reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 4 - REGISTRATION REQUIREMENTS FOR RESOLD INTRASTATE LONG DISTANCE TELECOMMUNICATIONS SERVICES AND INTRASTATE OPERATOR SERVICES › Section 17.11.4.17 - NOTICE OF PROPOSED AGENCY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
The Commission shall set aside a certain day each month to
				  hear a trailing docket which will contain items included in the notice of
				  proposed agency action. The notice of proposed agency action shall be issued at
				  least thirty days prior to the hearing. The commission's chief clerk shall
				  cause the notice of proposed action to be published in a newspaper of general
				  circulation and to be sent to a service list designated for that purpose. A
				  person contesting the proposed agency action must file a written objection to
				  the proposed agency action specifying the basis for such objection with the
				  commission's chief clerk within ten business days of the issuance of the notice
				  of proposed agency action. An original and five copies of the objection must be
				  filed with the commission's chief clerk and the objection must also be served
				  upon the reseller or operator services provider seeking a certificate of
				  registration. The person contesting the certification of the reseller or
				  operator services provider shall have the burden of showing why the proposed
				  agency action is not in the public interest. The hearing officer shall
				  determine whether there is good cause for further commission consideration of
				  the contested matter or if the objection should be dismissed and the
				  certificate of registration issued. Upon a showing of good cause and at the
				  discretion of the hearing officer, a separate docket subject to notice and
				  hearing requirements contained in the commission's rules of procedure may be
				  established for further commission consideration of the contested
				  matter.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 4 - REGISTRATION REQUIREMENTS FOR RESOLD INTRASTATE LONG DISTANCE TELECOMMUNICATIONS SERVICES AND INTRASTATE OPERATOR SERVICES › Section 17.11.4.18 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section of this rule, or the applicability of any
				  section to any person, telecommunications provider, aggregator, operator
				  service provider, reseller or circumstance, is for any reason held invalid by a
				  court, the remainder of the rule, or the applicability of such provisions to
				  other persons, telecommunications providers, aggregators, operator service
				  providers, resellers or circumstances, shall not be affected.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Corporation Commission [New Mexico Public
				  Regulation Commission].
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons or entities that provide
				  local exchange telecommunications services within the State of New
				  Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.3 - AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for this rule derives from Article 11 of the New
				  Mexico Constitution and the federal Telecommunications Act of
				  1996.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall take effect November 15,
				  1996.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.6 - OBJECTIVES

Current through Register Vol. 35, No. 13, July 16, 2024
The objectives of this rule are to impose requirements, on a
				  competitively neutral basis, necessary to ensure the continued quality of
				  telecommunications services and to safeguard consumer interests, and to protect
				  the public health, safety and welfare. Furthermore, the rule provides
				  appropriate regulations for the preservation and advancement of universal
				  service.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule, the following terms have the meanings
				  given here:
A. Act means the New
				Mexico Telecommunications Act, NMSA 1978,
				63-9A-1 et
				seq.
B. Certificate of operating
				authority means a certificate issued by the commission for the provision of
				local exchange telecommunications services within the State of New
				Mexico.
C. Certificate of financial
				and technical competency means a certification that an applicant is capable of
				providing service.
D. Commission
				means the New Mexico State Corporation Commission.
E. LEC means any person or entity that
				provides local exchange services.
F. Local exchange service means the
				transmission of public two-way switched communications furnished by a
				telecommunications company within a local exchange area, i.e., a geographic
				area encompassing one or more local communities, as described in maps, tariffs,
				or rate schedules filed with the commission, where local exchange rates
				apply.
G. 911 services means a
				basic or enhanced 911 system, as that term is defined in the Enhanced 911 Act,
				NMSA 1978,
				63-9D-1 et
				seq., which consists of a telephone service that automatically connects a
				person dialing the single three-digit number 911 to an established public
				safety answering point through normal telephone service facilities.
