reglab/housing_qa huggingface dataset:
NM Stat § 63-9E-2 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9E - Private Pay Telephone Services|Section 63-9E-2 - Repealed.

ANNOTATIONSRepeals. — Laws 1995, ch. 175, § 2, repealed 63-9E-2 NMSA 1978, as enacted by Laws 1989, ch. 229, § 2, relating to penalties for violation of state corporation commission regulations governing the use of private pay telephones, 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 § 63-9E-3 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9E - Private Pay Telephone Services|Section 63-9E-3 - [Calls to operator at no charge.]

The caller using a pay phone shall be allowed to reach the operator at no charge. History: Laws 1989, ch. 229, § 3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For power of public regulation commission to impose fines on telecommunications providers, see 63-7-23 NMSA 1978.
NM Stat § 63-9F-1 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9F - Telecommunications Access Act|Section 63-9F-1 - Short title.

Chapter 63, Article 9F NMSA 1978 may be cited as the "Telecommunications Access Act". History: Laws 1993, ch. 54, § 1; 2004, ch. 106, § 1. ANNOTATIONSThe 2004 amendment, effective July 1, 2005, changed "This act" to "Chapter 63, Article 9F NMSA 1978". Compiler's notes. — Laws 2004, ch. 106, § 9, effective July 1, 2005, provided that all records, equipment, supplies and other property of the general services department relating to the department's duties pursuant to the Telecommunications Access Act shall be transferred to the commission for deaf and hard-of-hearing persons; and all contracts of the general services department relating to the department's duties pursuant to the Telecommunications Access Act shall be binding on the commission for deaf and hard-of-hearing persons.
NM Stat § 63-9F-2 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9F - Telecommunications Access Act|Section 63-9F-2 - Findings and purpose.

A. The legislature finds that: (1) it supports those provisions of the federal Americans with Disabilities Act of 1990 that address the need to provide telecommunications access to all citizens; (2) many New Mexicans are hearing or speech impaired and because of their impairment are unable to use traditional telecommunications equipment and services without assistance; and (3) the state's hearing or speech impaired citizens are a substantial and valuable resource and their participation as contributing and productive members of our society would be enhanced substantially if full access to telecommunications service were made available to them. B. It is the purpose of the Telecommunications Access Act to provide a statutory framework and funding under which the opportunity for full access to telecommunications services is made available to hearing or speech impaired New Mexicans. History: Laws 1993, ch. 54, § 2. ANNOTATIONSCross references. — For the federal Americans with Disabilities Act of 1990, see Titles 29, 42, and 47 of the United States Code.
NM Stat § 63-9F-4 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9F - Telecommunications Access Act|Section 63-9F-4 - Specialized telecommunications equipment program established.

The commission shall design, establish and administer a program for providing specialized telecommunications equipment to impaired individuals. The commission shall adopt regulations for the program that: A. shall include eligibility requirements for participation in the program, which requirements: (1) shall provide financial eligibility conditions; and (2) shall include provisions for determining eligibility thresholds based on: (a) the quality and severity of the individual's impairment; (b) the availability of current telecommunications services at the individual's place of residence; (c) New Mexico residency; and (d) minimum age; B. establish detailed procedures and forms to be used by impaired individuals wishing to apply for participation in the program; C. establish minimum training requirements for all applicants receiving telecommunications equipment regarding etiquette and use of telecommunications equipment; D. include a statewide survey and information gathering component to identify the extent of the hearing and speech impairment problem in the state, the number of impaired individuals in the state and the existence and availability of any specialized telecommunications equipment; and E. include an outreach component designed to provide information about and facilitate access to the program for impaired individuals. History: Laws 1993, ch. 54, § 4; 1995, ch. 39, § 1. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, deleted former Paragraph A(2), which read "may include provisions for participation by impaired individuals in the cost of acquiring specialized telecommunications equipment"; designated former Paragraph A(3) as Paragraph A(2); inserted the subparagraph designation (a) in Paragraph A(2) and added Subparagraphs A(2)(b) through A(2)(d); added Subsection C; and redesignated former Subsections C and D as Subsections D and E.
NM Stat § 63-9F-5 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9F - Telecommunications Access Act|Section 63-9F-5 - Repealed.

History: Laws 1993, ch. 54, § 5; 1995, ch. 39, § 2; 2004, ch. 106, §10. ANNOTATIONSRepeals. — Laws 2004, ch. 106, § 10, repealed 63-9F-5 NMSA 1978, as enacted by Laws 1993, ch. 54, § 5, relating to implementation of a specialized telecommunications program, effective July 1, 2005. For provisions of former section, see the 2004 NMSA 1978 on NMOneSource.com.
NM Stat § 63-9F-6 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9F - Telecommunications Access Act|Section 63-9F-6 - Telecommunications relay system.

