reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 19 - EXPEDITED PROCEDURES FOR COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 17.11.19.8 - CERTIFICATE OF REGISTRATION REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. No person shall offer competitive local
				exchange services in New Mexico without having first obtained from the
				Commission a certificate of registration to provide such service.
B. Any person seeking to provide competitive
				local exchange services in New Mexico shall file an application with the
				Commission for a certificate of registration in accordance with the provisions
				of this rule.
C. All certificates
				of public convenience and necessity issued by the Commission prior to January
				1, 2001 shall be continued and shall have the same force and effect as
				certificates of registration issued pursuant to this rule.
D. A holder of a certificate of public
				convenience and necessity that intends to cease providing continuous and
				adequate service to the public must comply with the provisions of this rule
				regarding discontinuance of service.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 19 - EXPEDITED PROCEDURES FOR COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 17.11.19.9 - PENDING APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All applications for certificates of financial and technical
				  competency or certificates of operating authority to provide telecommunications
				  services as a CLEC filed and pending as of January 1, 2001 shall be deemed
				  applications for certificates of registration to provide such services pursuant
				  to this rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 19 - EXPEDITED PROCEDURES FOR COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 17.11.19.11 - COMMISSION PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
Staff shall review an application for a certificate of
				  registration within thirty (30) calendar days to determine whether it is
				  complete. If the application is incomplete, staff will return it to the
				  applicant. If the application is complete, staff shall present it to the
				  Commission for issuance of a certificate of registration. The Commission shall
				  issue a certificate of registration if it finds that the applicant possesses
				  adequate financial resources and technical competency to provide competitive
				  local exchange service and that issuance of the certificate of registration is
				  in the public interest.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 19 - EXPEDITED PROCEDURES FOR COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 17.11.19.12 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Every CLEC shall file an annual report with the Commission by
				  April 1 of each year, unless a different date is ordered by the Commission,
				  updating the information described in subsections A, B, D, E, J, and M of
				  17.11.19.10
				  NMAC in the time, manner and form prescribed by the
				  Commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 19 - EXPEDITED PROCEDURES FOR COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 17.11.19.13 - TRANSFER OF A CERTIFICATE OF REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any holder of a certificate of
				registration to provide competitive local exchange service in New Mexico
				seeking to transfer the certificate to another person shall first apply to the
				Commission for approval of the transfer.
B. The Commission shall approve an
				application for transfer of a certificate of registration upon receipt of a
				completed application and a copy of the tariff proposed to take effect upon
				approval of the transfer.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 19 - EXPEDITED PROCEDURES FOR COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 17.11.19.14 - NOTICE OF CHANGE IN CIRCUMSTANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A CLEC shall notify the Commission in writing prior to any
				  change in circumstances, including, but not limited to:
A. a change in the carrier 's name, phone
				number or address;
B. a change in
				the name, phone number or address of the person responsible for regulatory
				contacts and customer dispute resolution;
C. merger of the carrier with another
				carrier;
D. acquisition of the
				carrier by another carrier;
E.
				acquisition by the carrier of another carrier;
F. transfer of the carrier 's
				certificate;
G. transfer of a
				significant portion of the carrier 's assets to another carrier; and
H. any other change in control of the
				carrier.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 19 - EXPEDITED PROCEDURES FOR COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 17.11.19.15 - DISCONTINUANCE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior
				to discontinuing service, a CLEC shall:
(1)
				no later than thirty days prior to discontinuing service, file with the
				Commission a notice of discontinuance of service showing:
(a) the number of customers affected;
				and
(b) the form of notice to be
				given to each customer.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 19 - EXPEDITED PROCEDURES FOR COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 17.11.19.16 - TARIFF CHANGES, PROMOTIONS, AND NEW SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Filing requirements.
Whenever a CLEC proposes to change its tariff to include a new service or
				promotion, or to change any of the rates, charges, terms and conditions in its
				tariff, it shall file with the Commission an original and five (5) copies of
				the proposed tariff changes at least ten (10) business days prior to their
				implementation. A CLEC shall include in its filing a sequentially numbered
				Transmittal Letter (e.g., 2000-1, 2000-2, etc.) containing a description of the
				proposed tariff changes. The proposed tariff changes shall comply with all
				applicable Commission rules. The tariff changes may go into effect after ten
				(10) business days, unless staff notifies the CLEC within ten (10) business
				days of its concerns regarding the proposed tariff changes. If staff and the
				CLEC are able to resolve staff's concerns, the proposed tariff changes may go
				into effect and no public hearing shall be required.
