reglab/housing_qa huggingface dataset:
NM Stat § 63-9G-7 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9G - Cramming and Slamming|Section 63-9G-7 - Change in service or provider; telephone bills.

A. A new charge for telecommunications service or a change in telecommunications provider shall be conspicuously indicated on the customer's telephone bill in clear, unambiguous language and easily legible type. Charges for local exchange service shall be itemized separately from charges for other telecommunications services. B. The local exchange company that serves as the billing agent shall not allocate a customer's payment to a disputed charge or change until the charge or change has been verified. History: Laws 1999, ch. 138, § 7. ANNOTATIONSEffective dates. — Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999.
NM Stat § 63-9G-8 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9G - Cramming and Slamming|Section 63-9G-8 - Sales to be in clear language; false or misleading information; verification; unauthorized charge or change; written notification.

A. As used in this section, "seller" means a provider or other person that sells telecommunications services. B. The provider shall approve all sales scripts and written materials used by its sellers, including contract sellers. C. A seller that attempts to persuade a customer to purchase telecommunications services or change his provider shall make adequate inquiry to reasonably ensure that he is talking to the customer. The seller shall also, at a minimum, clearly and unambiguously: (1) identify himself and the company for which he works; (2) identify the provider that he is asking the customer to use or the telecommunications service he is asking the customer to purchase; and (3) explain the material terms and price of the purchase or change in provider. D. A seller shall not use false or misleading information or tactics that would be considered by a prudent person to be pressure tactics to convince the customer to purchase a telecommunications service or change a provider. E. The commission shall prescribe by rule the requirements for clearly and unambiguously selling and verifying the sale of telecommunications services or providers. History: Laws 1999, ch. 138, § 8. ANNOTATIONSEffective dates. — Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999.
NM Stat § 63-9G-9 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9G - Cramming and Slamming|Section 63-9G-9 - Cramming or slamming; damage to credit; penalty; civil action barred.

A. A person shall not injure or threaten to injure a customer's credit because the customer refuses to pay charges resulting from cramming or slamming. A person who violates the provisions of this section is guilty of a fourth degree felony and shall be sentenced as follows: (1) for threatening to injure a customer's credit, a fine not to exceed one thousand dollars ($1,000) per occurrence; and (2) for injuring a customer's credit by providing a false, misleading or negative report about the customer to a credit reporting agency, a fine not to exceed ten thousand dollars ($10,000) per occurrence. B. A person is barred from bringing a civil action against a customer to collect for charges resulting from cramming or slamming. History: Laws 1999, ch. 138, § 9. ANNOTATIONSEffective dates. — Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999. Applicability. — Laws 1999, ch. 138, § 11, effective June 18, 1999, made the Cramming and Slamming Act applicable to telecommunications services provided to customers on or after July 1, 1999.
NM Stat § 63-9H-1 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9H - Rural Telecommunications|Section 63-9H-1 - Short title.

Chapter 63, Article 9H NMSA 1978 may be cited as the "Rural Telecommunications Act of New Mexico". History: Laws 1999, ch. 295, § 1, 2013, ch. 194, § 1. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, added the NMSA chapter and article for the Rural Telecommunications Act; and at the beginning of the sentence, changed "This act" to "Chapter 63, Article 9H NMSA 1978".
NM Stat § 63-9H-2 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9H - Rural Telecommunications|Section 63-9H-2 - Purpose.

The legislature declares that it remains the policy of the state of New Mexico to maintain for rural customers availability of access to telecommunications services at affordable rates. Furthermore, it is the policy of this state to have comparable long distance 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 for rural customers, it is further the policy of this state to encourage competition and reduce regulation in the telecommunications industry, thereby allowing access by the public to resulting rapid advances in telecommunications technology. It is the purpose of the Rural Telecommunications Act of New Mexico to permit a regulatory framework that will allow an orderly transition for rural telephone carriers from a regulated telecommunications industry to a competitive market environment consistent with the federal act. Further, the legislature finds that as part of such regulatory framework, it is necessary to provide disparate regulatory treatment between rural telephone carriers and non-rural telephone carriers in order to assist with accomplishing the goals established by the above declared policies. Disparate regulatory treatment is particularly necessary for those citizens who reside in rural New Mexico, because those rural areas constitute the bulk of the surface area within the boundaries of the state. Disparate regulatory treatment for rural telephone carriers requires relaxed regulation for rural telephone carriers with the objective of reducing the cost of regulation as well as the regulatory burden, permitting pricing flexibility and expediting required rate approvals, all in a manner consistent with both the purpose of an orderly transition from regulation to a competitive market environment and the federal act. History: Laws 1999, ch. 295, § 2. ANNOTATIONSEffective dates. — Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
NM Stat § 63-9H-4 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9H - Rural Telecommunications|Section 63-9H-4 - Regulation by commission.