H. 1996 Act means the federal
				Telecommunications Act of 1996,
				47
				U.S.C. 151, et seq.
I. Notice of proposed agency action means a
				legally sufficient notification of action proposed to be taken by the
				commission.
J. Universal service
				means the definition of that term and associated principles of universal
				service as contained in the 1996 Act and as further defined in any rules and
				regulations promulgated by the Federal Communications Commission pursuant to
				the 1996 Act and by the commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.8 - CERTIFICATE REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				local exchange service shall be offered in this state without a certificate of
				financial and technical competency and a certificate of operating
				authority.
B. No certificate of
				operating authority will be issued by the commission unless the commission
				determines that an applicant's provision of telecommunications services under
				this rule is consistent with ensuring continuous quality of telecommunications
				services, safeguarding consumer interests, protecting the public health, safety
				and welfare and preserving and advancing universal service.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.9 - EXISTING CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY

Current through Register Vol. 35, No. 13, July 16, 2024
All certificates of public convenience and necessity issued
				  by the commission previous to the effective date of this rule shall continue in
				  full force and will have the same force and effect as the certificates of
				  operating authority described herein. Holders of certificates of public
				  convenience and necessity who wish to stop providing continuous and adequate
				  service to the public must first comply with this rule before discontinuing the
				  provision of telecommunications services.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.10 - PROCEDURES AND APPLICATION REQUIREMENTS FOR A CERTIFICATE OF FINANCIAL AND TECHNICAL COMPETENCY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person, corporation, municipal corporation, partnership or association
				proposing to operate as a LEC within this state shall first make application to
				the commission for a certificate of financial and technical competency. Such
				application shall conform to the provisions of this rule.
B. Any application for a certificate of
				financial and technical competency to provide local exchange telecommunications
				services must contain the following:
(1)
				Financial information detailing the applicant's financial resources that will
				support provision of local exchange services in a manner that ensures continued
				quality of telecommunications services and safeguards consumer and public
				interests. This includes the filing of:
(1)
				monthly balance sheets and monthly income statements of the applicant, or any
				affiliated entity of the applicant if that entity will provide the financial
				support for the local exchange services, covering the most recent twelve-month
				period available. If the company, or entity providing financial support to the
				applicant, does not keep monthly financial documentation as described above,
				then quarterly financial documents covering the most recent twelve-month period
				shall be provided to the commission in lieu thereof;
(2) the most recent audited year-end
				financial statement available. If the applicant does not maintain audited
				year-end financial statements, the applicant may provide an unaudited year-end
				financial statement together with a notarized verification from the applicant's
				chief financial officer, or person charged with financial responsibility for
				the company, attesting that the financial statement provided is a true and
				correct representation of the company's year-end financial position;
(3) a detailed description of what the
				financial information submitted signifies in terms of the applicant's ability
				to provide local exchange services within this state properly and continuously.
				This description shall detail applicant's current financial position and
				describe the financial trend of the applicant over the last twelve-month period
				and should be supported by specific references to the financial documents which
				were provided in conformance with subsections (1) and (2)
				above.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.11 - NOTICE OF PROPOSED AGENCY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
The Commission shall set aside a certain day each month to
				  hear a trailing docket which will contain items included in the notice of
				  proposed agency action. The notice of proposed agency action shall be issued at
				  least thirty days prior to the hearing. The commission's chief clerk shall
				  cause the notice of proposed agency action to be published in a newspaper of
				  general circulation and to be sent to a service list designated for that
				  purpose. A person contesting the proposed agency action must file a written
				  objection to the proposed agency action specifying the basis for such objection
				  with the commission's chief clerk within ten business days of the issuance of
				  the notice of proposed agency action. An original and five copies of the
				  objection must be filed with the commission's chief clerk and the objection
				  must also be served upon the applicant seeking a certificate of financial and
				  technical competency. The person contesting the issuance of the certificate of
				  financial and technical competency must state with particularity the basis for
				  the objection. The hearing officer shall determine whether there is probable
				  cause for further commission consideration of the applicant's financial and
				  technical competency to provide local exchange services or if the objection
				  should be dismissed, and the certificate of financial and technical competence
				  issued. Upon a showing of probable cause and at the discretion of the hearing
				  officer, a separate docket subject to notice and hearing requirements contained
				  in the commission's rules of procedure may be established for further
				  commission consideration of the contested matter.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.12 - PROCEDURES AND STANDARDS FOR CERTIFICATE OF OPERATING AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The applicant initiates the procedure for a certificate of
				  operating authority by filing its proposed tariffs with rates, terms and
				  conditions.