B.
Staff protests.
If staff and
				the CLEC are unable to resolve staff's concerns, staff shall file a protest
				with the Records Management Bureau of the Administrative Services Division, and
				the proposed tariff change shall not go into effect. The Records Management
				Bureau shall assign a docket number to staff's protest. Staff's protest shall
				include a case caption and a heading that states "Staff Protest." The protest
				shall include as an attachment the proposed tariff changes filed by the CLEC
				and any additional information furnished to staff by the CLEC. The CLEC shall
				have the burden of showing, after notice and a public hearing, why the proposed
				new service, promotion, or tariff change is in the public interest.
C.
Electronic filing
				requirements.
On the same day it files paper copies of the proposed
				tariff changes with the Commission, the CLEC shall also submit an electronic
				copy of the Transmittal Letter containing the identity of the
				telecommunications company, a summary of the proposed new service, promotion or
				tariff change, and its effective date. The Commission may prescribe additional
				form, content, manner of filing, or other requirements.
D.
Notice to customers.
The
				CLEC shall provide notice of a rate change to affected customers in the first
				bill mailed to the customer following the effective date of the
				change.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 19 - EXPEDITED PROCEDURES FOR COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 17.11.19.17 - CONTRACT FILING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A CLEC that offers intrastate telecommunications services under contract shall
				file a notice of contract with the Commission within ten (10) calendar days of
				concluding contract negotiations. The notice shall include:
(1) the name of the CLEC offering the
				service;
(2) the name and address
				of the customer;
(3) a summary of
				the contract containing a description of the services to be offered and the
				prices, terms and conditions for the offered services; and
(4) a statement confirming that the prices to
				be charged for the regulated telecommunications services cover the
				Commission-defined cost of providing the service and represent a competitive
				offer.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 20 - EXPEDITED INTER-CARRIER COMPLAINT PROCEDURES › Section 17.11.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  8-8-4,
				  8-8-15,
				  and
				  63-9A-8.2.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 20 - EXPEDITED INTER-CARRIER COMPLAINT PROCEDURES › Section 17.11.20.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2001, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 20 - EXPEDITED INTER-CARRIER COMPLAINT PROCEDURES › Section 17.11.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish expedited complaint
				  procedures for resolving disputes between carriers.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 20 - EXPEDITED INTER-CARRIER COMPLAINT PROCEDURES › Section 17.11.20.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule:
A. carrier means any person that furnishes
				telecommunications service to the public subject to the jurisdiction of the
				Commission, regardless of the facilities used and regardless of whether the
				person relies in part or entirely on another carrier's facilities.
B. telecommunications provision includes the
				New Mexico Telecommunications Act, NMSA 1978 Section
				63-9A-1 et
				seq.; any order or rule of the Commission issued pursuant to the New Mexico
				Telecommunications Act; the federal Telecommunications Act of 1996,
				Pub. L. No.
				104-104, 110 Stat. 56 (1996) and related Federal
				Communications Commission regulations and orders; a tariff or price list filed
				with the Commission; or a contract or interconnection agreement between
				carriers.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 20 - EXPEDITED INTER-CARRIER COMPLAINT PROCEDURES › Section 17.11.20.8 - EXCEPTION

Current through Register Vol. 35, No. 13, July 16, 2024
The procedure established in this rule is an exception to
				  17.1.2.17 and 17.1.2.18 NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 20 - EXPEDITED INTER-CARRIER COMPLAINT PROCEDURES › Section 17.11.20.9 - RIGHT TO FILE EXPEDITED COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to NMSA 1978 Section
				  8-8-12.1,
				  any carrier may file an expedited complaint with the Commission setting forth
				  any act or omission by another carrier alleged to be in violation of any
				  telecommunications provision or otherwise adversely affecting quality of
				  service between carriers.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 20 - EXPEDITED INTER-CARRIER COMPLAINT PROCEDURES › Section 17.11.20.10 - NOTICE OF INTENT TO FILE EXPEDITED COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
At least ten (10) calendar days prior to filing an expedited
				  complaint with the Commission, the complainant carrier shall provide written
				  notice to the Commission and the respondent carrier that the complainant
				  carrier intends to file an expedited complaint. The notice of intent to file an
				  expedited complaint must:
A. identify
				the telecommunications provision that the complainant carrier alleges was
				violated by the respondent carrier's act or omission and specifically describe
				how the respondent carrier's conduct or failure to act allegedly violates the
				telecommunications provision; or
B.
