reglab/housing_qa huggingface dataset:
NM Stat § 63-5-3 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 5 - Foreclosure of Mortgage on Railroad Property|Section 63-5-3 - [Rights of new corporation.]

Such corporation shall be vested with and be entitled to possess, exercise and enjoy any and all rights, franchises and powers which are given or may hereafter be given to any railroad company organized under the general laws of this state, and that such new corporation, when organized to purchase, acquire or take the property of any railroad company sold as aforesaid, may lease or purchase the railroad and other property and franchises of any railroad company organized under the laws of the United States or any state or territory thereof, and thereafter operate and maintain the same, or may lease or sell its railroad and other property to any railroad company organized under the laws of any state or territory subject to the restrictions and limitations imposed by law upon railroad corporations in this state. History: Laws 1897, ch. 19, § 3; C.L. 1897, § 3924; Code 1915, § 4722; C.S. 1929, § 116-503; 1941 Comp., § 74-503; 1953 Comp., § 69-5-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 74 C.J.S. Railroads § 342.
NM Stat § 63-5-4 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 5 - Foreclosure of Mortgage on Railroad Property|Section 63-5-4 - [Sale of foreclosed railroad.]

The purchasers at any such sale as aforesaid, may, if they choose, sell, transfer or assign all the railroads, lands, properties, rights, franchises and powers so purchased or acquired by them or belonging to the corporation whose property or a part of whose property was so purchased, to a corporation of any state or territory which may be authorized by the laws of such state or territory, or by its charter, to purchase or acquire such or similar property, and upon such sale, transfer or assignment being made, such corporation to whom the same shall be made shall become vested with all of said property, together with all the rights, franchises and powers thereto belonging or in anywise appertaining or [sic] to the corporation whose property or a part thereof was sold, subject to the restrictions and limitations imposed by law upon railroad corporations in this state, but shall not be deemed or held liable in any manner for the debts, obligations or liabilities, or any of them, of the corporation whose property or a part thereof may have been sold, except state and county taxes. History: Laws 1897, ch. 19, § 4; C.L. 1897, § 3925; Code 1915, § 4723; C.S. 1929, § 116-504; 1941 Comp., § 74-504; 1953 Comp., § 69-5-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 63-6-1 to 63-6-7 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 6 - Dissolution of Railroad Companies (Repealed.)|Section 63-6-1 to 63-6-7 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 108, § 81 repealed 63-6-1 to 63-6-7 NMSA 1978, as enacted by Laws 1878, ch. 1, tit. 9, §§ 4-10, relating to voluntary dissolution and venue, effective January 1, 1999. For provisions of former sections, see the 1998 NMSA 1978 on NMOneSource.com.
NM Stat § 63-7-2 to 63-7-9 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 7 - Public Regulation Commission; Complaints, Hearings and Reports|Section 63-7-2 to 63-7-9 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 108, § 81 repealed 63-7-2 through 63-7-9 NMSA 1978, as enacted by Laws 1912, ch. 78, §§ 2-8 and by Laws 1925, ch. 19, § 1, relating to complaints and hearings by the corporation commission, effective January 1, 1999. For provisions of former sections, see the 1998 NMSA 1978 on NMOneSource.com.
NM Stat § 63-7-10 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 7 - Public Regulation Commission; Complaints, Hearings and Reports|Section 63-7-10 - [Inspection of books and records.]

