reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
Limitation 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 XI, § 7 (now repealed); and it cannot be read to require the telephone company to provide service anywhere, anytime, to anybody, and under all circumstances.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.
2023 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
2023 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
2023 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.
ANNOTATIONS
Am. 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.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9 - Telephone and Telegraph Companies › Section 63-9-12 to 63-9-14 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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
2023 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.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9 - Telephone and Telegraph Companies › Section 63-9-18 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, rewrote this section.
2023 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.
ANNOTATIONS
Compiler'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.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9A - Telecommunications Services › Section 63-9A-2 - Repealed.

History:
Laws 1985, ch. 242, § 2; 1987, ch. 21, § 1; 2000, ch. 100, § 3; 2000, ch. 102, § 3; repealed by Laws 2023, ch. 92, § 5.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 92, § 5 repealed 63-9A-2 NMSA 1978, as enacted by Laws 1985, ch. 242, § 2, relating to purpose, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 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
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
The 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).
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9A - Telecommunications Services › Section 63-9A-6.1 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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
2023 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
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Duplicate 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.
2023 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
2023 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.
ANNOTATIONS
The 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".
2023 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
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9A - Telecommunications Services › Section 63-9A-13 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
The 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".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9A - Telecommunications Services › Section 63-9A-15 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, rewrote this section.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9A - Telecommunications Services › Section 63-9A-18 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9A - Telecommunications Services › Section 63-9A-19 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, rewrote this section.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9A - Telecommunications Services › Section 63-9A-21 - Commission review of impacts.

A. The commission shall review the impact of provisions of the New Mexico Telecommunications Act on residential and business consumers in urban and rural areas of the state every three years, the first review to be completed by July 31, 2019, and shall report its findings to the legislature. The review shall:
(1) investigate the impact on rates, service quality, incumbent local exchange carrier employment, investment in telecommunications infrastructure and the availability and deployment of high speed data services;
(2) report on the wire center serving areas that have been deemed to have effective competition and any wire centers no longer subject to carrier of last resort obligations; and
(3) specify the steps the commission has taken to implement parity of regulation among all incumbent local exchange carriers consistent with the provisions of the New Mexico Telecommunications Act.
B. For any wire center serving an area deregulated pursuant to the provisions of Section 63-9A-8 NMSA 1978, if the commission finds that reregulation of basic local exchange service is necessary to protect the public interest following a hearing and findings of fact and conclusions of law, after July 31, 2023, the commission shall regulate basic local exchange service pursuant to the New Mexico Telecommunications Act.
History:
Laws 2017, ch. 71, § 7; 2023, ch. 92, § 4.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, required the public regulation commission to report the steps taken to implement parity of regulation among all local exchange carriers, and made technical changes; in Subsection A, Paragraph A(1), after "data services", deleted "The review shall also include a report on those", in Paragraph A(2), added "report on the", and added Paragraph A(3); and in Subsection B, after "July 31", deleted "2021" and added "2023".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9B - Cellular Telephone Services › Section 63-9B-1 - Short title.

Chapter 63, Article 9B NMSA 1978 may be cited as the "Cellular Telephone Services Act".
History:
Laws 1987, ch. 296, § 1; 1998, ch. 108, § 65.
ANNOTATIONS
Compiler's notes.
— The Cellular Telephone Services Act, 63-9B-1 to 63-9B-14 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.
The 1998 amendment,
effective January 1, 1999, substituted "Chapter 63, Article 9B NMSA 1978" for "This act" at the beginning of the section.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9B - Cellular Telephone Services › Section 63-9B-2 - Purpose.

The legislature declares that it is the policy of the state of New Mexico to permit cellular telephone service to operate in this state as authorized by the federal communications commission. It is the purpose of the Cellular Telephone Services Act to permit a regulatory framework that will allow modification and detariffing of cellular telephone services as may be justified by the existence of competition in cellular telephone services in New Mexico.
History:
Laws 1987 ch. 296, § 2.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9B - Cellular Telephone Services › Section 63-9B-3 - Definitions.

As used in the Cellular Telephone Services Act:
A. "commission" means the public regulation commission;
B. "cellular service company" means a cellular telephone company that uses cellular telephone equipment and is a radio common carrier or telephone or telecommunications company licensed by the federal communications commission. A cellular service company operates a cellular system that is a high capacity land mobile system in which assigned spectrum is divided into discrete channels that are assigned in groups to geographic cells covering a cellular geographic area, as defined by the federal communications commission. "Cellular service company" does not include noncellular radio common carrier service, including noncellular mobile telephone service, radio-paging service or one-way cable television service; and
C. "certificated area" means the geographical area that a cellular service 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 issued under such law authorizing the issuance of a certificate of public convenience and necessity for such purpose.
History:
Laws 1987, ch. 296, § 3; 1998, ch. 108, § 66.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, substituted "public regulation" for "state corporation" in Subsection A; deleted "and operates within the 800 megahertz band of frequency" following "communications commission" in Subsection B; substituted "that" for "which" in two places in Subsection B; deleted "but not limited to" following "carrier service, including" near the end of Subsection B; and substituted "that" for "which" in Subsection C.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9B - Cellular Telephone Services › Section 63-9B-4 - Operation, regulation and tariffs.