				identify the telecommunications service that the complainant carrier alleges
				was adversely affected by the respondent carrier's act or omission and
				specifically describe how the respondent carrier's conduct or failure to act
				adversely affects the provision of telecommunications service between carriers;
				and
C. be delivered and served in
				the manner set forth in 17.11.20.12 NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 20 - EXPEDITED INTER-CARRIER COMPLAINT PROCEDURES › Section 17.11.20.11 - CONTENTS OF EXPEDITED COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
The expedited complaint shall clearly state that it is filed
				  pursuant to this rule and shall conform to the requirements of 17.1.2 NMAC,
				  Utility Division Procedures, governing pleadings. The expedited complaint must
				  also:
A. contain a statement,
				including specific facts, demonstrating that the complainant carrier engaged in
				good faith negotiations with the respondent carrier to resolve the
				disagreement, and that the parties failed to resolve the issue;
B. contain a copy of the telecommunications
				provision that the complainant carrier contends is being violated, or a
				statement explaining how the respondent carrier's act or omission is adversely
				affecting quality of service between carriers;
C. set forth facts demonstrating failure to
				comply with the telecommunications provision, or facts demonstrating conduct
				adversely affecting quality of service between carriers. The factual statement
				must be supported by one or more affidavits, declarations or other sworn
				statements, made by persons having personal knowledge of the relevant facts;
				and
D. certify that written notice
				of intent to file an expedited complaint was delivered and served in the manner
				set forth in 17.11.20.12 NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 20 - EXPEDITED INTER-CARRIER COMPLAINT PROCEDURES › Section 17.11.20.12 - SERVICE OF NOTICE OF INTENT AND COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
The complainant carrier shall, on or before the respective
				  dates the notice of intent and expedited complaint are filed with the
				  Commission:
A. deliver the notice of
				intent or expedited complaint to the respondent carrier's authorized
				representative, attorney of record, or designated agent for service of process;
				and
B. serve the notice of intent
				or expedited complaint on:
(1) the respondent
				carrier's representatives with whom the complainant carrier conducted the
				negotiations required by subsection A of 17.1.2.16 NMAC; and
(2) all parties designated in the
				interconnection agreement to receive notices.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 20 - EXPEDITED INTER-CARRIER COMPLAINT PROCEDURES › Section 17.11.20.13 - ANSWER

Current through Register Vol. 35, No. 13, July 16, 2024
The respondent carrier shall satisfy, answer or otherwise
				  respond to the expedited complaint within ten (10) calendar days of the date
				  the expedited complaint is delivered. The answer shall be filed with the
				  Commission and delivered to the complainant carrier on the same
				  day.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 20 - EXPEDITED INTER-CARRIER COMPLAINT PROCEDURES › Section 17.11.20.14 - PRE-HEARING CONFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Commission, or a hearing examiner designated by the Commission, shall hold a
				pre-hearing conference no later than fifteen (15) calendar days after the date
				the expedited complaint was filed. At the discretion of the presiding officer,
				the pre-hearing conference may be conducted by telephone.
B. The presiding officer shall determine
				whether the issues raised in the expedited complaint can be decided based on
				the pleadings and submissions, or whether further proceedings are
				necessary.
C. If the presiding
				officer determines that further proceedings are necessary, the presiding
				officer shall establish a schedule for receiving additional facts or evidence
				and may, in his or her discretion, schedule a hearing to explore the facts and
				issues raised in the expedited complaint and the answer. If the presiding
				officer determines a hearing is necessary, he or she shall schedule the hearing
				for no later than thirty (30) calendar days from the date the expedited
				complaint was filed.
