reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 8 - SLAMMING AND CRAMMING PROTECTION › Section 17.11.8.10 - CUSTOMER AUTHORIZATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Customer authorization of any charge or change in provider on the customer's
				telephone bill shall not be valid unless:
(1)
				such authorization is contained in a letter of agency separate from any sales
				or solicitation material and which contains, in clear and conspicuous language,
				a full and complete description of any change process, including the identity
				of any new provider, and any charge for any product or service on the
				customer's bill. The letter of agency shall also contain, in clear and
				conspicuous language, 1) a full and complete description of the rates, fees and
				charges associated with any new provider and any product or service on the
				customer's telephone bill, 2) the customer's name and billing address, 3) a
				notation of each telephone number to be covered by any change in provider, 4)
				if applicable, a statement that the customer intends to change from one
				provider to another, and 5) a statement that the customer knows that there may
				be a charge for the change in service. At a minimum, the letter of agency must
				be printed with a type of sufficient size and readable type to be clearly
				legible, comparable to the type size and style used in any promotional
				materials accompanying the sales/marketing offer. The letter of agency shall be
				signed by the customer before any change may be made in a customer's provider,
				and before any charge for any product or service may be placed on a customer's
				bill; or
(2) such authorization is
				obtained pursuant to an oral agreement where the provider or seller originating
				the charge or change of provider records the entirety of any and all
				communications or conversations with the customer leading to such
				authorization, including all terms and conditions of any such charges or change
				in provider. Customer authorizations obtained pursuant to an oral agreement
				shall only be valid if the provider or seller originating the charge or change
				in provider provides the customer with a full and complete description of the
				rates, fees and charges associated with any new provider and any product or
				service on the customer's telephone bill. The customer's authorization pursuant
				to an oral agreement shall be obtained before any change may be made in a
				customer's provider, and before any charge for any product or service may be
				placed on a customer's bill.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 8 - SLAMMING AND CRAMMING PROTECTION › Section 17.11.8.12 - RESOLUTION OF CUSTOMER COMPLAINTS AND DISPUTES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A customer may contact his or her local
				exchange company, authorized provider, or the unauthorized provider to report
				an unauthorized charge or change of provider. Any provider contacted by a
				customer concerning a disputed charge or change in provider shall notify the
				local exchange company about the disputed charge or change in provider or
				service within 24 hours.
B. Upon
				receipt of notification by a customer, another provider, or the local exchange
				company of a disputed charge or change in provider on a customer's bill, a
				provider and any billing agent shall immediately cease all efforts to collect
				payment for the disputed charge or change.
C. Customer complaints concerning disputed
				charges or changes in provider must be submitted to the Consumer Relations
				Division of the Commission Staff in writing. To expedite resolution of the
				complaint, the customer shall provide the Commission Staff with the following
				information
(1) a copy of the bill with the
				disputed charge or change in provider;
(2) a brief discussion of any unauthorized
				charge or change in provider, including the dollar amount under
				dispute;
(3) a brief discussion
				outlining the attempts made to resolve the disputed charge or change in
				provider;
(4) the names and
				telephone numbers of the provider or providers contacted by the customer, and
				the approximate date of any such contact.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 8 - SLAMMING AND CRAMMING PROTECTION › Section 17.11.8.13 - PAYMENT OF DISPUTED CHARGES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				After receipt of notification by a customer or the Commission Staff of a
				disputed charge or change in provider listed on a customer's bill, no provider,
				billing agent or local exchange company may require the customer to pay any
				portion of a disputed charge or any charge or fee related to a disputed charge
				or change in provider until the customer's authorization of the disputed charge
				or change in provider has been established in an investigation conducted
				pursuant to these rules. The local exchange company or any other person that
				serves as the billing agent shall not allocate any portion of a customer's
				payment to a disputed charge or change in provider until customer authorization
				of the disputed charge or change in provider has been verified in accordance
				with these rules.
B. After receipt
				of notification by a customer or the Commission Staff of a disputed charge or
				change in provider listed on a customer's bill, no provider or local exchange
				company may disconnect or threaten to disconnect a customer's local exchange
				service because the customer refuses to pay charges resulting from the disputed
				charge or change in provider until the customer's authorization of the disputed
				charge or change in provider has been established in an investigation conducted
				pursuant to these rules.
