New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 25 - CONSUMER PROTECTION STANDARDS APPLICABLE TO LARGE INCUMBENT LOCAL EXCHANGE CARRIERS › Section 17.11.25.19 - REQUIREMENTS PRIOR TO DISCONTINUANCE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
15 day notice.
If prior
				notice is required, at least 15 days before a LILEC discontinues basic local
				exchange service to a customer, the LILEC shall mail written notice to the
				customer stating its intent to discontinue service and setting forth the
				customer's rights regarding discontinuance of service. The notice shall be in
				English and Spanish, shall be dated, and shall be in simple, nontechnical
				language. The notice shall be sent by U.S. Mail, postage prepaid, to the last
				address for the customer known to the LILEC. A fifteen-day notice of
				discontinuance shall contain:
(1) the
				toll-free telephone number and working hours of LILEC personnel responsible for
				administering the procedures in this section;
(2) the amount owed and the specific date
				service will be discontinued unless the customer pays the amount due or makes
				other arrangements with the LILEC concerning payment of the charges; upon
				request, the LILEC shall provide information to the customer concerning the
				outstanding charges, including the dates of the service interval over which the
				outstanding charges were incurred and the date and amount of the last
				payment;
(3) a statement that basic
				local exchange service cannot be discontinued for failure to pay charges for
				toll or discretionary services;
(4)
				a statement that, if the customer pays the portion of the bill which the
				customer does not dispute, the LILEC shall review the portion of the bill which
				the customer does dispute;
(5) a
				statement that a customer may file a complaint with the consumer relations
				division of the commission if the customer disagrees with the LILEC's
				determination concerning discontinuance of service;
(6) a statement in capital letters of the
				cost of reconnection;
(7) for
				residential customers, a statement that:
(a)
				the LILEC will not discontinue basic local exchange service to a residence
				where a seriously or chronically ill person resides, or will re-establish
				service to such a residence, if, at least two days prior to the proposed
				service discontinuance date specified in the notice:
(i) the LILEC receives a medical
				certification, valid for 90 days, on the form prescribed by the commission in
				17.11.16.33
				NMAC or a substantially similar form, from a medical professional stating that
				discontinuance of service might endanger the customer's life or
				health;
(ii) the LILEC receives a
				financial certification, valid for 90 days, on the form prescribed by the
				commission in
				17.11.16.34
				NMAC or a substantially similar form, from the customer stating that the
				customer does not have the financial resources to pay the charges for
				telecommunications services; and
(iii) the residential customer enters into a
				payment plan with the LILEC.
(b) if service has been discontinued, the
				LILEC shall reestablish service within 12 hours after the residential customer
				has satisfied the requirements of Item (i) of Subparagraph (a) through item
				(iii) of Subparagraph (a) of Paragraph (7) of this Subsection;
(c) the residential customer will not be
				relieved of the obligation to pay for services rendered if service is continued
				or reestablished under the provisions of this paragraph; and
(d) timely delivery by a residential customer
				to the LILEC of duly executed medical certification and financial certification
				forms shall be adequate to delay discontinuance of service for at least 90 days
				and that the LILEC may, in its discretion, delay the discontinuance for a
				longer period.
(8) for
				residential customers, blank copies or website addresses of the medical
				certification form prescribed by the commission in
				17.11.16.33
				NMAC and the financial certification form prescribed by the commission in
				17.11.16.34
				NMAC, or substantially similar forms; these forms include an agreement to enter
				into a payment plan with the LILEC;
(9) for residential customers, the following
				statement in capital letters, "If you have difficulty paying this bill, and
				feel you may qualify for assistance from the low income telephone assistance
				program (LITAP), contact a customer service representative at (insert toll-free
				telephone number of the carrier's customer service department). You may obtain
				an application for the low income telephone assistance program at our billing
				offices or we can mail an application to you. You should return the completed
				application and proof that you meet the eligibility requirements for one or
				more need-based assistance programs administered by the human services
				department to us at (insert name and mailing address of carrier's office). If
				you do not have such proof, you should contact your local human services
				department income support division office or call the HSD customer help desk at
				its toll free telephone number for information on how to obtain proof of
				eligibility."