New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.19 - REQUIREMENTS PRIOR TO DISCONTINUANCE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Fifteen day notice.
At least
				fifteen (15) days before a LEC discontinues basic local exchange service to a
				customer, the LEC shall mail written notice to the customer stating its intent
				to discontinue service and setting forth the customer's rights regarding
				discontinuance of service. The notice shall be in English and Spanish, shall be
				dated, and shall be in simple, nontechnical language. The notice shall be sent
				by U.S. Mail, postage prepaid, to the last address for the customer known to
				the LEC. A fifteen-day notice of discontinuance shall contain:
(1) the toll-free telephone number and
				working hours of LEC personnel responsible for administering the procedures in
				this section;
(2) the amount owed
				and the specific date service will be discontinued unless the customer pays the
				amount due or makes other arrangements with the LEC concerning payment of the
				charges; upon request, the LEC shall provide information to the customer
				concerning the outstanding charges, including the dates of the service interval
				over which the outstanding charges were incurred and the date and amount of the
				last payment;
(3) a statement that
				basic local exchange service cannot be discontinued for failure to pay charges
				for toll or discretionary services;
(4) a statement that, if the customer pays
				the portion of the bill which the customer does not dispute, the LEC shall
				review the portion of the bill which the customer does dispute;
(5) a statement that a customer may file a
				complaint with the consumer relations division of the commission if the
				customer disagrees with the LEC's determination concerning discontinuance of
				service;
(6) a statement in capital
				letters of the cost of reconnection;
(7) for residential customers, a statement
				that:
(a) the LEC will not discontinue basic
				local exchange service to a residence where a seriously or chronically ill
				person resides, or will re-establish service to such a residence, if, at least
				two (2) days prior to the proposed service discontinuance date specified in the
				notice:
(i) the LEC receives a medical
				certification, valid for thirty (30) days, on the form prescribed by the
				commission in 17.11.16.33 NMAC or a substantially similar form, from a medical
				professional stating that discontinuance of service might endanger the
				customer's life or health;
(ii) the
				LEC receives a financial certification, valid for ninety (90) days, on the form
				prescribed by the commission in 17.11.16.34 NMAC or a substantially similar
				form, from the customer stating that the customer does not have the financial
				resources to pay the charges for telecommunications services; and
(iii) the residential customer enters into a
				payment plan with the LEC;
(b) if service has been discontinued, the LEC
				shall reestablish service within twelve (12) hours after the residential
				customer has satisfied the requirements of subparagraphs (a)(i) through
				(a)(iii) of paragraph (6) of this subsection;
(c) the residential customer will not be
				relieved of the obligation to pay for services rendered if service is continued
				or reestablished under the provisions of this paragraph; and
(d) timely delivery by a residential customer
				to the LEC of duly executed medical certification and financial certification
				forms shall be adequate to delay discontinuance of service for at least thirty
				(30) days and that the LEC may, in its discretion, delay the discontinuance for
				a longer period;
(8) for
				residential customers, blank copies of the medical certification form
				prescribed by the commission in 17.11.16.33 NMAC and the financial
				certification form prescribed by the commission in 17.11.16.34 NMAC, or
				substantially similar forms; these forms include an agreement to enter into a
				payment plan with the LEC;
(9) for
				residential customers, the following statement in capital letters, "If you have
				difficulty paying this bill, and feel you may qualify for assistance from the
				low income telephone assistance program (LITAP), contact a customer service
				representative at [insert toll-free telephone number of the carrier's customer
				service department]. You may obtain an application for the low income telephone
				assistance program at our billing offices or we can mail an application to you.
				You should return the completed application and proof that you meet the
				eligibility requirements for one or more need-based assistance programs
				administered by the human services department to us at [insert name and mailing
				address of carrier's office]. If you do not have such proof, you should contact
				your local human services department income support division office or call the
				HSD customer help desk at its toll free telephone number for information on how
				to obtain proof of eligibility."