The commission or any commissioner or person authorized by the commission in writing, under its seal to make such examination, shall have the right at all times to inspect the books, papers and records of all such companies and common carriers doing business in this state relating to any matter pending before, or being investigated by, the commission. Any officer, agent or employe [employee] of any such company or corporation, or any person, in charge of such books, papers and records, who shall refuse to permit such examination, or who shall conceal, destroy or mutilate, or attempt to conceal, destroy or mutilate any such books, papers or records, or remove the same beyond the limits of the state for the purpose of preventing such examination shall be deemed guilty of a misdemeanor and upon conviction thereof may be fined not to exceed five hundred dollars [($500)] or imprisoned in the county jail not more than six months. History: Laws 1912, ch. 78, § 9; Code 1915, § 5381; C.S. 1929, § 134-1114; 1941 Comp., § 74-710; 1953 Comp., § 69-7-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For inspections by commission, see N.M. Const., art. XI, § 11.
NM Stat § 63-7-11 to 63-7-19 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 7 - Public Regulation Commission; Complaints, Hearings and Reports|Section 63-7-11 to 63-7-19 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 108, § 81 repealed 63-7-11 through 63-7-19 NMSA 1978, as enacted by Laws 1912, ch. 78, §§ 10-18, relating to corporation commission hearings, records, removal, amendments and tariffs, effective January 1, 1999. For provisions of former sections, see the 1997 NMSA 1978 on NMOneSource.com.
NM Stat § 63-7-21 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 7 - Public Regulation Commission; Complaints, Hearings and Reports|Section 63-7-21 - [Disposition of fees.]

All moneys collected under the provisions of Chapter 194, Laws of 1951 [63-7-20 to 63-7-22 NMSA 1978], shall be deposited with the state treasurer and by him credited to the general fund. History: 1941 Comp., § 74-723, enacted by Laws 1951, ch. 194, § 2; 1953 Comp., § 69-7-23; Laws 1957, ch. 10, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Collection of fees should be based strictly upon intrastate business, receipts not derived in whole or in part from interstate business. 1952 Op. Att'y Gen. No. 52-5533.
NM Stat § 63-7-22 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 7 - Public Regulation Commission; Complaints, Hearings and Reports|Section 63-7-22 - [Exemptions from act.]

The provisions of this act [63-7-20 to 63-7-22 NMSA 1978] shall not apply to pipelines which are used for the transportation of oil, natural gas or the products thereof; neither shall the provisions of this act apply to common or contract motor carriers or aircraft carriers transporting passengers or property for hire. History: 1941 Comp., § 74-724, enacted by Laws 1951, ch. 194, § 3; 1953 Comp., § 69-7-24. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 63-8-1 to 63-8-7 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 8 - Health and Safety of Railroad Employees (Repealed.)|Section 63-8-1 to 63-8-7 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 108, § 81 repealed 63-8-1 through 63-8-7 NMSA 1978, as enacted by Laws 1955, ch. 43, §§ 1-7, relating to health and safety of railroad employees, effective January 1, 1999. For provisions of former sections, see the 1998 NMSA on NMOneSource.com.
NM Stat § 63-9-1 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9 - Telephone and Telegraph Companies|Section 63-9-1 - Short title.

Chapter 63, Article 9 NMSA 1978 may be cited as the "Telephone and Telegraph Company Certification Act". History: 1953 Comp., § 69-10-1, enacted by Laws 1965, ch. 292, § 1; 1998, ch. 108, § 53. ANNOTATIONSCompiler's notes. — The Telephone and Telegraph Company Certification Act, 63-9-1 to 63-9-19 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 power of public regulation commission to impose fines on telecommunications providers, see 63-7-23 NMSA 1978. For regulation of telecommunications other than mobile telephone and radio paging services, see 63-9A-1 NMSA 1978 et seq. For interception of communications under court order, see 30-12-2 NMSA 1978. For excavation damage to pipelines and underground utility lines, see 62-14-1 NMSA 1978. The 1998 amendment, effective January 1, 1999, substituted "Chapter 63, Article 9 NMSA 1978" for "This act" at the beginning of the section. Applicability of article. — This article applies only to mobile telephone and radio paging services and no longer applies to intrastate data transmission services. Las Cruces TV Cable v. N.M SCC, 1985-NMSC-087, 103 N.M. 345, 707 P.2d 1155. Corporation commission (now public regulation commission) has no exclusive jurisdiction in dispute involving telephone. — Neither N.M. Const., art. XI, § 7 (now repealed) nor the Telephone and Telegraph Company Certification Act grants the state corporation commission (now public regulation commission) general power and exclusive jurisdiction over every dispute concerning telephone services. First Cent. Serv. Corp. v. Mountain Bell Tel., 1981-NMCA-012, 95 N.M. 509, 623 P.2d 1023. Law reviews. — For annual survey of New Mexico law relating to administrative law, see 12 N.M.L. Rev. 1 (1982). Am. Jur. 2d, A.L.R. and C.J.S. references. — State regulation of radio paging services, 44 A.L.R.4th 216. Liability of telephone company for mistakes in or omissions from its directory, 47 A.L.R.4th 882.
NM Stat § 63-9-2 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9 - Telephone and Telegraph Companies|Section 63-9-2 - Definitions.