D. The
				presiding officer may rule on any motions and schedule any discovery necessary
				in the proceeding.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 20 - EXPEDITED INTER-CARRIER COMPLAINT PROCEDURES › Section 17.11.20.15 - RECOMMENDED DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing examiner shall issue a recommended decision
				  within forty-five (45) calendar days after the date the expedited complaint was
				  filed. The parties may file exceptions to the recommended decision on a
				  schedule established by the hearing examiner.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 20 - EXPEDITED INTER-CARRIER COMPLAINT PROCEDURES › Section 17.11.20.16 - COMMISSION DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
The Commission shall issue a final decision containing
				  findings of fact and conclusions of law within sixty (60) calendar days after
				  the date the expedited complaint was filed.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 20 - EXPEDITED INTER-CARRIER COMPLAINT PROCEDURES › Section 17.11.20.17 - EXTENSION OF TIME FOR GOOD CAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
For good cause shown, the Commission or hearing examiner may
				  extend the time for resolution of a complaint filed pursuant to this rule
				  beyond sixty (60) days. An order for extension of time shall state with
				  specificity the reasons for and length of the extension. Any such extension
				  may, if appropriate, also include extensions of any other procedural deadlines
				  established by this rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 20 - EXPEDITED INTER-CARRIER COMPLAINT PROCEDURES › Section 17.11.20.18 - JOINDER AND CONSOLIDATION

Current through Register Vol. 35, No. 13, July 16, 2024
The Commission may allow joinder or consolidation in one
				  hearing of all matters upon which the expedited complaint is founded. However,
				  an expedited complaint shall not be defective for misjoinder or nonjoinder of
				  parties or causes.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 21 - EXPEDITED PROCEDURES FOR INTRASTATE LONG DISTANCE PROVIDERS › Section 17.11.21.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all carriers providing intrastate long
				  distance telecommunications services in New Mexico except incumbent local
				  exchange carriers with fewer than 50,000 access lines. Procedures for these
				  carriers are provided in 17.11.9 NMAC, Retail Rate Filing Procedures for
				  Incumbent Rural Telecommunications Carriers.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 21 - EXPEDITED PROCEDURES FOR INTRASTATE LONG DISTANCE PROVIDERS › Section 17.11.21.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  8-8-4,
				  63-7-1.1,
				  63-9A-8,
				  and
				  63-9A-8.1.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 21 - EXPEDITED PROCEDURES FOR INTRASTATE LONG DISTANCE PROVIDERS › Section 17.11.21.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2001, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 21 - EXPEDITED PROCEDURES FOR INTRASTATE LONG DISTANCE PROVIDERS › Section 17.11.21.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish expedited procedures
				  for certificating intrastate long distance providers and modifying intrastate
				  long distance tariffs.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 21 - EXPEDITED PROCEDURES FOR INTRASTATE LONG DISTANCE PROVIDERS › Section 17.11.21.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in NMSA 1978 Section
				  63-9A-3,
				  as used in this rule:
A. carrier means
				any person that furnishes telecommunications service to the public subject to
				the jurisdiction of the Commission, regardless of the facilities used and
				regardless of whether the person relies in part or entirely on another
				carrier's facilities.
B.
				certificate of registration means the operating authority issued by the
				Commission for the provision of intrastate long distance telecommunications
				services in New Mexico.
C.
				incumbent local exchange carrier (ILEC) means person, or an affiliate of a
				person, that was authorized to provide local exchange service in New Mexico on
				February 8, 1996, or a successor or assignee of the person or affiliate. A
				carrier will also be treated as an ILEC if the Federal Communications
				Commission determines that such provider, or class or category of carrier,
				shall be treated as an ILEC pursuant to
				47 U.S.C. Section
				251(h)(2). An ILEC shall be
				considered an IXC for purposes of this rule to the extent it provides
				intrastate long distance telecommunications service or local exchange service
				outside its service area, as defined by the Commission.
D. interexchange carrier (IXC) means a
				telecommunications carrier providing intrastate long distance
				telecommunications service that has no common ownership interest, unless
				through a separate subsidiary, with an incumbent local exchange carrier
				providing telecommunications service in New Mexico.
