM Stat § 63-9A-10 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-10 - Examination of books and records.

Nothing in the New Mexico Telecommunications Act shall preclude the commission from exercising its authority to require such accounting or reporting systems as are necessary to allow a proper allocation of investments, costs or expenses that are joint or common to both public telecommunications services and other services. History: Laws 1985, ch. 242, § 10. ANNOTATIONS
NM Stat § 63-9A-11 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-11 - Complaint alleging violation by provider of telecommunications services.

A. Complaint may be made by any interested party setting forth any act or omission by a provider of telecommunications services alleged to be in violation of any provision of the New Mexico Telecommunications Act or any order or rule of the commission issued pursuant to that act. B. Upon filing of the complaint, the commission shall set the time and place of hearing, if a hearing is required, and at least ten days' notice of the hearing shall be given to the party complained of. Service of notice of the hearing shall be made in any manner giving actual notice. C. All matters upon which complaint may be founded may be joined in one hearing and a complaint is not defective for misjoinder or nonjoinder of parties or causes, either before the commission or on review by the courts. The persons the commission allows to intervene shall be joined and heard, along with the complainant and the party complained of. D. The burden shall be on the party complaining to show a violation of a provision of the New Mexico Telecommunications Act or an order or rule of the commission issued pursuant to that act. E. After conclusion of the hearing, the commission shall make and file an order containing its findings of fact and decision. A copy of the order shall be served upon the party complained of or that party's attorney. F. Conduct of the hearings and rendering of decisions shall be governed by the rules of practice and procedure promulgated by the commission. History: Laws 1985, ch. 242, § 11; 2017, ch. 71, § 6. ANNOTATIONSThe 2017 amendment, effective June 16, 2017, clarified that a hearing on a complaint alleging a violation by a provider of telecommunications services shall be set by the public regulation commission only if a hearing is required, and made technical changes; in Subsection B, after "place of hearing,", added "if a hearing is required", and after "ten days' notice", deleted "thereof" and added "of the hearing"; in Subsection E, after "complaint of or", deleted "his" and added "that party's"; and in Subsection F, after "procedure", deleted "heretofore or hereafter".
NM Stat § 63-9A-12 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-12 - Validity of orders; substantial compliance with act sufficient.

A substantial compliance by the commission with the requirements of the New Mexico Telecommunications Act shall be sufficient to give effect to all rules, orders, acts and regulations of the commission, and they shall not be declared inoperative, illegal or void for any omission of a technical nature, in respect thereto. History: Laws 1985, ch. 242, § 12. ANNOTATIONS
NM Stat § 63-9A-13 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-13 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 108, § 81 repealed 63-9A-13 NMSA 1978, as enacted by Laws 1985, ch. 242, § 13, relating to rules, effective January 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.
NM Stat § 63-9A-14 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-14 - Appeal of orders of the commission.

Any provider of telecommunications services and any other person in interest being aggrieved by a final order or determination of the commission under the New Mexico Telecommunications Act may file a notice of appeal in the supreme court asking for a review of the commission's final orders. A notice of appeal shall be filed within thirty days after the entry of the commission's final order. Every notice of appeal shall name the commission as appellee and shall identify the order from which the appeal is taken. Any person whose rights may be directly affected by the appeal may appear and become a party, or the supreme court may upon proper notice order any person to be joined as a party. History: Laws 1985, ch. 242, § 14; 1998, ch. 108, § 62. ANNOTATIONSThe 1998 amendment, effective January 1, 1999, substituted "Appeal of orders of the commission" for "Action to set aside nonremovable" in the section heading; in the first sentence, substituted "a final" for "an", deleted "not removable to the supreme court of New Mexico under the provisions of Article II, Section 7 of the constitution of" preceding "New Mexico Telecommunications Act" and deleted "therein" preceding "final orders"; in the second sentence, after "A notice of appeal", substituted "shall" for "must"; and in the third sentence, deleted "state corporation" following "commission as appellee".
NM Stat § 63-9A-15 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-15 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 108, § 81 repealed 63-9A-15 NMSA 1978, as enacted by Laws 1985, ch. 242, § 15, relating to notice to commission, effective January 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.
NM Stat § 63-9A-16 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-16 - Appeal on the record.

A. The appeal shall be on the record made before the commission and shall be governed by the appellate rules applicable to administrative appeals. B. The supreme court shall affirm the commission's order unless it is: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence in the record; or (3) otherwise not in accordance with law. History: Laws 1985, ch. 242, § 16; 1998, ch. 108, § 63. ANNOTATIONSThe 1998 amendment, effective January 1, 1999, rewrote this section.
NM Stat § 63-9A-18 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-18 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 108, § 81 repealed 63-9A-17 and 63-9A-18 NMSA 1978, as enacted by Laws 1985, ch. 242, §§ 17 and 18, relating to burden of showing that order is unreasonable or unlawful and decision on appeal, effective January 1, 1999. For provisions of former sections, see the 1998 NMSA 1978 on NMOneSource.com.
NM Stat § 63-9A-19 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-19 - Repealed.

ANNOTATIONSRepeals. — Laws 1995, ch. 175, § 2, repealed 63-9A-19 NMSA 1978, as enacted by Laws 1985, ch. 242, § 19, relating to penalty for violations of the New Mexico Telecommunications Act, effective June 16, 1995. For provisions of former section, see the 1994 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 63-7-23 NMSA 1978.
NM Stat § 63-9A-20 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9A - Telecommunications Services|Section 63-9A-20 - Injunctions; contempt.

The commission may apply to the district court for injunctions to prevent violations of any provision of the New Mexico Telecommunications Act or of any rule or order of the commission issued pursuant to that act, and the court has the power to grant such injunctions and to enforce such injunctions by contempt procedure. History: Laws 1985, ch. 242, § 20; 1998, ch. 108, § 64. ANNOTATIONSThe 1998 amendment, effective January 1, 1999, rewrote this section.