A. The commission shall administer a telecommunications relay system that enables impaired individuals to communicate with unimpaired individuals. B. The commission shall invite proposals or bids, or both, from telecommunications companies to design and implement a telecommunications relay system. The commission shall comply with the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978] in contracting for the services and property required. The commission shall consider the factors of price and the interest of the community of impaired individuals in having access to a high quality and technologically advanced system. New Mexico residency shall be given a weight of five percent of the total weight of all evaluation factors in a proposal evaluation. Any business that qualifies as a "resident business" as defined in Section 13-1-21 NMSA 1978 shall receive a five percent preference. In the procurement process, the commission shall request and consider the recommendations of the communications assistants who have provided the voice relay service used in the state. C. If the commission determines that no proposal or bid is acceptable after review, the commission may provide the telecommunications relay system. D. The telecommunications relay system shall: (1) be available statewide for operation twenty-four hours a day every day of the year; (2) relay all messages promptly and accurately; (3) protect and maintain the privacy of individuals using the system; (4) preserve the confidentiality of all telephone communications; and (5) conform to all applicable standards established by state and federal laws and regulations adopted pursuant to those laws. History: Laws 1993, ch. 54, § 6; 2004, ch. 106, § 3. ANNOTATIONSThe 2004 amendment, effective July 1, 2005, in Subsection A, deleted "department, in consultation with the" and deleted the last sentence; and in Subsections B and C, deleted "department, after consultation with" and changed "department" to "commission".
NM Stat § 63-9F-7 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9F - Telecommunications Access Act|Section 63-9F-7 - Repealed.

History: Laws 1993, ch. 54, § 7; 2004, Ch. 106, §10. ANNOTATIONSRepeals. — Laws 2004, ch. 106, § 10, repealed 63-9F-7 NMSA 1978, as enacted by Laws 1993, ch. 54, § 7, relating to the duties of the general services department pursuant to the Telecommunications Access Act, effective July 1, 2005. For provisions of the former section, see the 2004 NMSA 1978 on NMOneSource.com.
NM Stat § 63-9F-8 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9F - Telecommunications Access Act|Section 63-9F-8 - Commission duties; power to audit.

A. The commission shall perform all actions necessary to carry out the provisions of the Telecommunications Access Act, including; (1) promulgating and administering such policies, procedures and rules as are necessary to comply with the purpose of that act and to ensure that the specialized telecommunications equipment program and the relay system are in compliance with the applicable state and federal laws and rules adopted pursuant to those laws; (2) obtaining certification from the federal communications commission that the telecommunications relay system is in compliance with applicable federal rules; (3) making expenditures for the specialized telecommunications equipment program and the telecommunications relay system; (4) ensuring the quality of the telecommunications relay system and the satisfaction of its users; (5) identifying the need for specialized telecommunications equipment by impaired individuals; (6) identifying the problems that impaired individuals have in acquiring specialized telecommunications equipment; and (7) providing funding for the specialized telecommunications equipment program. B. The commission may require an annual audit of each telecommunications company participating in the telecommunications relay system to account for all surcharges billed and collected pursuant to the Telecommunications Access Act. Audits conducted pursuant to this subsection shall be at the expense of the requesting agency. History: Laws 1993, ch. 54, § 8; 1995, ch. 39, § 3; 2004, ch. 106, § 4. ANNOTATIONSThe 2004 amendment, effective July 1, 2005, rewrote this section to the extent that a detailed comparison was impracticable. The 1995 amendment, effective June 16, 1995, in Subsection A, substituted "create" for "review and recommend" at the beginning and inserted "review and recommend policies, procedures and regulations governing the administration of", and rewrote Subsection H which read "identify funding sources available to provide specialized telecommunications equipment needed by impaired individuals". ANNOTATIONS
NM Stat § 63-9F-9 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9F - Telecommunications Access Act|Section 63-9F-9 - Limit on liability.

The commission and the provider of the telecommunications relay system and their employees shall not be liable for any claims, actions, damages or causes of action arising out of or resulting from the establishment, participation in or operation of the telecommunications relay system except for gross negligence or intentional acts. History: Laws 1993, ch. 54, § 9; 2004, ch. 106, § 5. ANNOTATIONSThe 2004 amendment, effective July 1, 2005, after "the commission", deleted "the department".
NM Stat § 63-9F-10 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9F - Telecommunications Access Act|Section 63-9F-10 - Complaints.