As used in the Telephone and Telegraph Company Certification Act: A. "commission" means the public regulation commission; B. "telephone company" means a company, corporation, partnership, individual or others, not engaged solely in interstate business, furnishing mobile telephone service or radio paging; C. "public utility telephone service" means making and offering mobile telephone or radio paging service to or for the public generally and being ready, willing and able to furnish such service with adequate equipment; and D. "certificated area" means the geographical area that a telephone company is authorized to serve by a certificate of public convenience and necessity and that is defined on the map as part of the certificate. History: 1953 Comp., § 69-10-2, enacted by Laws 1965, ch. 292, § 2; 1975, ch. 59, § 1; 1985, ch. 242, § 22; 1998, ch. 108, § 54. ANNOTATIONSThe 1998 amendment, effective January 1, 1999, substituted "public regulation" for "state corporation" near the end of Subsection A; and substituted "that" for "which" in two places in Subsection D.
NM Stat § 63-9-3 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9 - Telephone and Telegraph Companies|Section 63-9-3 - Certificate required for operation.

No telephone company shall hereafter begin the construction or operation of any telephone plant or system or of any extension thereof, for the purpose of furnishing public utility telephone service, without first obtaining from the commission a certificate that public convenience and necessity requires or will require such construction or operation of the plant or system; provided, that this section shall not apply to: A. construction of plant or system within a certificated area which such telephone company already lawfully serves, where such construction is necessary in the ordinary course of business; B. extension of plant or system to area contiguous to the certificated area of such telephone company, if such contiguous areas are not certificated and are not receiving public utility telephone service from another telephone company; provided that the commission shall be notified, in such manner as it may prescribe by rule, of any such extension into contiguous area; and C. such construction or extension occurring when a proper application is being made pursuant to Section 4 [63-9-4 NMSA 1978] of this act. History: 1953 Comp., § 69-10-3, enacted by Laws 1965, ch. 292, § 3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 74 Am. Jur. 2d Telecommunications § 2. Meaning of term "radius" employed in telephone company's rule as descriptive of area, location or distance, 10 A.L.R.2d 605. 86 C.J.S. Telecommunications §§ 21, 22.
NM Stat § 63-9-4 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9 - Telephone and Telegraph Companies|Section 63-9-4 - Certificate for operations.

A telephone company furnishing public telephone or telegraph service, including any telephone cooperative operating in the state, shall file with the commission an application for a certificate of public convenience and necessity. The commission shall grant a certificate only to the extent of territory served and shall define such area on a map. Operations for which no application has been made are unlawful. History: 1953 Comp., § 69-10-4, enacted by Laws 1965, ch. 292, § 4; 1998, ch. 108, § 55. ANNOTATIONSThe 1998 amendment, effective January 1, 1999, rewrote this section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 86 C.J.S. Telecommunications §§ 21, 22.
NM Stat § 63-9-5 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9 - Telephone and Telegraph Companies|Section 63-9-5 - Application for certificate.