A. No applicant will have
				operating authority to provide local exchange services unless the commission
				determines, after notice and hearing, that the applicant's proposed services
				will:
(1) ensure continued quality of
				service;
(2) preserve and advance
				universal service;
(3) safeguard
				the rights of consumers;
(4)
				protect the public health, safety and welfare;
(5) protect the public interest; and
(6) provide service at rates that
				are just and reasonable.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.13 - TARIFF CHANGES AND NEW SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
Applications for changes of rates, charges, terms and
				  conditions contained in a LEC's tariff, and applications to provide new
				  services must be filed in the manner and format required by the commission and
				  must have the approval of the commission prior to use.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.14 - TRANSFER OF CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
A transfer of a certificate of operating authority shall be
				  approved after a hearing upon a showing of continued financial and technical
				  competency if the transfer is approved. An application for a transfer of a
				  certificate of operating authority must contain the proposed tariff (in the
				  format approved by the commission) that will be in place after the transfer and
				  include a statement that the LEC will meet the requirements set forth in
				  section 12 of this rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.15 - ASSIGNABILITY OF CERTIFICATES OF OPERATING AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Any certificate of operating authority or rights obtained
				  under any such certificate held, owned, or obtained by any entity, may be sold,
				  assigned, leased, or otherwise transferred only after the purchaser, assignee,
				  or lessee has complied with this rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.16 - NOTIFICATION OF CHANGE(S) IN CIRCUMSTANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Any entity holding a certificate of public convenience and
				  necessity or a certificate of operating authority for the provision of local
				  exchange services shall immediately notify the commission in writing of any
				  change(s) in circumstances, including, but not limited to, any of the
				  following:
(1) a change in the
				entity's name;
(2) a merger of the
				entity with another entity;
(3)
				acquisition of the entity by another entity;
(4) acquisition by the entity of another
				entity; and
(5) transfer of a
				significant portion of the entity's assets to another entity.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.17 - DISCONTINUANCE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
An entity holding a certificate of public convenience and
				  necessity or a certificate of operating authority to provide local exchange
				  telecommunications services shall do the following prior to discontinuing any
				  service in order to ensure continued quality of service and to protect consumer
				  interests:
A. No later than 90 days
				prior to discontinuing its service, the entity shall file with the commission a
				notice of proposed discontinuance of service containing the following
				information:
(1) The number of customers
				affected.
(2) The form of
				notification to be given to each customer.
(3) The total amount of deposits due to
				customers and the availability of such payment from the entity's escrow account
				for such deposits.
(4) Any
				outstanding debts to local exchange carriers or other carriers whose facilities
				and services are used to provide local exchange services.
(5) The arrangement for satisfying such debts
				to local exchange carriers or other carriers prior to and after discontinuance
				of service.
