reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 10 - GAS SERVICES › Part 660 - NATURAL GAS TRANSPORTATION › Section 17.10.660.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purposes of
				the Natural Gas Transportation Rule are to implement the Commission's authority
				pursuant to NMSA 1978, Section
				62-6-4.1
				to authorize and require the nondiscriminatory and nonpreferential
				Transportation of natural gas by any person subject to the Commission's
				jurisdiction for a Seller or Purchaser of natural gas and to implement the
				related Commission authority pursuant to NMSA 1978, Section
				62-8-2 to
				assure the adequacy of gas supply to New Mexico utilities' Sales Customers and
				to Transportation Customers paying for standby service.
B. The intent of NMPUC Rule 660 [17.10.660
				NMAC] is to encourage lower costs of natural gas for New Mexico consumers by
				providing competition in natural gas markets through open-access
				Transportation. Lower fuel costs are an integral part of New Mexico's economic
				development efforts because they preserve existing jobs, facilitate expansion
				of the State's businesses, and provide incentives for new industry to locate in
				New Mexico.
C. The Commission by
				NMPUC Rule 660 [17.10.660 NMAC] authorizes and requires the nondiscriminatory
				and nonpreferential Transportation of natural gas by any person subject to the
				jurisdiction of the Commission for a Transportation Customer of natural gas to
				the extent of Available Capacity, subject to Capacity Allocation as described
				in the utility's Commission-authorized rules and tariffs and subject to (d) [D]
				below.
D. The terms and conditions
				imposed by NMPUC Rule 660 [17.10.660 NMAC] on the Transportation of natural gas
				are necessary to safeguard deliverability and operational efficiency, to
				prevent undue hardship, and to prevent anticompetitive conduct by a Public
				Utility.
E. The rates and charges
				for the Transportation of natural gas under NMPUC Rule 660 [17.10.660 NMAC]
				shall be just, reasonable, and nondiscriminatory.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 10 - GAS SERVICES › Part 660 - NATURAL GAS TRANSPORTATION › Section 17.10.660.8 - TABLE OF CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				General Provisions:
(1) Short Title
				[17.10.660.9 NMAC]
(2) Purposes
				[17.10.660.6 NMAC]
(3)
				Applicability: [17.10.660.2 NMAC]
(4) Definitions: [17.10.660.7 NMAC]
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 10 - GAS SERVICES › Part 660 - NATURAL GAS TRANSPORTATION › Section 17.10.660.9 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Short Title: NMPUC Rule 660 [17.10.660 NMAC] may be referred
				  to as the "Natural Gas Transportation Rule."
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 10 - GAS SERVICES › Part 660 - NATURAL GAS TRANSPORTATION › Section 17.10.660.10 - REQUESTS, CAPACITY ALLOCATIONS AND RATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Natural Gas Transportation: A utility
				shall transport natural gas on behalf of a Transportation Customer upon
				request:
(1) subject to its Available
				Capacity pursuant to NMPUC Rule 660.6 [Subsection B of 17.10.660.10 NMAC] and
				its Capacity Allocation procedures as described in the utility's
				Commission-authorized rules and tariffs; and
(2) subject to the rates specified in NMPUC
				Rule 660.10 [Subsection F of 17.10.660.10 NMAC] and the other terms and
				conditions specified in the Natural Gas Transportation Rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 10 - GAS SERVICES › Part 660 - NATURAL GAS TRANSPORTATION › Section 17.10.660.11 - CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Modification of
				Transportation Contracts: A utility shall not enter into any contract for the
				Transportation of natural gas for a Transportation Customer which does not
				contain the following provision: This contract, and all its terms and
				provisions, shall at all times be subject to modification by order of the New
				Mexico Public Utility Commission [New Mexico Public Regulation Commission] upon
				notice and hearing and a finding of good cause therefor. In the event that any
				party to this contract requests the Commission to take any action which could
				cause a modification in the provisions of this contract, that party shall
				provide written notice to the other parties at the time of filing the request
				with the Commission.
B. Additional
				Reporting Requirements:
(1) In addition to
				the reporting requirements recited in NMPUC Rules 660.6(d), 660.6(e), 660.6(f),
				660.10(b), 660.14(b), and 660.17(b) [Paragraphs 3, 4, and 5 of Subsection B of
				17.10.660.10 NMAC, Paragraph 2 of Subsection F of 17.10.660.10 NMAC, Paragraph
				2 of Subsection B of 17.10.660.11 NMAC and Paragraph 2 of Subsection E of
				17.10.660.11 NMAC], a utility must provide the Commission, within thirty (30)
				days of the end of each year, the total quantities of natural gas transported
				by month for each Transportation Customer.