E. promotion means a means a special rate for
				a service provided by an intrastate long distance provider which is available
				for a limited period of time, and may include rebates, price reductions, or
				waivers of charges in conjunction with common business practices such as market
				trials or other sales-related activities.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 21 - EXPEDITED PROCEDURES FOR INTRASTATE LONG DISTANCE PROVIDERS › Section 17.11.21.8 - CONFLICTS

Current through Register Vol. 35, No. 13, July 16, 2024
In the event any provision of this rule conflicts with a
				  provision of 17.11.4 NMAC, Registration Requirements for Resold Intrastate Long
				  Distance Telecommunications Services and Intrastate Operator Services, the
				  provisions of this rule shall control.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 21 - EXPEDITED PROCEDURES FOR INTRASTATE LONG DISTANCE PROVIDERS › Section 17.11.21.9 - CERTIFICATE OF REGISTRATION REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. No person shall offer intrastate long
				distance telecommunications services in New Mexico without having first
				obtained a certificate of registration from the Commission to provide such
				service.
B. Any person seeking to
				provide intrastate long distance telecommunications services in New Mexico
				shall file an application with the Commission for a certificate of registration
				in accordance with the provisions of this rule.
C. All certificates of public convenience and
				necessity and certificates of registration issued by the Commission prior to
				January 1, 2001 shall be continued and shall have the same force and effect as
				certificates of registration issued pursuant to this rule.
D. A holder of a certificate of public
				convenience and necessity or a certificate of registration that intends to
				cease providing continuous and adequate service to the public must comply with
				the provisions of this rule regarding discontinuance of service.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 21 - EXPEDITED PROCEDURES FOR INTRASTATE LONG DISTANCE PROVIDERS › Section 17.11.21.10 - PENDING APPLICATIONS AND TARIFF CHANGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All applications for certificates of
				registration filed by IXCs pursuant to 17.11.4 NMAC, Registration Requirements
				for Resold Intrastate Long Distance Telecommunications Services and Intrastate
				Operator Services, pending as of the effective date of this rule shall be
				deemed applications for certificates of registration filed pursuant to this
				rule.
B. All proposed tariff
				changes filed pursuant to 17.11.4 NMAC, Registration Requirements for Resold
				Intrastate Long Distance Telecommunications Services and Intrastate Operator
				Services, pending as of the effective date of this rule shall be deemed
				proposed tariff changes filed pursuant to this rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 21 - EXPEDITED PROCEDURES FOR INTRASTATE LONG DISTANCE PROVIDERS › Section 17.11.21.11 - CONTENTS OF APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
An application for a certificate of registration to provide
				  intrastate long distance telecommunications services must contain:
A. the name, address, and telephone number of
				the applicant;
B. the name, address
				and telephone number of the person responsible for regulatory contacts and
				customer dispute resolution on behalf of the applicant;
C. a description of the applicant's existing
				operations and general service and operating areas in any other
				jurisdictions;
D. a list of the
				applicant's parent, subsidiary, and affiliated companies, together with the
				principal addresses and telephone numbers of each;
E. a general description of the facilities
				and equipment that will be used to provide services, including whether the
				service will be offered on a facilities basis, a resale basis, or a combination
				of both;
F. a statement that the
				applicant is aware of and will comply with the Commission's rules, particularly
				17.11.8 NMAC, Slamming and Cramming Protection;
G. disclosure of any formal actions against
				it by any court or state or federal regulatory agency that resulted in any type
				of penalty or sanctions within the five (5) years prior to the date of filing
				application. If such action has occurred, the applicant shall file a report
				regarding such action and any remedial actions taken;
H. if the applicant is a corporation,
				evidence that the applicant is authorized by the corporations bureau of the
				Commission to do business in New Mexico and that it is in good corporate
				standing in New Mexico;
I. if the
				applicant is other than a corporation, a description of the form of ownership,
				the names and addresses of all principal owners and managers, the applicant's
				agent for service of process in New Mexico, and the date the business entity
				was created;
J. initial tariffs or
				price lists for regulated telecommunications services, including a narrative
				description of the services to be offered and the geographic area and markets
				to be served. Initial tariffs shall not contain misleading, potentially
				misleading, deceptive, or fraudulent names, rates, terms or conditions;
				and
K. if the applicant is a
				regulated carrier, any other information the Commission may reasonably require
				to accomplish the purposes of this rule..