A. A cellular service company may provide cellular telephone services in a certificated area as authorized by law and the commission, subject to reasonable rules and regulations of the commission or as otherwise provided by law. The provisions of Section 63-9A-6 NMSA 1978 shall not be construed to prevent a certificated cellular service company from providing cellular services in the certificated service territory of a telecommunications company having an exclusive right to provide local exchange service.
B. If the commission finds after holding hearings requested by any interested party or by its own motion that more than one cellular service company licensed by the federal communications commission is operating in all or part of a certificated area, then the commission may determine that competition in cellular telephone services exists in such area.
C. When the commission has made a determination that cellular telephone services are subject to competition, the commission shall, consistent with the purposes of the Cellular Telephone Services Act, modify, reduce or eliminate rules, regulations and other requirements applicable to the provision for such service including the fixing and determining of specific rates, tariffs or fares for the service. The commission's action may include the detariffing of service or the establishment of minimum rates which will cover the costs for the service.
History:
Laws 1987, ch. 296, § 4.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9B - Cellular Telephone Services › Section 63-9B-5 - 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 cellular service company alleged to be in violation of any provision of the Cellular Telephone Services 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 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 Cellular Telephone Services 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 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 1987, ch. 296, § 5.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9B - Cellular Telephone Services › Section 63-9B-6 - Validity of orders; substantial compliance with act sufficient.

A substantial compliance by the commission with the requirements of the Cellular Telephone Services 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.
History:
Laws 1987, ch. 296, § 6.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9B - Cellular Telephone Services › Section 63-9B-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 63-9B-7 NMSA 1978, as enacted by Laws 1987, ch. 296, § 7, relating to rules, effective January 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9B - Cellular Telephone Services › Section 63-9B-8 - Appeal of orders of the commission.

A cellular service company or other person in interest being aggrieved by an order or determination of the commission under the Cellular Telephone Services 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 1987, ch. 296, § 8; 1998, ch. 108, § 67.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, substituted "Appeal of" for "Action to set aside nonremovable" in the section heading; substituted "or" for "and any" near the beginning of the section; and 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 Telephone Services Act".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9B - Cellular Telephone Services › Section 63-9B-9 - Notice to the commission.

Upon the filing of a notice of appeal, the appellant shall cause a copy to be served upon the commission and parties of record in the proceeding before the commission in the manner prescribed by the Rules of Appellate Procedure for Civil Cases. Within thirty days after service of the notice of appeal or such further time as the supreme court for good cause may specify, the commission shall certify to the supreme court the record of the testimony taken before the commission and all exhibits offered or received in evidence at the hearing before the commission and all pleadings, findings, conclusions, orders and opinions, or certified copies thereof, made and entered in, or in connection with, the hearing before the commission; provided, however, that the parties and the commission may stipulate that a specified portion only of the testimony taken at the hearing before the commission shall be certified to the supreme court for review on appeal.
History:
Laws 1987, ch. 296, § 9.
ANNOTATIONS
Cross references.
— For Rules of Appellate Procedure,
see
Rule 12-101 NMRA et. seq.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9B - Cellular Telephone Services › Section 63-9B-10 - 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 1987, ch. 296, § 10; 1998, ch. 108, § 68.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, rewrote this section.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9B - Cellular Telephone Services › Section 63-9B-11 to 63-9B-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 63-9B-11 and 63-9B-12 NMSA 1978, as enacted by Laws 1987, ch. 296, §§ 11 and 12, relating to burden of showing that order is unreasonable or unlawful and decision on appeal, effective January 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
Laws 1995, ch. 175, § 2, repealed 63-9B-13 NMSA 1978, as enacted by Laws 1987, ch. 296, § 13, relating to penalty for violations of the Cellular Telephone Services Act, effective June 16, 1995. For provisions of former section,
see
the 1994 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9B - Cellular Telephone Services › Section 63-9B-14 - Injunctions; contempt.

The commission may apply to the district court for injunctions to prevent violations of any provision of the Cellular Telephone Services Act or of any rule or order of the commission issued pursuant to that act, and the court has the power to grant injunctions and to enforce injunctions by contempt procedure.
History:
Laws 1987, ch. 296, § 14; 1998, ch. 108, § 69.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, at the beginning of the section, deleted "In any matter not removable to the supreme court of New Mexico under the provisions of Article II, Section 7 of the constitution of New Mexico"; substituted "the district court" for "courts having jurisdiction"; and substituted "the court has the" for "the courts shall have".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9C - Low Income Telephone Service Assistance › Section 63-9C-1 - Short title.