A. If the applicant for a certificate of convenience and necessity is a corporation, a certified copy of its articles of incorporation shall be filed in the office of the commission before any certificate may issue. B. The commission, upon the filing of an application, shall fix a time and place for hearing thereon, which shall be no sooner than ten days after the filing. The commission shall cause notice of the hearing to be served at least ten days before the hearing on all known interested parties. The commission may allow any interested party to intervene at the hearing. C. The commission shall prescribe forms for use by applicants and make regulations relating to the manner of filing and filing fees. History: 1953 Comp., § 69-10-5, enacted by Laws 1965, ch. 292, § 5. ANNOTATIONS
NM Stat § 63-9-6 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9 - Telephone and Telegraph Companies|Section 63-9-6 - Issuance of certificate; territory on map.

A. After conclusion of a hearing on an application for a certificate of convenience and necessity the commission shall make and file an order containing its findings of fact and decision. The order shall become operative twenty days after issuance, except as the commission may otherwise provide. B. The commission shall grant all certificates as required by Section 4 [63-9-4 NMSA 1978] of this act. C. As to all applications other than those based upon Section 4 of this act, the commission has the power, after having determined public convenience and necessity, to grant a certificate as applied for, or to refuse to grant it, or to grant it for the construction or operation of only a portion of the contemplated plant or system or extension thereof, or for the partial exercise only of the rights and privilege sought, and may attach to the exercise of the rights and privilege granted by a certificate such terms and conditions as in its judgment the public convenience and necessity may require. D. The geographical field or area that a telephone company is authorized and required to serve by a certificate shall be defined on a map which will be part of the certificate. The commission shall prescribe the form of the map to be used. History: 1953 Comp., § 69-10-6, enacted by Laws 1965, ch. 292, § 6. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 86 C.J.S. Telecommunications §§ 21, 22.
NM Stat § 63-9-7 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9 - Telephone and Telegraph Companies|Section 63-9-7 - Duty to exercise authority; discontinuance.

A. Unless exercised within a period designated by the commission, exclusive of any delay due to the order of any court, authority conferred by a certificate of convenience and necessity issued by the commission shall be void. The beginning of the construction of a plant or system, in good faith, within the time prescribed by the commission and the prosecution of the same with reasonable diligence in proportion to the magnitude of the undertaking, shall constitute an exercise of the authority. B. The holder of a certificate shall render continuous and adequate service to the public and shall not discontinue, reduce or impair service to a certificated area, or part of a certificated area, except ordinary discontinuance of service for nonpayment of charges, nonuse and similar reasons in the usual course of business, unless and until there shall first have been obtained from the commission a certificate that neither the present nor future public convenience and necessity will be adversely affected thereby; except that the commission may, upon appropriate request being made, authorize temporary or emergency discontinuance, reduction or impairment of service, without regard to the provisions of this section; provided, however, that nothing in this section shall be construed as requiring a certificate from the commission for any installation, replacement or other changes in plant, operation or equipment which will not impair the adequacy or quality of service provided. History: 1953 Comp., § 69-10-7, enacted by Laws 1965, ch. 292, § 7. ANNOTATIONSLimitation on scope of section. — This section cannot be read so as to limit N.M. Const., art. XI, § 7 (now repealed); and it cannot be read to require the telephone company to provide service anywhere, anytime, to anybody, and under all circumstances. Coachlight Las Cruces, Ltd. v. Mountain Bell Tel. Co., 1983-NMCA-040, 99 N.M. 796, 664 P.2d 994, cert. denied, 99 N.M. 787, 664 P.2d 985. Discontinuation of service for nonpayment. — It is public policy that Mountain Bell can discontinue service for nonpayment of the charges incurred by a customer. First Cent. Serv. Corp. v. Mountain Bell Tel., 1981-NMCA-012, 95 N.M. 509, 623 P.2d 1023. Telephone utility has right to establish reasonable rules and regulations for furnishing service to patrons and for the conduct of its business; ordinarily regulations so made will be presumed to be reasonable and necessary, unless the contrary is shown. First Cent. Serv. Corp. v. Mountain Bell Tel., 1981-NMCA-012, 95 N.M. 509, 623 P.2d 1023. Subscriber for telephone service has no property right in telephone number. First Cent. Serv. Corp. v. Mountain Bell Tel., 1981-NMCA-012, 95 N.M. 509, 623 P.2d 1023. It is law that tariff required to be filed is not contract. First Cent. Serv. Corp. v. Mountain Bell Tel., 1981-NMCA-012, 95 N.M. 509, 623 P.2d 1023. Am. Jur. 2d, A.L.R. and C.J.S. references. — 86 C.J.S. Telecommunications §§ 17, 21, 22, 68, 70, 71.
NM Stat § 63-9-8 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9 - Telephone and Telegraph Companies|Section 63-9-8 - Assignability.