(6) The arrangements
				made for alternative LECs to serve the entity's local exchange service
				customers.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.18 - TERRITORY UNDER THREAT OF DISCONTINUANCE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
In the event that the commission determines that a given
				  territory in the State of New Mexico previously served by a LEC is likely to
				  lose local exchange service, the commission shall conduct a hearing to
				  determine what further steps should be taken to insure continuance of local
				  exchange service to the affected area.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.19 - FILING OF ANNUAL REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
Subsequent to receipt of a certificate of operating authority
				  from the commission, each certificated LEC shall file with the commission
				  annual reports of its local exchange service operating results within the State
				  of New Mexico by April 1st of each year. Such reports shall be based on
				  Generally Accepted Accounting Principles. Annual reports to be filed by LECs
				  shall contain all pertinent financial data of their operations as detailed in
				  this rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.5.20 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section of this rule, or the applicability of any
				  section to any person, telecommunications provider, LEC or circumstance, is for
				  any reason held invalid by a court, the remainder of the rule, or the
				  applicability of such provisions to other persons, telecommunications
				  providers, LECs or circumstances, shall not be affected.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Corporation Commission [New Mexico Public
				  Regulation Commission].
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all competitive access providers of
				  intrastate telecommunications services within the State of New
				  Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.3 - AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for this rule derives from Article 11 of the New
				  Mexico Constitution and the federal Telecommunications Act of
				  1996.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall take effect November 15,
				  1996.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.6 - OBJECTIVES

Current through Register Vol. 35, No. 13, July 16, 2024
The objectives of this rule are to impose requirements, on a
				  competitively neutral basis, necessary to ensure the continued quality of
				  telecommunications services and to safeguard consumer and public
				  interests.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule, the following terms have the meanings
				  given here:
A. Act means the New
				Mexico Telecommunications Act, NMSA 1978,
				63-9A-1 et
				seq.
B. Certificate of registration
				means a certificate of registration issued by the commission for the provision
				of competitive access services within the State of New Mexico.
C. Commission means the New Mexico State
				Corporation Commission.
D. CAP
				means competitive access provider which is an entity that provides
				telecommunications services to customers over its own facilities but does not
				provide switched local exchange service.
E. 1996 Act means the federal
				Telecommunications Act of 1996,
				47
				U.S.C. 151, et seq.
F. Notice of proposed agency action means a
				legally sufficient notification of action proposed to be taken by the
				commission.
G. Staff means the
				staff of the telecommunications department of the commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.8 - CERTIFICATE OF REGISTRATION REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. No telecommunications service shall be
				offered in this state except in accordance with the provisions of this
				rule.
B. No CAPservices shall be
				offered in this state without the provider thereof first having obtained a
				certificate of registration to provide such services from the
				commission.
C. No certificate of
				registration will be issued by the commission unless the commission determines
				that an applicant's provision of CAPservices under this rule is consistent with
				ensuring continuous quality of telecommunications services and safeguarding
				consumer interests.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.9 - EXISTING CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY

Current through Register Vol. 35, No. 13, July 16, 2024
All certificates of public convenience and necessity issued
				  by the commission previous to the effective date of this rule shall continue in
				  full force and will have the same force and effect as the certificates of
				  registration described herein. Holders of certificates of public convenience
				  and necessity who wish to stop providing continuous and adequate service to the
				  public must first comply with this rule before discontinuing telecommunications
				  services.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.10 - PROCEDURES FOR APPLICATION FOR A CERTIFICATE OF REGISTRATION TO PROVIDE CAPINTRASTATE TELECOMMUNICATIONS SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person, corporation, municipal
				corporation, partnership or association proposing to operate as a CAPwithin
				this state shall first make application to the commission for a certificate of
				registration. Such application shall conform to the provisions of this
				rule.