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 21 - EXPEDITED PROCEDURES FOR INTRASTATE LONG DISTANCE PROVIDERS › Section 17.11.21.12 - COMMISSION PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
Staff shall review an application for a certificate of
				  registration within thirty (30) calendar days after filing to determine whether
				  it is complete. If the application is incomplete, staff will return it to the
				  applicant. If the application is complete, the Director of the Utility
				  Division, or his designee, shall issue a certificate of registration if he
				  finds that the applicant is fit to provide intrastate long-distance
				  telecommunications services, and that issuance of the certificate of
				  registration is in the public interest.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 21 - EXPEDITED PROCEDURES FOR INTRASTATE LONG DISTANCE PROVIDERS › Section 17.11.21.13 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
An intrastate long distance provider shall file an annual
				  report with the Commission by April 1 of each year, unless a different date is
				  ordered by the Commission, updating the information required by subsections A
				  through I of
				  17.11.21.11
				  NMAC in the time, manner and form prescribed by the
				  Commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 21 - EXPEDITED PROCEDURES FOR INTRASTATE LONG DISTANCE PROVIDERS › Section 17.11.21.14 - TRANSFER OF CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				holder of a certificate of registration to provide intrastate long distance
				telecommunications services in New Mexico seeking to transfer the certificate
				to another person shall first apply to the Commission for approval of the
				transfer.
B. The Commission shall
				approve an application for transfer of a certificate of registration upon
				receipt of a completed application and a copy of the tariff proposed to take
				effect upon approval of the transfer. The application shall meet the
				requirements of 17.11.21.11 NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 21 - EXPEDITED PROCEDURES FOR INTRASTATE LONG DISTANCE PROVIDERS › Section 17.11.21.15 - NOTICE OF CHANGE IN CIRCUMSTANCES

Current through Register Vol. 35, No. 13, July 16, 2024
An intrastate long distance provider shall notify the
				  Commission in writing prior to any change in circumstances, including, but not
				  limited to:
A. a change in the
				intrastate long distance provider 's name, address or phone number;
B. a change in the name, address or phone
				number of the person responsible for regulatory contacts and customer dispute
				resolution;
C. merger of the
				intrastate long distance provider with another carrier;
D. acquisition of the intrastate long
				distance provider by another carrier;
E. acquisition by the intrastate long
				distance provider of another carrier;
F. transfer of the intrastate long distance
				provider 's certificate;
G.
				transfer of a significant portion of the intrastate long distance provider 's
				assets to another carrier; and
H.
				any other change in control of the intrastate long distance provider.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 21 - EXPEDITED PROCEDURES FOR INTRASTATE LONG DISTANCE PROVIDERS › Section 17.11.21.16 - DISCONTINUANCE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior
				to discontinuing service, an intrastate long distance provider shall:
(1) no later than thirty (30) days prior to
				discontinuing service, file with the Commission a notice of discontinuance of
				service showing:
(a) the number of customers
				affected; and
(b) the form of
				notice to be given to each customer.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 22 - QUALITY OF SERVICE › Section 17.11.22.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all local exchange carriers, except
				  incumbent rural telecommunications carriers, authorized by the commission to
				  provide retail telecommunications services in New Mexico, except that
				  17.11.22.18
				  NMAC applies to all carriers offering operator assistance in New Mexico.
A. Where the commission has approved an
				alternative form of regulation plan for an ILEC, and a provision in the
				approved plan is inconsistent with a provision in this rule, the provision in
				the approved plan shall apply.
B.
				Where the commission has approved an alternative form of regulation plan for an
				ILEC, and the approved plan is silent with respect to the subject matter of a
				provision in this rule, the provision in this rule shall apply.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 22 - QUALITY OF SERVICE › Section 17.11.22.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  8-8-4,
				  8-8-15,
				  63-9A-8.2,
				  63-9B-4,
				  and
				  63-9B-6.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 22 - QUALITY OF SERVICE › Section 17.11.22.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish standards,
				  procedures, reporting requirements, penalties, and customer credits to ensure
				  that carriers provide telecommunications services to retail customers at an
				  adequate quality of service level and in a manner consistent with the promotion
				  of universal service.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 22 - QUALITY OF SERVICE › Section 17.11.22.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule:
A.