C. After
				investigation of a customer complaint concerning any disputed charge or change
				in provider, if the Commission Staff makes a final determination that such
				charge or change in provider was not authorized in accordance with these rules,
				the provider originating the unauthorized charge or change in service provider
				shall, as applicable:
(1) within 30 days
				refund the full amount of any unauthorized charges paid by the
				customer;
(2) within 30 days remove
				any unauthorized charges from the customer's bill;
(3) promptly restore the customer's service
				to the authorized provider; and
(4)
				promptly credit any amounts paid by the customer to the authorized
				provider.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 8 - SLAMMING AND CRAMMING PROTECTION › Section 17.11.8.14 - SALE AND VERIFICATION OF TELECOMMUNICATIONS SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All providers shall approve all sales
				scripts and written materials used by its sellers, including contract
				sellers.
B. Any seller that
				attempts to persuade a customer to purchase telecommunications services or
				change his provider shall make adequate inquiry to reasonably ensure that he is
				talking to the customer.
C. All
				sellers shall, at a minimum, clearly and unambiguously:
(1) identify himself or herself and the
				provider that he or she is asking the customer to use or the telecommunications
				service he or she is asking the customer to purchase; and
(2) explain all the material terms and price
				of the purchase and inform the customer of the fact that a fee may be charged
				for any change in provider.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 8 - SLAMMING AND CRAMMING PROTECTION › Section 17.11.8.15 - EMERGENCY FINDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The Commission finds that slamming and cramming practices
				  present an immediate threat to the general welfare of the public and that it is
				  necessary and proper to adopt these rules on an emergency basis as provided by
				  section 8-8-15(C) of the Public Regulation Commission Act, 1978 NMSA
				  8-8-1 et
				  seq.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 9 - RETAIL RATE FILING PROCEDURES FOR INCUMBENT RURAL TELECOMMUNICATIONS CARRIERS › Section 17.11.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Public Regulation Commission, Utility
				  Division.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 9 - RETAIL RATE FILING PROCEDURES FOR INCUMBENT RURAL TELECOMMUNICATIONS CARRIERS › Section 17.11.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to incumbent rural telecommunications
				  carriers seeking to establish rates, terms and conditions for new services or
				  to make changes in the rates, terms and conditions of existing
				  services.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 9 - RETAIL RATE FILING PROCEDURES FOR INCUMBENT RURAL TELECOMMUNICATIONS CARRIERS › Section 17.11.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  8-8-4
				  and
				  63-9H-7.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 9 - RETAIL RATE FILING PROCEDURES FOR INCUMBENT RURAL TELECOMMUNICATIONS CARRIERS › Section 17.11.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 14, 2000, 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 9 - RETAIL RATE FILING PROCEDURES FOR INCUMBENT RURAL TELECOMMUNICATIONS CARRIERS › Section 17.11.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement NMSA 1978, Section
				  63-9H-7
				  by providing procedures for filing rates for new services and changes in rates
				  for existing services, and for protesting rate increases for residential local
				  exchange service.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 9 - RETAIL RATE FILING PROCEDURES FOR INCUMBENT RURAL TELECOMMUNICATIONS CARRIERS › Section 17.11.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The definitions contained in the Rural Telecommunications Act
				  of New Mexico, NMSA 1978 Sections
				  63-9H-1 et
				  seq., and in 17 NMAC 1.2 [now 17.1.2 NMAC], Utility Division Procedures, shall
				  apply to this rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 9 - RETAIL RATE FILING PROCEDURES FOR INCUMBENT RURAL TELECOMMUNICATIONS CARRIERS › Section 17.11.9.8 - FILINGS REGARDING CHANGES IN RATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An incumbent rural telecommunications
				carrier seeking to establish rates, terms and conditions for new retail public
				telecommunications services or to make changes in the rates, terms and
				conditions of existing retail public telecommunications services, other than
				increases in residential local exchange service rates, shall file with the
				Commission two (2) copies each of an advice notice, tariffs (including terms
				and conditions), and an affidavit of publication from a local newspaper in the
				incumbent rural telecommunications carrier's service area showing publication
				of the advice notice.