Chapter 63, Article 9C NMSA 1978 may be cited as the "Low Income Telephone Service Assistance Act".
History:
Laws 1987, ch. 197, § 1; 1998, ch. 108, § 70.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, substituted "Chapter 63, Article 9C NMSA 1978" for "This act" near the beginning of the section.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9C - Low Income Telephone Service Assistance › Section 63-9C-2 - Purpose.

It is the purpose of the Low Income Telephone Service Assistance Act to assure that telephone rate increases do not force many low-income New Mexicans to discontinue necessary telephone service and to increase the availability of basic telephone service to low-income New Mexicans by providing assistance to meet the cost of basic telephone service.
History:
Laws 1987, ch. 197, § 2.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9C - Low Income Telephone Service Assistance › Section 63-9C-3 - Definitions.

As used in the Low Income Telephone Service Assistance Act:
A. "commission" means the public regulation commission;
B. "department" means the human services department [health care authority department]; and
C. "local exchange company" means a person not engaged solely in interstate business that provides services or facilities for the transmission of two-way interactive switched voice communications over a telephone line within a local exchange area for single-line customers.
History:
Laws 1987, ch. 197, § 3; 1998, ch. 108, § 71.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
The 1998 amendment,
effective January 1, 1999, substituted "public regulation" for "state corporation" in Subsection A; and in Subsection C, deleted "company, corporation, partnership, cooperative, joint venture or other business organization or association" following "means a person" and substituted "that" for "which".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9C - Low Income Telephone Service Assistance › Section 63-9C-4 - Low income assistance rates; commission authority.

A. A local exchange company may provide assistance in the form of reduced rates to those persons who meet the eligibility criteria of one or more need-based assistance programs administered by the department.
B. The commission shall promulgate rules and regulations for the implementation of the Low Income Telephone Assistance Act for those exchange companies who provide such assistance.
History:
Laws 1987, ch. 197, § 4.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9C - Low Income Telephone Service Assistance › Section 63-9C-5 - Federal waiver.

In addition to any reduced rates provided by local exchange companies on behalf of low-income New Mexicans, the commission shall apply to the federal communications commission for a waiver of the federal end user common line charges. Upon receipt of the waiver, the commission shall notify the local exchange companies providing low income telephone service assistance and the monthly telephone bill shall reflect the waiver of the federal end user common line charges.
History:
Laws 1987, ch. 197, § 5.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9C - Low Income Telephone Service Assistance › Section 63-9C-6 - Department cooperation.

Subject to state and federal statutes and regulations governing the sharing of confidential information, the department shall cooperate with the commission and the local exchange companies in identifying those persons eligible for assistance pursuant to the Low Income Telephone Service Assistance Act.
History:
Laws 1987, ch. 197, § 6.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 63-9D-1 - Short title.

Sections 63-9D-1 through 63-9D-11.1 NMSA 1978 may be cited as the "Enhanced 911 Act".
History:
Laws 1989, ch. 25, § 1; 1993, ch. 48, § 2; 1998, ch. 108, § 72.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, substituted "Sections 63-9D-1 through 63-9D-11.1" for "Chapter 63, Article 9D" at the beginning of the section.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 63-9D-2 - Findings and purpose.

A. The legislature finds that:
(1) isolated people, the elderly, the young and victims of crime are often at risk and without help;
(2) children, elderly persons and victims of crime are frequently unable to explain directions to the location of an emergency situation;
(3) life-threatening accidents, fires, crimes and natural disasters occur in the state each year;
(4) an enhanced 911 telephone emergency system provides:
(a) expansion of the benefits of the basic 911 emergency telephone number;
(b) faster response time which minimizes the loss of life and property;
(c) automatic routing to the appropriate emergency response unit;
(d) immediate visual display of the location and telephone number of the caller; and
(e) curtailment of abuses of the emergency system by documenting callers; and
(5) New Mexico communities could make efficient use of the enhanced 911 telephone emergency system if the communities had adequate funding available.
B. It is the purpose of the Enhanced 911 Act to further the public interest and protect the safety, health and welfare of the people of New Mexico by enabling the development, installation and operation of enhanced 911 emergency reporting systems to be operated under shared state and local governmental management and control.
History:
Laws 1989, ch. 25, § 2; 1993, ch. 48, § 3.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, in Subsection A, deleted former Paragraphs (4), (5), and (8) relating to the availability of the 911 emergency number and system, redesignated former Paragraphs (6) and (7) as current Paragraphs (4) and (5), and substituted "curtailment" for "curtailing" in subparagraph (4)(e); and in Subsection B, inserted "shared state and" near the end.