access line
means a dial
				tone line that provides local exchange service from a carrier's switching
				equipment to a point of termination at the customer's network
				interface;
B.
answer
means a company representative is ready to assist the customer or is ready to
				accept information necessary to process the call;
C.
basic local exchange service
means the customer's voice grade access to the public switched network, dual
				tone multifrequency (DTMF) signaling or its functional equivalent, and access
				to emergency services (911 and E-911), operator services, toll services,
				directory assistance, and toll blocking services for qualifying low income
				customers;
D.
busy
				hour
means the uninterrupted period of sixty (60) minutes during the day
				when traffic is at a maximum;
E.
carrier
means any person that furnishes telecommunications
				service to the public subject to the jurisdiction of the commission, regardless
				of the facilities used and regardless of whether the person relies in part or
				entirely on another carrier's facilities;
F. circumstances beyond the reasonable
				control of an ILEC means delays caused by:
(1) a vendor in the delivery of necessary
				equipment or supplies, where the ILEC has made a timely order of the equipment
				or supplies;
(2) local or tribal
				government entities in approving easements or access to rights-of-way, where
				the ILEC has made a timely application for such approval;
(3) the customer;
(4) negligent or willful misconduct by third
				parties not in privity with the ILEC; or
(5) force majeure (meaning causes which are
				outside the control of the ILEC and could not be avoided by the exercise of due
				care, including but not limited to terrorism, explosions, fires, floods, severe
				storms, epidemics, civil unrest, wars, injunctions, strikes, work stoppages,
				and other emergencies and catastrophes);
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 22 - QUALITY OF SERVICE › Section 17.11.22.9 - OUTAGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A LEC shall
				report outages affecting more than one thousand five hundred (1500) customers
				and lasting longer than thirty (30) minutes to the consumer relations division
				of the commission by telephone, facsimile, e-mail, or in person within ninety
				(90) minutes of the onset of the outage, or, for outages not occurring during
				business hours, at the start of the next business day.
B. A LEC shall submit a subsequent written
				report stating the location, duration, number of customers affected, cause and
				corrective action taken. Both the initial and subsequent outage reports shall
				state whether 911 circuits were affected.
C. A LEC shall file on a quarterly basis a
				record of each outage in the preceding three (3) months for which the LEC was
				unable to provide emergency service and an explanation of why emergency service
				was unavailable.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 22 - QUALITY OF SERVICE › Section 17.11.22.10 - PROVISION OF SERVICE DURING MAINTENANCE OR EMERGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Emergency procedures.
Each
				ILEC and facilities-based CLEC shall establish, and instruct its employees
				regarding, procedures for preventing or mitigating interruption to or
				impairment of telecommunications service in emergencies resulting from power
				failures, sudden and prolonged increases in traffic, illness of operators, or
				force majeure. ILECs and facilities-based CLECs shall file written plans
				detailing their emergency procedures with the telecommunications bureau of the
				commission no later than sixty (60) days after certification by the commission.
				Any changes to the plan shall be filed with the telecommunications bureau of
				the commission within thirty (30) days of the change.
B.
Reserve power requirements.
ILECs and facilities-based CLECs shall maintain in each local wire center, toll
				switching office, and tandem switching office a minimum of four (4) hours of
				battery reserve rated for peak traffic load requirements and shall:
(1) install a permanent auxiliary power unit
				in toll and tandem switching offices and in wire centers serving 10,000 or more
				access lines;
(2) have available a
				mobile power unit which normally can be delivered and connected within four (4)
				hours or the time limit of the available battery reserve for wire centers
				serving fewer than 10,000 lines.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 22 - QUALITY OF SERVICE › Section 17.11.22.11 - ACCESS TO AND AUDIT OF DATA

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise authorized by the commission, a LEC shall
				  make all records required by this rule available to the commission, staff, or
				  its authorized representatives at any time upon reasonable notice. A LEC shall
				  make customer proprietary network information available to the commission to
				  the extent allowed by law. A LEC shall retain records of reports, measurements,
				  summaries, and backup information for at least two (2) years. The commission or
				  staff may periodically audit a LEC's quality of service data.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 22 - QUALITY OF SERVICE › Section 17.11.22.12 - INSTALLATION OF BASIC LOCAL EXCHANGE SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Order tracking.