B. In
				addition to the requirements in 17 NMAC 13.9.8.1[now Subsection A of 17.11.9.8
				NMAC], an incumbent rural telecommunications carrier seeking reductions in
				rates for local exchange, vertical, and long distance service to retail
				end-user customers shall file with the Commission two (2) copies of an
				affidavit made by the responsible representative of the carrier attesting that
				the requirements of NMSA 1978 Section 63-9H-7(G) have been met.
C. An incumbent rural telecommunications
				carrier seeking an increase in rates for residential local exchange service
				shall file with the Commission:
(1) for prior
				approval, two (2) copies of its proposed form of notice to affected subscribers
				at least fifteen (15) days prior to mailing the form of notice to affected
				subscribers. If Commission staff do not approve or disapprove the proposed form
				of notice within five (5) business days, the form of notice shall be deemed
				approved. Staff approval shall not create a presumption that the Commission
				finds the form of notice legally sufficient;
(2) an original and fourteen (14) copies of
				an advice notice on or before the date the carrier mails the Commission
				staff-approved notice of proposed increases in rates to affected subscribers;
				and
(3) two (2) copies of an
				affidavit attesting that the carrier has mailed the Commission Staff-approved
				notice to all affected subscribers.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 9 - RETAIL RATE FILING PROCEDURES FOR INCUMBENT RURAL TELECOMMUNICATIONS CARRIERS › Section 17.11.9.9 - NOTICE TO AFFECTED SUBSCRIBERS OF PROPOSED INCREASES IN RESIDENTIAL LOCAL EXCHANGE SERVICE RATES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Written notice required.
An incumbent rural telecommunications
				carrier proposing an increase in residential local exchange service rates shall
				mail a written notice filed with the Commission and approved by the Commission
				Staff to all affected subscribers at least sixty (60) days prior to the
				effective date of the proposed rate increase. The notice may be mailed to
				affected subscribers with their billings or separately.
B.
Contents of notice.
In
				addition to the information required by NMSA 1978, Section 63-9H-7(C), the
				notice of proposed rate increase shall include
(1) the existing rate, the proposed rate and
				the percentage increase;
(2) the
				effective date of the last rate increase;
(3) the effective date of the proposed rate
				increase;
(4) a statement that the
				new rates will go into effect automatically and will not be considered for
				review and hearing by the Public Regulation Commission unless Commission staff
				files its own motion for a hearing and demonstrates good cause, or unless at
				least two and one-half percent (2.5%) of all affected subscribers file a
				protest with the Commission within sixty (60) days of the date notice was
				mailed to the affected subscribers, together with a statement of the number of
				subscribers constituting two and one-half percent (2.5%);
(5) a statement that procedures for
				protesting the proposed rate increase are set forth in 17 NMAC 1.2 [now 17.1.2
				NMAC], Utility Division Procedures, which can be obtained from, or inspected
				at, the main office of the incumbent rural telecommunications carrier or the
				offices of the Commission in Santa Fe, that forms for protests are available
				from either the incumbent rural telecommunications carrier or the Commission,
				and providing the telephone numbers and addresses of both the incumbent rural
				telecommunications carrier and the Commission; and
(6) a statement that any interested person
				may examine the rate filings and any related exhibits and papers at the main
				office of the incumbent rural telecommunications carrier or at the offices of
				the Commission in Santa Fe.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 9 - RETAIL RATE FILING PROCEDURES FOR INCUMBENT RURAL TELECOMMUNICATIONS CARRIERS › Section 17.11.9.10 - PROTESTS OF PROPOSED RATE INCREASES FOR RESIDENTIAL LOCAL EXCHANGE SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Required
				contents of protest.