All complaints, including complaints about the service provided by the telecommunications relay system, the provider of the telecommunications relay system or the operation and administration of the telecommunications relay system, shall be made directly to the commission. History: Laws 1993, ch. 54, § 10.
NM Stat § 63-9F-12 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9F - Telecommunications Access Act|Section 63-9F-12 - Telecommunications access fund; established.

There is created in the state treasury the "telecommunications access fund". Money appropriated to the fund or accruing to it through gifts, grants, fees, surcharges, penalties or bequests shall be delivered to the state treasurer for deposit in the fund. The fund shall be invested as other state funds are invested. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the executive director of the commission. The commission shall administer the fund. Money in the fund is appropriated to the commission for the purpose of carrying out the provisions of the Telecommunications Access Act. The commission may request the state budget division of the department of finance and administration to approve the expenditure of funds deposited in the telecommunications access fund for the purpose of defraying salary and other necessary expenses incurred by the commission in the administration of the provisions of the Telecommunications Access Act. The state budget division may approve the expenditure of not more than ten percent of the amount deposited in the telecommunications access fund during any fiscal year for expenses incurred by the commission in administering that act. In addition, money in the fund is subject to appropriation by the legislature to the commission for the performance of its duties pursuant to Chapter 28, Article 11B NMSA 1978 and to the signed language interpreting practices fund for the purpose of defraying salary and other necessary expenses incurred by the signed language interpreting practices board. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall not revert. History: Laws 1993, ch. 54, § 12; 2004, ch. 106, § 7; 2007, ch. 248, § 18. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, provided that money in the telecommunications access fund is subject to appropriation to the signed language interpreting practices fund to defray salary and necessary expenses incurred by the signed language interpreting practices board. The 2004 amendment, effective July 1, 2005, replaced "secretary of general services" and "department" with "executive director of the commission" and added: "incurred by the commission in the administration of the provisions of the Telecommunications Access Act. The state budget division may approve the expenditure of not more than ten percent of the amount deposited in the telecommunications access fund during any fiscal year for expenses incurred by the commission in administering that act. In addition, money in the fund shall be available for appropriation by the legislature to the commission for the performance of its duties pursuant to Chapter 28, Article 11B NMSA 1978".
NM Stat § 63-9F-13 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9F - Telecommunications Access Act|Section 63-9F-13 - Confidentiality of translated or relayed conversations; penalty for breach of confidentiality.

A. A communications assistant who is employed to translate or relay a conversation to or from an impaired individual is a conduit for the conversation and shall not disclose, or be compelled to disclose in any nonjudicial proceeding, the contents of the conversation. B. A person who violates the provisions of Subsection A of this section is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. History: Laws 1993, ch. 54, § 13.
NM Stat § 63-9G-1 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9G - Cramming and Slamming|Section 63-9G-1 - Short title.

Sections 1 through 9 [63-9G-1 to 63-9G-9 NMSA 1978] of this act may be cited as the "Cramming and Slamming Act". History: Laws 1999, ch. 138, § 1. ANNOTATIONSEffective dates. — Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999. Am. Jur. 2d, A.L.R. and C.J.S. references. — State regulation of telephone "slamming", 92 A.L.R.5th 1.
NM Stat § 63-9G-2 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9G - Cramming and Slamming|Section 63-9G-2 - Definitions.

As used in the Cramming and Slamming Act: A. "billing aggregator" means a person that bills customers for goods or services provided by others and that uses a local exchange company as a billing agent; B. "commission" means the public regulation commission; C. "cramming" means: (1) charging a customer for telecommunications services that were not authorized by the customer; (2) charging a customer for goods or services that are not telecommunications services; or (3) using a sweepstakes, contest or drawing entry form as authorization to change or add telecommunications services to a customer's telephone bill; D. "customer" means the person whose name appears on the telephone bill or the person responsible for payment of the telephone bill; E. "local exchange company" means a provider that provides local exchange services; F. "local exchange services" means the transmission of two-way interactive communications within a local exchange area described in maps, tariffs or rate schedules filed with the commission where local exchange rates apply; G. "provider" means a telephone company, transmission company, telecommunications common carrier, telecommunications company, cellular or other wireless telecommunications service company, cable television service, telecommunications reseller, billing aggregator or other person that bills directly or has a billing contract with a local exchange company; H. "slamming" means: (1) changing a customer's provider without the customer's authorization; or (2) using a sweepstakes, contest or drawing entry form as authorization to change a customer's provider; and I. "telecommunications service" means the transmission of signs, signals, writings, images, sounds, messages, data or other information of any nature by wire, radio, lightwaves or other electromagnetic means or goods and services related to the transmission of information that are provided by the provider; provided that a good or service that does not meet the definition of "telecommunications service" does not become a telecommunications service merely because it is bundled with a telecommunications service for marketing or billing purposes. History: Laws 1999, ch. 138, § 2. ANNOTATIONSEffective dates. — Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999.
NM Stat § 63-9G-3 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9G - Cramming and Slamming|Section 63-9G-3 - Commission powers and duties.