At the time
				of each service order, a LEC shall provide to each applicant for basic local
				exchange service a unique indicator that will permit an applicant to track and
				verify the order.
B. Premises
				within 1000 feet of distribution terminal.
(1)
				Whenever an ILEC receives an application for installation of a primary local
				exchange line for a premises that is within 1000 feet of a distribution
				terminal, the ILEC shall provision service within five (5) business days of
				receipt of the service request, or by such later date as the customer may
				request.
(2) When an ILEC cannot
				fill an order for a primary local exchange line within ten (10) business days
				of receipt of the order, it shall provide written notice to the customer noting
				the date of the service order and stating the expected installation date and
				the reason for the delay. This notice must be postmarked within ten (10)
				business days of the date the service order is received by the ILEC. The ILEC
				shall promptly notify the customer of any changes in the expected installation
				date.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 22 - QUALITY OF SERVICE › Section 17.11.22.13 - ALTERNATIVE SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
An ILEC shall provide alternative service to a customer whose
				  order is held, unless the customer was the cause of the delay.
A. Where wireless phone service or equivalent
				service is available, an ILEC shall offer to pay for the customer to receive
				such service.
(1) The ILEC shall cover all
				nonrecurring charges, including charges for the wireless handset, all monthly
				recurring charges, and unlimited local calling until the ILEC completes the
				service request. The ILEC may supply the customer with a wireless handset and a
				prearranged service plan or a voucher to obtain the same from a third
				party.
(2) The customer shall be
				responsible for paying roaming and long distance charges.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 22 - QUALITY OF SERVICE › Section 17.11.22.14 - INSTALLATION OF DESIGNED SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Confirmation of service
				order.
Within three (3) business days of receipt of a customer's order
				for designed services, an ILEC shall notify the customer of the proposed
				installation date and the customer's remedies for the ILEC's failure to meet
				the proposed installation date.
B.
Held order standard.
An ILEC shall complete eighty-five (85)
				percent of installations for designed services in accordance with the
				installation intervals set forth in subsections C and D of this
				section.
C.
Installation
				interval - facilities available.
Where facilities exist, the
				installation interval shall be ten (10) business days.
D.
Installation interval - new
				facilities required.
Where new facilities are needed to provide designed
				service, the ILEC shall install the service within forty-five (45) calendar
				days, unless the customer requests a later date. If the order is not completed
				within forty-five (45) calendar days or the later date requested by the
				customer, the customer shall receive a credit of the nonrecurring charge except
				when the ILEC can establish that delay was caused by circumstances beyond its
				reasonable control.
(1) When the delay is
				caused by circumstances beyond the ILEC's reasonable control and the commission
				has granted a waiver of the held order standard pursuant to 17.11.22.25 NMAC,
				the period of delay shall be added to the time period allowed for installation
				of the service.
(2) An ILEC shall
				report any case in which it claims the delay is caused by circumstances beyond
				the reasonable control of the ILEC to the affected customer who shall have the
				right to challenge the exception.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 22 - QUALITY OF SERVICE › Section 17.11.22.15 - OUT-OF-SERVICE CREDITS FOR DESIGNED SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. When service is out for the designated
				time period, then unless the customer caused the out-of-service condition, an
				ILEC shall credit the stated amount to the customer's account, unless otherwise
				determined by customer contract.
Period out of service, in clock hours, whether
							 continuous or discontinuous
Credit for DS-1 services
Credit for DS-3 services
Credit for ISDN-BRI services
Less than 4 hours in a 12 hour period
no credit
no credit
no credit
4 to 8 hours in a 24 hour period
$120
$1000
no credit
8 to 16 hours in a 36 hour period
$210
$2100
no credit
16 to 24 hours in a 48 hour period
$240
$2400
no credit
24 to 48 hours in a 60 hour period
$300
$3000
$10 per day
More than 48 hours in a 72 hour period
The greater of $420 or 100% of the total monthly
							 recurring charge
The greater of $4000 or 100% of the total monthly
							 recurring charge
$10 per day
B.
				Whenever an ILEC fails to repair an out-of-service condition for DS-1 or DS-3
				service within twenty-four (24) clock hours of notification, it shall credit
				the pro rata cost of the circuit and trunks to the customer's
				account.