B. Any application for a
				certificate of registration to provide CAPtelecommunications services must
				contain the following:
(1) Financial
				information detailing the applicant's financial resources that will support
				provision of CAPservices in a manner that ensures continued quality of
				telecommunications services and safeguards consumer and public interests. This
				includes the filing of:
(1) monthly balance
				sheets and monthly income statements of the applicant, or any affiliated entity
				of the applicant if that entity will provide the financial support for the
				resold services, covering the most recent twelve-month period available. If the
				company, or entity providing financial support to the applicant, does not keep
				monthly financial documentation as described above, then quarterly financial
				documents covering the most recent twelve-month period shall be provided to the
				Commission in lieu thereof:
(2) the
				most recent audited year-end financial statement available. If applicant does
				not maintain audited year-end financial statements, the applicant may provide
				an unaudited year-end financial statement together with a notarized
				verification from the applicant's chief financial officer, or person charged
				with financial responsibility for the company, attesting that the financial
				statement provided is a true and correct representation of the company's
				year-end financial posture;
(3) a
				detailed description of what the financial information submitted signifies in
				terms of the applicant's ability to provide CAPservices within this state
				properly and continuously. This description shall detail the applicant's
				current financial posture and describe the financial trend of the applicant
				over the last twelve-month period and should be supported by specific
				references to the financial documents which were provided in conformance with
				Subsections (1) and (2) above.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.11 - PROVISION AND/OR USE OF FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant must furnish information with its application
				  describing in detail the facilities that it will furnish and use to provide the
				  proposed CAPservices. If an applicant plans to use the facilities of an
				  underlying carrier, it must identify such facilities by type and underlying
				  carrier.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.12 - PENDING APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE INTRASTATE CAPSERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
Applications for certificates of public convenience and
				  necessity to provide intrastate CAPservices within the State of New Mexico
				  still pending as of the effective date of this rule will be deemed applications
				  for certificates of registration to provide such services.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.13 - TRANSFER OF CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
An application for transfer of a certificate shall be
				  approved after a hearing pursuant to a notice of proposed agency action, upon a
				  showing of continued financial and technical competency and the filing, in a
				  format approved by the commission, of the proposed tariff that will be in place
				  after the transfer.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.14 - NOTIFICATION OF CHANGE(S) IN CIRCUMSTANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Any entity holding a certificate of public convenience and
				  necessity or a certificate of registration for the provision of CAPservices
				  shall immediately notify the commission in writing of any change(s) in
				  circumstances, including, but not limited to, the following:
(1) change in the entity's name,
(2) merger of the entity with another entity,
(3) acquisition of the entity by
				another entity,
(4) acquisition by
				the entity of another entity, and
(5) transfer of the entity's certificate or a
				significant portion of the entity's assets to another entity.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.15 - DISCONTINUANCE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
Any entity holding a certificate of public convenience and
				  necessity or a certificate of registration to provide CAPservices shall do the
				  following prior to discontinuing any service, in order to ensure continued
				  quality of service and to protect consumer interests:
A. No later than ninety days prior to
				discontinuing its service, the entity shall file with the commission a notice
				of discontinuance of service containing the following information:
(1) The number of customers
				affected.
(2) The form of
				notification to be given to each customer.
(3) Any outstanding debts to carriers whose
				facilities and services are used to provide CAPservices.
(4) The arrangement for satisfying such debts
				prior to and after discontinuance of service.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.16 - TARIFF CHANGES AND NEW SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Should an entity propose to change any of
				the rates, charges, terms and conditions contained in its tariff, it must file
				an original and five copies of the proposed modified tariff, in a format
				approved by the commission including a brief description of the changes, and
				their likely impact on the entity and its customers. The most recent rate
				approved by the commission after notice and hearing will be deemed the "base
				index rate" for each service on a going forward basis. Changes in rates that
				fall within a range of fifty percent below to twenty percent above the base
				index rate shall not require further notice and hearing for approval. The base
				index rate may be changed after a hearing pursuant to a notice of proposed
				agency action.