A. The commission has jurisdiction over a billing aggregator to the extent of the billing aggregator's participation in billing for telecommunications services or other goods or services through a customer's telephone bill. Billing aggregators are subject to the provisions of the Cramming and Slamming Act. B. The commission shall enforce the provisions of the Cramming and Slamming Act against anyone regulated in whole or in part by the commission or over whom the commission is given regulatory authority by state or federal law. C. The commission may hold a provider liable for the actions of its employees, officers, affiliates and agents. History: Laws 1999, ch. 138, § 3. ANNOTATIONSEffective dates. — Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999.
NM Stat § 63-9G-4 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9G - Cramming and Slamming|Section 63-9G-4 - Rules to implement act.

The commission shall promulgate: A. rules on what constitutes authorization of a change or addition to telecommunications services or change in provider for the purposes of determining cramming or slamming, including consideration of the rules on authorization adopted by the federal communications commission; B. rules and standards on responsibilities of parties in cramming and slamming; C. rules to establish an expedited consideration process for resolution of complaints filed with the commission, including the filing and investigation of complaints; and D. other rules needed to implement the provisions of the Cramming and Slamming Act. History: Laws 1999, ch. 138, § 4. ANNOTATIONSEffective dates. — Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999. Temporary provisions. — Laws 1999, ch. 138, § 10, effective June 18, 1999, provided that it is the intent of the legislature that the public regulation commission begin its rulemaking process in time to have rules required by 63-9G-4 NMSA 1978 adopted and promulgated by July 1, 1999.
NM Stat § 63-9G-5 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9G - Cramming and Slamming|Section 63-9G-5 - Complaints filed with commission; rules; administrative penalties.

A. The following acts are prohibited: (1) cramming or slamming; and (2) disconnecting or threatening to disconnect a customer's local exchange service because the customer refuses to pay charges resulting from cramming or slamming and the local exchange company has been notified of the cramming or slamming. B. A customer or provider may file a complaint with the commission alleging cramming or slamming. A customer may file a complaint alleging disconnection or threats of disconnection to local exchange service. The commission may combine complaints. C. If the commission finds after investigation and hearing that a provider engaged in cramming or slamming or disconnected or threatened to disconnect a customer's local exchange service, it may: (1) assess an administrative penalty not to exceed ten thousand dollars ($10,000) for each occurrence of cramming or slamming or for each disconnection or threat to disconnect; or (2) after other sanctions have failed, suspend or revoke the provider's certificate of authority or certificate of public convenience and necessity for a deliberate pattern of cramming or slamming or disconnection or threat of disconnection. D. A person aggrieved by an order of the commission pursuant to this section may appeal to the district court as provided in Section 39-3-1.1 NMSA 1978. E. The remedies and penalties provided for in the Cramming and Slamming Act are in addition to any other penalties that may be imposed pursuant to any other state law or any other remedies available to consumers. History: Laws 1999, ch. 138, § 5. ANNOTATIONSEffective dates. — Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999.
NM Stat § 63-9G-6 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9G - Cramming and Slamming|Section 63-9G-6 - Cramming or slamming; customer absolution.

A. A customer who is crammed or slammed is absolved of liability for charges resulting from the cramming or slamming during the first ninety days after the cramming or slamming appeared on the customer's telephone bill. Nothing in this subsection affects the local exchange company or other billing agent from collecting credited amounts from the provider that crammed or slammed. B. The customer may contact his local exchange company, his authorized provider or the unauthorized provider to report a cramming or slamming. The contacted provider shall notify the local exchange company promptly about the customer's allegation of cramming or slamming. C. The commission shall promulgate rules that govern procedures for how disputed charges or changes are investigated and paid to the proper provider. History: Laws 1999, ch. 138, § 6. ANNOTATIONSEffective dates. — Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999.