A. Except as otherwise provided in the Rural Telecommunications Act of New Mexico or the federal act, each public telecommunications service is declared to be affected with the public interest and, as such, subject to the provisions of those acts, including the regulation thereof as provided in those acts. B. The commission has exclusive jurisdiction to regulate incumbent rural telecommunications carriers only in the manner and to the extent authorized by the Rural Telecommunications Act of New Mexico, and Section 63-7-1.1 NMSA 1978 does not apply; provided, however, that the commission's jurisdiction includes the regulation of wholesale rates, including access charges and interconnection agreements consistent with federal law and its enforcement and a determination of participation in low-income telephone service assistance programs pursuant to the Low Income Telephone Service Assistance Act [Chapter 63, Article 9C NMSA 1978]. C. The commission shall adopt rules consistent with the requirement for relaxed regulation for incumbent rural telecommunications carriers set forth in the Rural Telecommunications Act of New Mexico that provide for: (1) reduced filing requirements for applicants in rate increase proceedings under the Rural Telecommunications Act of New Mexico and proceedings under that act seeking payments from the fund; and (2) expedited consideration in all proceedings initiated pursuant to the Rural Telecommunications Act of New Mexico in order to reduce the cost and burden for incumbent rural telecommunications carriers and other applicants. History: Laws 1999, ch. 295, § 4; 2013, ch. 194, § 3. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, provided for the adoption of rules for the relaxed regulation of incumbent rural telecommunications carriers; in Subsection B, after "jurisdiction to regulate", added "incumbent"; and added Subsection C.
NM Stat § 63-9H-5 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9H - Rural Telecommunications|Section 63-9H-5 - Certificate required.

A. No rural public telecommunications service shall be offered in this state except in accordance with the provisions of the Rural Telecommunications Act of New Mexico. B. No rural public telecommunications service shall be offered within this state without the telecommunications carrier 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 Rural Telecommunications Act of New Mexico. C. The commission has 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 rural public telecommunications service, but in keeping with the purposes of the Rural Telecommunications Act of New Mexico and the federal 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. D. For purposes of considering and acting upon applications for certificates pursuant to this section, the commission may adopt rules on a competitively neutral basis and consistent with the provisions of the Rural Telecommunications Act of New Mexico and the federal act, necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of rural public telecommunications services and safeguard the rights of the consumers. E. In determining whether to issue a certificate to provide rural public telecommunications service, the commission shall consider the following: (1) whether the applicant has sufficient financial resources to provide the proposed telecommunications service properly and continuously; (2) whether the applicant has competent and experienced management and personnel to provide the proposed telecommunications service; (3) whether the applicant is willing and able to conform to all applicable laws and the rules of the commission applicable generally to providers of telecommunications; and (4) if any exemption, suspension or modification is available to any provider of the subject service in the subject area. F. 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 1999, ch. 295, § 5. ANNOTATIONSEffective dates. — Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999. Cross references. — For the federal Telecommunications Act of 1996, see Titles 15, 18, and 47 of the United States Code.
NM Stat § 63-9H-8 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9H - Rural Telecommunications|Section 63-9H-8 - Exemption for private service.

Construction, maintenance or operation of a private telecommunications service does not constitute the provision of rural public telecommunications service, and a private telecommunications service shall not be subject to regulation by the commission pursuant to the Rural Telecommunications Act of New Mexico. History: Laws 1999, ch. 295, § 8. ANNOTATIONSEffective dates. — Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
NM Stat § 63-9H-9 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9H - Rural Telecommunications|Section 63-9H-9 - Regulation of individual contracts to facilitate competition.

A. In accordance with the provisions of this section, the commission shall regulate the rates, charges and service conditions for individual contracts for rural public telecommunications services in a manner that authorizes the provision of all or any portion of a public telecommunications service under stated or negotiated terms to any person or entity that has acquired or is preparing to acquire, through construction, lease or any other form of acquisition, similar public telecommunications services from an alternate source. B. At any time, the provider of rural public telecommunications services may file a verified application with the commission for authorization to provide a public telecommunications service on an individual contract basis. The application shall describe the telecommunications services to be offered, the party to be served and the parties offering the service, together with other information and in a form that the commission may prescribe. Such additional information shall be reasonably related to the determination of the existence of a competitive offer. C. An application is deemed approved when filed unless the commission denies it. The commission shall approve or deny any such application within ten days after filing or a different period established by the commission, not to exceed sixty days, giving consideration to the requirements of any contract negotiations. If the commission has not acted on any application within the time period established, the application is deemed granted. The commission shall deny the application only upon a finding that the application fails to set forth prescribed information or that the subject or comparable services are not being offered to the customer by parties other than the applicant or that the contract fails to cover the costs of the service. D. Within ten days after the conclusion of negotiations, the provider of rural public telecommunications services shall file with the commission the final contract or other evidence of the service to be provided, together with the charges and other conditions of the service, which shall be maintained by the commission on a confidential basis subject to an appropriate protective order. History: Laws 1999, ch. 295, § 9. ANNOTATIONSEffective dates. — Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
NM Stat § 63-9H-10 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9H - Rural Telecommunications|Section 63-9H-10 - Complaint alleging violation by provider of rural public telecommunications services.