Protests by affected subscribers of proposed
				increases in residential local exchange service rates must be made in writing
				to the Commission and shall be signed by each protesting subscriber. In
				addition to the requirements of NMSA 1978, Section 63-9H-7(E), protests shall
				contain:
(1) the name of the incumbent rural
				telecommunications carrier whose proposed rates are being protested;
(2) the name, mailing address, and phone
				number of each protesting subscriber protesting the proposed rate increase;
				and
(3) the name, mailing address,
				and phone number of each protesting subscriber's attorney, if any.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 9 - RETAIL RATE FILING PROCEDURES FOR INCUMBENT RURAL TELECOMMUNICATIONS CARRIERS › Section 17.11.9.11 - CONFLICTS IN PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
If any procedure established in this rule conflicts with a
				  procedure set forth in 17 NMAC 1.2 [now 17.1.2 NMAC], Utility Division
				  Procedures, the procedures provided in this rule shall
				  govern.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 9 - RETAIL RATE FILING PROCEDURES FOR INCUMBENT RURAL TELECOMMUNICATIONS CARRIERS › Section 17.11.9.12 - PROTEST FORM

Current through Register Vol. 35, No. 13, July 16, 2024
IN THE MATTER OF THE )
FILING OF NEW RATES BY )
(insert name of Incumbent Rural Telecommunications Carrier))
				  CASE NO._____
PROTEST OF PROPOSED RATE INCREASE
FOR RESIDENTIAL LOCAL EXCHANGE SERVICE
SUBMITTED BY:
Name of Protesting Subscriber:
				  _______________________________________
Address:
				  _________________________________________________________
City: __________________________________ State: ______ Zip:
				  __________
Home Phone: __________________ Work Phone:
				  ___________________
(Attach the name, mailing address, and telephone number of
				  each protesting subscriber.)
ATTORNEY INFORMATION:
Attorney's Name:
				  __________________________________________________
Attorney's Address:
				  ________________________________________________
Attorney's City: _______________________________ State:
				  ______ Zip: _____
Attorney's Work Phone: ________________
(Attach the name, mailing address, and telephone number of
				  the attorney of each protesting subscriber.)
I am a customer of (insert name of incumbent rural
				  telecommunications carrier).
I protest the following rate increase for residential local
				  exchange service being proposed by the above-named
Incumbent Rural Telecommunications Carrier
(insert here the particular rate increase that is being
				  protested)
I protest the rate increase for the following reasons:
In its review of the proposed rate increase, I request that
				  the Commission grant the following relief:
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 9 - RETAIL RATE FILING PROCEDURES FOR INCUMBENT RURAL TELECOMMUNICATIONS CARRIERS › Section 17.11.9.13 - INSTRUCTIONS FOR FILING A PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
When an affected subscriber requests a copy of the
				  Commission's protest form, a rural incumbent telecommunications carrier shall
				  provide a copy of the following instructions together with the form contained
				  in 17 NMAC 13.9.12 [now
				  17.11.9.12
				  NMAC]:
Instructions for Protesting an Rural Incumbent
				  Telecommunications Carrier's Residential Local Exchange Service Proposed Rate
				  Increase
17 NMAC 13.9 [now 17.11.9 NMAC], Retail Rate Filing
				  Procedures for Incumbent Rural Telecommunications Carriers, implements NMSA
				  1978, Section 63-9H-7(1999), a state law passed in 1999 that allows an
				  incumbent rural telecommunications carrier to propose rate increases for
				  residential local exchange service to its customers. If two and one-half
				  percent of all affected subscribers protest to the Commission, the Commission
				  may review the rate increase in a formal rate case. If fewer than two and
				  one-half percent of all affected subscribers protest, the rate increase will go
				  into effect without Commission review.
To file a protest, you must be a subscriber of the incumbent
				  rural telecommunications carrier seeking an increase in rates. The protest must
				  be received by the Commission within sixty (60) days from the date the notice
				  of the proposed rate change was sent to affected subscribers.
To protest, fill out the enclosed protest form as completely
				  as possible. You may leave the case number blank and you do not need to fill
				  out the information about attorneys if you do not have an attorney.
You should deliver a copy of the protest and any accompanying
				  documents to the incumbent rural telecommunications carrier either in person or
				  by mail.
You must also file an original and fourteen (14) copies of
				  the protest form and any accompanying documents.