B. The rates,
				charges, terms and conditions for new services shall be reviewed expeditiously
				by staff. Following this review staff will either:
(1) request that a notice of proposed agency
				action be issued;
(2) request
				further information regarding the proposed changes; or
(3) issue a notice of inquiry regarding the
				proposed changes.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.17 - NOTICE OF PROPOSED AGENCY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
The Commission shall set aside a certain day each month to
				  hear a trailing docket which will contain items included in the notice of
				  proposed agency action. The notice of proposed agency action shall be issued at
				  least thirty days prior to the hearing. The commission's chief clerk shall
				  cause the notice of proposed agency action to be published in a newspaper of
				  general circulation and to be sent to a service list designated for that
				  purpose. A person contesting the proposed agency action must file a written
				  objection to the proposed agency action specifying the basis for such objection
				  with the commission's chief clerk within ten business days of the issuance of
				  the notice of proposed agency action. An original and five copies of the
				  objection must be filed with the commission's chief clerk and the objection
				  must also be served upon the CAPseeking a certificate of registration. The
				  person contesting the certification of the CAPshall have the burden of showing
				  why the proposed agency action is not in the public interest. The hearing
				  officer shall determine whether there is good cause for further commission
				  consideration of the contested matter or if the objection should be dismissed
				  and the certificate of registration issued. Upon a showing of good cause and at
				  the discretion of the hearing officer, a separate docket subject to notice and
				  hearing requirements contained in the commission's rules of procedure may be
				  established for further commission consideration of the contested
				  matter.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 6 - REGISTRATION REQUIREMENTS FOR INTRASTATE COMPETITIVE ACCESS PROVIDER TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO › Section 17.11.6.18 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any Section of this rule, or the applicability of any
				  Section to any person, telecommunications provider, CAPor circumstance, is for
				  any reason held invalid by a court, the remainder of the rule, or the
				  applicability of such provisions to other persons, telecommunications
				  providers, CAPs or circumstances, shall not be affected.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 7 - INTRASTATE TELECOMMUNICATION SERVICES DISCOUNTS FOR SCHOOLS AND LIBRARIES › Section 17.11.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Corporation Commission ("Commission") [New
				  Mexico Public Regulation Commission], Telecommunications Department, Post
				  Office Box 1269, Santa Fe, New Mexico, 87504-1269.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 7 - INTRASTATE TELECOMMUNICATION SERVICES DISCOUNTS FOR SCHOOLS AND LIBRARIES › Section 17.11.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all Commission-regulated entities
				  providing intrastate telecommunications services to schools and libraries in
				  the State of New Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 7 - INTRASTATE TELECOMMUNICATION SERVICES DISCOUNTS FOR SCHOOLS AND LIBRARIES › Section 17.11.7.3 - AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for this rule derives from Article 11 of the New
				  Mexico Constitution.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 7 - INTRASTATE TELECOMMUNICATION SERVICES DISCOUNTS FOR SCHOOLS AND LIBRARIES › Section 17.11.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1997 unless a later date is cited at the end of a
				  section or paragraph.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 7 - INTRASTATE TELECOMMUNICATION SERVICES DISCOUNTS FOR SCHOOLS AND LIBRARIES › Section 17.11.7.6 - OBJECTIVES

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to implement discounts for
				  schools and libraries for intrastate telecommunications services consistent
				  with those rules and definitions adopted by the United States Federal
				  Communications Commission ("FCC").
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 7 - INTRASTATE TELECOMMUNICATION SERVICES DISCOUNTS FOR SCHOOLS AND LIBRARIES › Section 17.11.7.8 - INTRASTATE TELECOMMUNICATION SERVICES DISCOUNTS FOR SCHOOLS AND LIBRARIES

Current through Register Vol. 35, No. 13, July 16, 2024
With respect to intrastate telecommunication services,
				  determined by the FCC to be within the definition of universal service, the
				  discount for eligible schools and libraries shall be equal to the discount the
				  FCC sets with respect to interstate service.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 8 - SLAMMING AND CRAMMING PROTECTION › Section 17.11.8.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Public Regulation Commission ("Commission") [New
				  Mexico Public Regulation Commission], 224 East Palace Avenue, Santa Fe, New
				  Mexico 87501.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 8 - SLAMMING AND CRAMMING PROTECTION › Section 17.11.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to every provider or seller of
				  telecommunications services, billing aggregator, and billing agent which is
				  subject to the jurisdiction of the Public Regulation Commission as provided by
				  state or federal law, including all employees, officers, affiliates, and agents
				  of any such person or entity.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 8 - SLAMMING AND CRAMMING PROTECTION › Section 17.11.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Slamming and Cramming Act, Laws 1999 Ch. 138,
				  the New Mexico Constitution, art. II, 2, the New Mexico Public Regulation Act,
				  NMSA 1978 sections
				  8-8-4,
				  and 8-8-15(C), NMSA 1978 section 63-7-1.1(A)(2), the New Mexico Telephone and
				  Telegraph Company Certification Act, NMSA 1978 section
				  63-9-1 et
				  seq., the New Mexico Telecommunications Act, NMSA 1978 section
				  63-9A-1 et
				  seq., the Cellular Telephone Services Act, NMSA 1978 section
				  63-9B-1 et
				  seq., and the Rural Telecommunications Act of New Mexico, Laws 1999 Ch.