Any certificate of public convenience and necessity, or rights obtained under any such certificate held, owned or obtained by any telephone company, may be sold, assigned or leased as other property, only after determination by the commission that the purchaser, assignee or lessee is capable of rendering adequate public utility telephone service. History: 1953 Comp., § 69-10-8, enacted by Laws 1965, ch. 292, § 8. ANNOTATIONS
NM Stat § 63-9-10 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9 - Telephone and Telegraph Companies|Section 63-9-10 - Conflict in noncertificated contiguous areas.

If any telephone company in constructing or extending its plant or system in a noncertificated area contiguous to its certificated area shall interfere with the plant or system constructed or extended by another telephone company in such noncertificated area contiguous also to that company's certificated area, the commission, on its own motion, or on complaint of the telephone company injured, may, after a hearing on reasonable notice, make an order prohibiting the construction or extension, or prescribing conditions and location of such construction or extension, or granting a certificate or certificates of public convenience and necessity assigning specific portions of such noncertificated area to one or each of the telephone companies, all after having given due regard to the rights of the respective parties and to the public convenience and necessity. History: 1953 Comp., § 69-10-10, enacted by Laws 1965, ch. 292, § 10. ANNOTATIONS
NM Stat § 63-9-11 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9 - Telephone and Telegraph Companies|Section 63-9-11 - Complaint alleging violation by telephone company.

A. Complaint may be made by any interested party setting forth any act or omission by a telephone company alleged to be in violation of any provision of this act [63-9-1 to 63-9-19 NMSA 1978] or any order or rule of the commission relating to the issuance or nonissuance of a certificate of public convenience and necessity. B. Upon filing of the complaint the commission shall set the time and place of hearing and at least ten days' notice thereof 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. 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 his attorney. E. Conduct of the hearings and rendering of decisions shall be governed by the rules of practice and procedure heretofore or hereafter promulgated by the commission. History: 1953 Comp., § 69-10-11, enacted by Laws 1965, ch. 292, § 11. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 261 et seq. 73A C.J.S. Public Administrative Law and Procedure §§ 118, 121, 122, 134 to 139, 143 to 147, 152.
NM Stat § 63-9-12 to 63-9-14 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9 - Telephone and Telegraph Companies|Section 63-9-12 to 63-9-14 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 108, § 81 repealed 63-9-12 to 63-9-14 NMSA 1978, as enacted by Laws 1965, ch. 292, § 14, relating to rules, actions to set aside rules, actions to set aside nonremovable orders of the commission, and time limit for seeking recourse in the courts, effective January 1, 1999. For provisions of former sections, see the 1998 NMSA 1978 on NMOneSource.com.
NM Stat § 63-9-15 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9 - Telephone and Telegraph Companies|Section 63-9-15 - Validity of orders; substantial compliance with act sufficient.

A substantial compliance by the commission with the requirements of this act [63-9-1 to 63-9-19 NMSA 1978] 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: 1953 Comp., § 69-10-15, enacted by Laws 1965, ch. 292, § 15. ANNOTATIONS