If you file the protest in person, bring it to: New Mexico
				  Public Regulation Commission, Marian Hall, 224 East Palace Avenue, Santa Fe,
				  New Mexico 87501-2013
If you file the protest by mail, send it to: New Mexico
				  Public Regulation Commission, P.E.R.A. Building, P.O. Box 1269, Santa Fe, NM
				  87504-1269
For more information, you may call the Commission at
				  505-827-6940, or contact the incumbent rural telecommunications
				  carrier.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all entities that provide intrastate retail public telecommunication services and comparable retail alternative services in New Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections  62-19-9 and  63-9H-6, NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide procedures for administering and implementing the New Mexico state rural universal service fund to maintain and support universal service provided by telecommunications carriers that have been designated as eligible telecommunications carriers.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions contained in Section  63-9H-3, NMSA 1978, as used in this rule:
A.
Definitions beginning with "A":
(1)
Access line
means a dial tone line, or its functional equivalent, that provides local exchange service from a carrier's switching equipment to a point of termination at the customer's network interface, and is not limited to wireline or any other technology; for the purposes of this rule, an access line does not include official lines, unbundled network elements/platforms, retail resale, wholesale resale, special access lines and private lines.
(2) Administrator means the person designated by the commission to administer the fund.
(3) Area underserved by broadband means a broadband program proposed project area where fifty percent or more of households and businesses, in the aggregate, have access to broadband service offering speeds of at least 25/3 Mbps but lower than 100/20 Mbps (download/upload). A household has access to broadband service if the household can subscribe within 10 business days of a request.
(4)
Area unserved by broadband
means a broadband program proposed project area where seventy-five percent or more of the households lack access to broadband service offering speeds of at least 25/3 Mbps (download/upload). A household has access to broadband service if the household can subscribe to that service within 10 business days of a request.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.8 - REDUCTION OF INTRASTATE SWITCHED ACCESS CHARGES

Current through Register Vol. 35, No. 13, July 16, 2024
The commission may, upon motion of a carrier or the administrator, or upon the commission's own motion, authorize further intrastate switched access charge reductions for a carrier to correspond to any changes in that carrier's tariffed interstate switched access service charge rates, elements or structure subsequent to January 1, 2006.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.9 - AFFORDABILITY BENCHMARK RATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Effective January 1, 2020, unless changed by the commission in a proceeding pursuant to Subsection B of 17.11.10.09 NMAC, the residential and business affordability benchmark rates to be utilized in determining the level of support available from the fund are as follows:
(1) the residential benchmark rate for basic local exchange service shall be $18.00; except that the commission may on its own motion and at any time conduct a review of the residential benchmark rate and change it accordingly, as per Subsection B of 17.11.10.9 NMAC;
(2) the business benchmark rate for basic local exchange service shall be carrier-specific and shall be equal to the business basic exchange rate of each local exchange carrier as of January 1, 2020;
(3) each local exchange carrier shall, on or before May 1 of each year, advise the commission and the administrator in writing of its residential and business basic local exchange rates to be in effect on July 1 of that year and how they were determined;
(4) increases in the residential basic local exchange rates of incumbent rural telecommunications carriers toward the residential benchmark rate established in this section shall be implemented by timely filing of tariff revisions with the commission and shall be effective after 10 days' notice to the carrier's customers and the commission;
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.10 - SELECTION OF ADMINISTRATOR

Current through Register Vol. 35, No. 13, July 16, 2024
The commission will designate a third-party administrator who will be subject to the supervision and control of the commission for a four-year term. The administrator shall perform services under the terms of a written contract to be entered into between the commission and the administrator. The commission shall procure the services of a subsequent administrator before the expiration of the term of each such contract, or in the event of early termination of such contract, as soon as practicable before or after the early termination.