A. Complaint may be made by any interested party setting forth any act or omission by a provider of rural public telecommunications services alleged to be in violation of any provision of the Rural Telecommunications Act of New Mexico 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 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 Rural Telecommunications Act of New Mexico 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 his 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 1999, ch. 295, § 10. ANNOTATIONSEffective dates. — Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
NM Stat § 63-9H-11 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9H - Rural Telecommunications|Section 63-9H-11 - Validity of orders; substantial compliance with act sufficient.

A substantial compliance by the commission with the requirements of the Rural Telecommunications Act of New Mexico shall be sufficient to give effect to all rules, orders and acts 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 1999, ch. 295, § 11. ANNOTATIONSEffective dates. — Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
NM Stat § 63-9H-12 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9H - Rural Telecommunications|Section 63-9H-12 - Appeal of orders of the commission.

Any provider of rural public telecommunications services and any other person in interest being aggrieved by a final order or determination of the commission under the Rural Telecommunications Act of New Mexico 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 1999, ch. 295, § 12. ANNOTATIONSEffective dates. — Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
NM Stat § 63-9H-13 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9H - Rural Telecommunications|Section 63-9H-13 - Appeal on the record.

A. An 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 1999, ch. 295, § 13. ANNOTATIONSEffective dates. — Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999. Cross references. — For the Rules of Appellate Procedure, see Rule 12-101 NMRA.
NM Stat § 63-9H-14 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9H - Rural Telecommunications|Section 63-9H-14 - Injunctions; contempt.

The commission may apply to the district court for injunctions to prevent violations of any provision of the Rural Telecommunications Act of New Mexico 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 1999, ch. 295, § 14. ANNOTATIONSEffective dates. — Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
NM Stat § 63-9I-1 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9I - Wireless Consumer Advanced Infrastructure Investment|Section 63-9I-1 - Short title.

This act [63-9I-1 to 63-9I-9 NMSA 1978] may be cited as the "Wireless Consumer Advanced Infrastructure Investment Act". History: Laws 2018, ch. 17, § 1 and Laws 2018, ch. 69, § 1. ANNOTATIONSDuplicate laws. — Laws 2018, ch. 17, § 1 and Laws 2018, ch. 69, § 1, both effective September 1, 2018, enacted identical new sections. The section was set out as enacted Laws 2018, ch. 69, § 1. See 12-1-8 NMSA 1978.
NM Stat § 63-9I-6 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9I - Wireless Consumer Advanced Infrastructure Investment|Section 63-9I-6 - Access to authority utility poles; rates and fees; collocations for other commercial projects or uses.

A. An authority shall not enter into an exclusive agreement with a person for the right to attach a small wireless facility to an authority utility pole. B. The rates and fees an authority imposes for the collocation of a small wireless facility on an authority utility pole shall not vary according to the services provided by the collocating person. C. The rate to collocate a small wireless facility on an authority utility pole shall not exceed twenty dollars ($20.00) per utility pole per year. D. An authority shall process an application for a permit to collocate a small wireless facility on an authority utility pole in accordance with Section 4 [63-9I-4 NMSA 1978] of the Wireless Consumer Advanced Infrastructure Investment Act. The authority may condition the issuance of the permit on the wireless provider's replacement of the authority utility pole if the authority determines that applicable codes or local laws concerning public safety require that replacement. The authority shall process an application for a permit to install a replacement authority utility pole in accordance with Section 5 [63-9I-5 NMSA 1978] of the Wireless Consumer Advanced Infrastructure Investment Act. The authority shall retain ownership of the replacement utility pole. E. An authority may prohibit, regulate and charge for the collocation of a small wireless facility on a wireless support structure owned by the authority. History: Laws 2018, ch. 17, § 6 and Laws 2018, ch. 69, § 6. ANNOTATIONSDuplicate laws. — Laws 2018, ch. 17, § 6 and Laws 2018, ch. 69, § 6, both effective September 1, 2018, enacted identical new sections. The section was set out as enacted Laws 2018, ch. 69, § 6. See 12-1-8 NMSA 1978.
NM Stat § 63-9I-8 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9I - Wireless Consumer Advanced Infrastructure Investment|Section 63-9I-8 - Scope of local authority.

A. Except as otherwise provided in the Wireless Consumer Advanced Infrastructure Investment Act, an authority may exercise its zoning, land use, planning and permitting authority and its police power for the installation, modification and replacement of wireless support structures and utility poles. B. An authority's power to control the design, engineering, construction, installation or operation of a small wireless facility in an interior structure or on the site of a campus, stadium or athletic facility not owned or controlled by the authority is limited to its authority to enforce compliance with applicable codes. C. The Wireless Consumer Advanced Infrastructure Investment Act does not authorize the state or a political subdivision of the state to require small wireless facility deployment or to regulate wireless services. D. If an authority determines that a utility pole or the wireless support structure of a wireless provider must be relocated to accommodate a public project, the provider shall assume the costs of relocating the wireless facilities deployed on the pole or structure. History: Laws 2018, ch. 17, § 8 and Laws 2018, ch. 69, § 8. ANNOTATIONSDuplicate laws. — Laws 2018, ch. 17, § 8 and Laws 2018, ch. 69, § 8, both effective September 1, 2018, enacted identical new sections. The section was set out as enacted Laws 2018, ch. 69, § 8. See 12-1-8 NMSA 1978.