				  295.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 8 - SLAMMING AND CRAMMING PROTECTION › Section 17.11.8.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Temporary, until permanent rules are adopted pursuant to NMSA
				  1978 section 8-8-15(B).
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 8 - SLAMMING AND CRAMMING PROTECTION › Section 17.11.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1999, unless a later date is cited at the end of a
				  section or paragraph.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 8 - SLAMMING AND CRAMMING PROTECTION › Section 17.11.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish standards and
				  procedures to investigate and resolve allegations of unauthorized
				  telecommunications charges (cramming") and unauthorized changes in
				  telecommunications service providers (slamming"). This rule shall be liberally
				  construed to carry out its intended purposes.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 8 - SLAMMING AND CRAMMING PROTECTION › Section 17.11.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule:
A. "Authorization" means a letter of agency
				or oral agreement which meets the requirements of these rules;
B. "Billing agent" means any local exchange
				company or any person that submits bills for telecommunications charges or
				telecommunications services to a customer;
C. "Billing aggregator" means a person that
				bills customers for goods or services provided by others and that uses a local
				exchange company as a billing agent;
D. "Clear and conspicuous" when used in
				regard to notification or language means notice that would be reasonably
				apparent to an average customer or language that would be reasonably
				understandable to an average customer, provided that this definition shall not
				be construed to assume that an average" customer will have any degree of
				expertise or sophistication regarding telecommunications services or
				charges;
E. "Commission or NMPRC"
				means the New Mexico Public Regulation Commission;
F. "Cramming" means:
(1) charging a customer for
				telecommunications services that were not authorized by the customer;
(2) charging a customer for goods or services
				on a customer's telephone bill that are not telecommunications services;
				or
(3) using a sweepstakes, contest
				or drawing entry form as authorization to change or add telecommunications
				services to a customer's telephone bill;
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 8 - SLAMMING AND CRAMMING PROTECTION › Section 17.11.8.8 - RELATIONSHIPTO OTHER COMMISSION RULES

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise specified, this rule is not intended to
				  supersede any other rule of the Commission but to supplement such rules.
				  Nevertheless, if any provision of this rule is inconsistent with the provisions
				  of any other Commission rule, the provisions of this rule shall
				  apply.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 8 - SLAMMING AND CRAMMING PROTECTION › Section 17.11.8.9 - PROHIBITED ACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				that changes or causes a customer's telecommunications service provider or
				service to be changed without obtaining the customer's authorization in
				accordance with these rules is guilty of slamming" and shall be subject to
				appropriate penalties as provided by law.
B. Any person that places or causes a charge
				for telecommunications services to be placed on a customer's telephone bill
				without having obtained the customer's authorization in accordance with these
				rules is guilty of cramming" and shall be subject to appropriate penalties as
				provided by law.
C. Any person who
				places or causes a charge to be placed on a customer's telephone bill for goods
				or services which are not telecommunications services is guilty of cramming"
				and shall be subject to appropriate penalties as provided by law.