A. Criteria for selection: the commission will issue a request for proposals to select the administrator; the commission shall consider whether the bidder has demonstrated the competence needed to administer the fund and the rate of compensation proposed; the commission shall also consider at a minimum whether the bidder:
(1) is able to be neutral and impartial;
(2) is a member of a trade association that advocates positions before this commission or other state commissions in administrative proceedings related to telecommunications issues;
(3) is an affiliate of any contributing company;
(4) has a substantial financial interest in any entity or affiliate that provides telecommunications services or comparable retail alternative services; and
(5) has a board of directors that includes any member with direct financial interests in entities that contribute to or receive support from the fund in this state or any other state.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.11 - EXPENDITURE AUTHORIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
The commission shall approve an annual budget for administration of the fund. The reasonable expenses incurred in the administration of the fund, in accordance with the terms of the contract between the commission and the administrator, shall be a cost of the fund and shall be recovered from contributions to the fund.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.12 - RESPONSIBILITIES OF ADMINISTRATOR

Current through Register Vol. 35, No. 13, July 16, 2024
The administrator shall manage the day-to-day operation of the fund in accordance with this rule, applicable law, and the overall supervision and direction of the commission. The administrator shall:
A. Fairly, consistently, and efficiently administer fund collections and disbursements in accordance with commission rules and subject to commission oversight.
B. Establish an account or accounts in one or more independent financial institutions and ensuring that the monies deposited in the fund are insured to the maximum extent permitted by law and that they earn a return commensurate with that of state funds held on deposit in banks or other financial institutions.
C. Ensure that the fund complies with all necessary requirements for exemption from federal, state and local taxes.
D. Establish procedures, consistent with the commission's procedural rules and law, and with the commission's approval, for protecting the confidentiality of information submitted pursuant to this rule.
E. Report to the commission on fund activities at least once each year; the report shall include fund collections and disbursements, administrative expenditure information, budget projections and such other information as the commission may require.
F. Prepare an annual proposed budget for administration of the fund and submit it to the commission for review, revision, rejection or approval at such time in advance of the need for commission approval as the commission may direct, or absent such direction, at a reasonable time.
G. Propose to the commission uniform procedures, and develop forms, to identify exempt customers, in consultation with contributing companies.
H. Create and maintain the databases necessary to administer the program and account for the funds.
I. Develop appropriate forms for use in collecting information from contributing companies and ETCs.
J. Pay administrative expenses out of the fund in accordance with the budget approved by the commission.
K. Petition the commission to institute an enforcement or other action when the administrator finds that it is otherwise unable to collect amounts properly due from a contributing company under these rules, or when it appears to the administrator that any contributing company or ETC carrier is otherwise out of compliance with these rules or applicable law.
L. Conduct, not less than once every year, such reviews as are necessary to ensure that each contributing company is making its required contributions to the fund and that support from the fund is used for the purpose of the fund.
M. Advise the commission of any anticipated material changes to, or fluctuations in, the collection of fund revenues in a timely manner and make recommendations to the commission on ways to address or correct such changes or fluctuations.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.13 - DISPUTE RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
The commission may refer any disputed case between the administrator and a contributing company or between contributing companies to alternative dispute resolution if it finds that doing so would encourage the settlement of the dispute.
A. Mediation:
(1) if any of the parties or staff makes a request for mediation, the commission may, in its discretion, designate a mediator consistent with Subsection B of 17.1.2.20 NMAC;
(2) the mediator may be a permanent or temporary employee of the commission or another state agency or any other individual who is acceptable to the parties and staff; if the parties request a mediator who is not an employee of the commission, the commission shall not approve the request unless the parties agree in writing to bear as their own the costs of obtaining the mediator's services; the mediator shall not be the hearing examiner who is assigned to the case; the mediator shall have no official, financial, or personal conflict of interest with respect to the issues in controversy, unless such interest is fully disclosed in writing to all parties and staff at the time the mediator is assigned by the commission and unless all parties agree that the mediator may serve; the mediator shall not subsequent to serving as a mediator participate in the proceeding as a hearing examiner, advisory staff, staff counsel or expert witness, or as an attorney, expert witness, or representative of any party to the proceeding;
(3) the mediator may be assigned by the commission at the same time as the commission assigns the case to a hearing examiner; the mediator shall not discuss the mediation conference with any commissioner or hearing examiner hearing the case;
(4) the mediator shall notify the parties and staff by telephone or mail of the time and place of the mediation conference, which will be held at commission offices unless otherwise directed by the mediator; the notice may direct the parties and staff to send the mediator, but not other parties or staff, their settlement positions and other necessary information that could facilitate the mediation conference, including the results of staff's investigation of the complaint;
(5) if the parties are able to reach a settlement of their dispute, in appropriate cases the mediator shall assist the parties in preparing a written agreement to reflect that resolution; if the parties are unable to reach a complete settlement of their dispute, the mediator shall advise the parties that they may request arbitration or file a formal complaint with the commission;
(6) nothing shall preclude the commission from using different mediation procedures.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.14 - VARIANCES AND WAIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
Any person may petition the commission for variance or waiver of any provision of this rule for good cause shown.
A. General requirements:
(1) a contributing company or ETC may petition for an exemption or a variance from any of the requirements of this rule;
(2) such petition may include a motion that the commission stay the affected portion of this rule for the transaction specified in the motion;
(3) petitions for an exemption or a variance and motions for a stay must be supported by an affidavit signed by an officer of the contributing company or ETC or someone with authority to sign for the contributing company or ETC;
(4) the commission may, at its discretion, require an informal conference or formal evidentiary hearing prior to making its determination.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.15 - GENERAL REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Reports require declaration: all reports filed with the commission or the administrator must be filed with a declaration from the chief financial officer of the entity or the person who prepared the reports on behalf of the entity that the information is correct and the filing is made subject to the penalty of perjury provided for in Section  30-25-1 NMSA 1978.
B. Time for reporting: where no date is specified for a report, or when a request is made by the administrator for information necessary for the administration of the fund, the administrator shall specify when the report must be filed.
C. Reporting forms: contributing companies and ETCs shall report information in the manner prescribed by the administrator. The administrator shall not require reporting that will be unduly burdensome.
D. Electronic filing: the administrator shall accept electronic reporting when practicable.
E. Confidentiality: the commission shall have access to all information reported to the administrator. Contributing companies may request that company-specific information required by the reporting requirements of this rule be treated as confidential by so indicating at the time the information is submitted. The commission shall make all decisions regarding disclosure of company-specific information and may request further information or justification from the contributing company to ensure uniformity of confidential treatment of all information submitted by contributing companies. Nothing in this rule shall preclude commission issuance of an umbrella protective order identifying what reported data shall be, or shall not be, deemed confidential. The administrator shall keep confidential all company-specific information obtained from contributing companies for which confidential treatment is requested, shall not use such information except for purposes of administering the fund, and shall not disclose such information in company-specific form unless directed to do so by the commission.
F. The commission may require the administrator to modify any of its report formats to solicit additional information necessary for the administration of the state universal service program, including possible addition of a revenue report or to delete information that is not necessary.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.17 - REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
ETCs shall comply with the reporting requirements established by the commission as set forth in 17.11.27 NMAC. In addition, carriers shall report the following information to the administrator in a form prescribed by the administrator, regarding facilities and activities during the preceding calendar year:
A. On or before May 1 of each year, contributing companies, including ETCs, shall report the number and type of New Mexico access lines and New Mexico communication connections subscribed to in total and the number of such access lines and communication connections that are exempt from paying the SRUSF surcharge.
B. On or before July 1 of each year, ETCs receiving support from the fund (except those receiving only support pursuant to 17.11.11 or 17.11.10.31 NMAC) shall file with the commission a report, in a form approved by the commission, demonstrating that the ETC's payments from the fund were used for the purpose stated in Subsection A of 17.11.10.27 NMAC. If any ETC required to file information with the commission under Subsection B of 17.11.10.17 NMAC fails to comply on or before the applicable reporting deadline, the administrator shall withhold any disbursements otherwise due to the non-compliant ETC until the ETC has complied.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.18 - CONTACT PERSONS

Current through Register Vol. 35, No. 13, July 16, 2024
All contributing companies and ETCs shall file with the administrator the name, address, phone number and e-mail address of a contact person and shall keep the information current.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.20 - DETERMINATION OF SRUSF SURCHARGE RATE AND CONTRIBUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The administrator shall recommend the amount of the SRUSF surcharge rate for the next calendar year, on or before September 1 to enable commission approval on or before October 1, based upon monthly and annual reports filed by ETCs and contributing companies, broadband program grants awarded by the commission, and any other pertinent and reliable information available to the administrator or the commission, and applying the annual fund cap set forth in Subsection C of 17.11.10.19 NMAC.
B. The commission shall either set a percentage surcharge rate equal to the annual fund requirement determined by the commission divided by the sum of intrastate retail public telecommunications service revenue, or in the alternative, set a fixed charge applicable to each non-exempt communication connection equal to the annual fund requirement determined by the commission divided by the number of non-exempt communication connections for all contributing carriers in New Mexico. The surcharge rate or fixed charge may be adjusted to account for any material deficit or surplus projected to exist at the start of the fund year, subject to the annual fund cap.
C. Each contributing company's monthly contribution shall equal the state rural universal service fund surcharge rate multiplied by its intrastate retail telecommunications revenues or non-exempt communication connections, as determined by the commission, in New Mexico for the month.
D. If, for any month the administrator finds that the fund balance is insufficient to meet the total obligations of the fund, (including support pursuant to 17.11.10.19, 17.11.10.25, 17.11.10.31, and 17.11.11 NMAC) plus administrative expenses and maintenance of a prudent fund balance, the administrator shall prorate all payments to each ETC, with the exception of payments pursuant to 17.11.10.31 NMAC and 17.11.11 NMAC. In the event the administrator determines that such a prorated reduction in payments is reasonably likely to occur, the administrator shall immediately notify the commission and the commission will take prompt action to increase contribution requirements, subject to the annual fund cap set forth in Subsection C of 17.11.10.19 NMAC, or otherwise account for the shortfall and will provide for true-up payments for any underpayments occurring if prorated reduced payments are required before the contribution requirements can be increased. If the fund accumulates a surplus beyond what the administrator and the commission believes is prudent under the circumstances, the administrator may, with the commission's approval, decrease contribution requirements so as to lower the fund balance to an appropriate level.
E. Each contributing company shall remit its monthly contribution to the administrator on a schedule to be determined by the administrator.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.21 - RECOVERY OF CONTRIBUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A contributing company shall recover the amount of its contributions to the fund from its end-user customers in a manner that is not, either by act or omission, deceptive or misleading. Such recovery shall be made in a fair, equitable and nondiscriminatory manner, and no over-recovery of contributions shall be permitted.
B. A contributing company required to provide service in accordance with commission approved tariffs shall not recover contributions from its end-user customers except as permitted under commission approved modifications to those tariffs.
C. The commission may, after notice and hearing, order modifications to a contributor's method of recovering contributions from its end-user customers.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.22 - FUND DISBURSEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The administrator shall make a monthly disbursement to each ETC eligible to receive such a payment from collected revenues in the fund, on a schedule to be determined by the administrator.
B. The amount of each ETC's monthly disbursement shall be one-twelfth of its revenue requirements computed in accordance with 17.11.10.19 NMAC, subject to proration as provided in Subsection E of 17.11.10.20 NMAC.
C. Only carriers holding ETC status as of October 1 shall be eligible to receive disbursements from the fund during the year that begins the following January 1.
D. The administrator shall not pay, and shall hold in escrow, any disbursements otherwise due to an ETC that is also a contributing company, if that company shall not be in compliance with its contribution requirements.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.23 - DESIGNATION OF ETCS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any carrier operating in New Mexico and designated as a state ETC as of July 1, 2005 and which has not lost that designation is automatically designated as an ETC for the purposes of this rule. If at any subsequent time a carrier loses ETC designation status, it shall no longer be eligible to receive support from the fund.
B. Other carriers may file a petition for designation as an ETC in accordance with 17.11.10.24 NMAC.
C. On its own motion or in response to a petition, the commission may, after notice and hearing and for good cause shown, modify, suspend, or revoke an ETC designation.
D. The commission may, upon request, establish the ETC's amount of amount of an ETC's support from the fund, if any in accordance with the requirements of 17.11.10.25 NMAC.