(2) Utilities must maintain logs showing all
				requests for Transportation and their disposition. Such a log shall be kept
				current and shall be made available to members of the public upon request
				during business hours at the utility's place of business or by photocopy by
				mail at a reasonable cost. The log will also be filed with the Commission and
				updated monthly. Such log should include information regarding the date of all
				Transportation requests; the identity of the Transportation Customer making the
				request; whether the service requested is interruptible or firm; the identity
				of the ultimate end-user or delivery point of the gas; the Transportation rates
				requested and received for such service; the disposition of the request by the
				utility; the date and an explanation for the disposition of the request; any
				complaints by the Transportation Customer or End-user concerning the requested
				or furnished service; and such other information as is required by the
				utility's commission-authorized rules and tariffs.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 10 - GAS SERVICES › Part 660 - NATURAL GAS TRANSPORTATION › Section 17.10.660.12 - JURISDICTION AND PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Federal Jurisdiction: Nothing contained in the Natural Gas Transportation Rule
				shall be construed to require a utility to enter into an arrangement for the
				Transportation of natural gas which would result in the utility becoming
				subject to the jurisdiction of the Federal Energy Regulatory Commission or any
				successor agency, nor to confer on the Commission authority over transactions
				which are exclusively within the authority of such federal agency.
B. Amendment: The adoption of the Natural Gas
				Transportation Rule shall in no way preclude the Commission, after notice and
				hearing, from altering or amending any provision hereof or from making any
				modification with respect to its application deemed necessary.
C. Exemption or Variance:
(1) An application for an exemption or a
				variance from any requirement set forth in NMPUC
Rules 660.5 through 660.19 [17.10.660.10 NMAC through
				  17.10.660.11 NMAC], except NMPUC Rule 660.12 [Subsection H of 17.10.660.10
				  NMAC], shall:
(a) identify the
				portion(s) of the Natural Gas Transportation Rule for which the variance or
				exemption is requested,
(b)
				describe the situation which necessitates the exemption or variance,
(c) set out the effect of complying with the
				Natural Gas Transportation Rule on the utility and its customers if the
				exemption or vaiance is not granted,
(d) define the result which the request will
				have if granted,
(e) state how the
				exemption or variance will promote the purposes of the Natural Gas
				Transportation Rule, and
(f) state
				why the exemption or variance is a more reasonable alternative than the
				application of the Natural Gas Transportation Rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 10 - GAS SERVICES › Part 660 - NATURAL GAS TRANSPORTATION › Section 17.10.660.13 - HISTORY

Current through Register Vol. 35, No. 13, July 16, 2024
Codified by NMPUC Case No. 2086, Order dated June 30, 1988;
				  amended by NMPUC Case No. 2472, Order dated February 7, 1994. Formerly NMPUC
				  First Revised General Order No. 44, superseded for purposes of rule
				  reorganization and codification.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 10 - GAS SERVICES › Part 670 - COMPLIANCE WITH SAFETY STANDARDS OF THE LIQUEFIED PETROLEUM GAS BUREAU › Section 17.10.670.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Public Service Commission [New Mexico Public
				  Regulation Commission].
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 10 - GAS SERVICES › Part 670 - COMPLIANCE WITH SAFETY STANDARDS OF THE LIQUEFIED PETROLEUM GAS BUREAU › Section 17.10.670.8 - TABLE OF CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Certificate of Compliance with Safety Requirements and Standards of the LPG
				Bureau [17.10.670.9 NMAC]
B.
				Discontinuance of Service for Failure to Comply with Safety Requirements and
				Standards [17.10.670.10 NMAC]
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 10 - GAS SERVICES › Part 670 - COMPLIANCE WITH SAFETY STANDARDS OF THE LIQUEFIED PETROLEUM GAS BUREAU › Section 17.10.670.9 - CERTIFICATE OF COMPLIANCE WITH SAFETY REQUIREMENTS AND STANDARDS OF THE LPG BUREAU

Current through Register Vol. 35, No. 13, July 16, 2024
No public utility engaged in the operation of any facility
				  for the manufacture, storage, distribution, sale, or furnishing to or for the
				  public of mixed or liquefied petroleum gases for light, heat, or power, or
				  other uses by means of any pipeline system operating under municipal authority
				  or franchise shall hereafter connect its distribution system to any customer's
				  installed piping or appliance unless the utility shall first have received and
				  placed in its files a certificate executed by or on behalf of the person, firm,
				  or corporation installing the piping or appliance that the installation meets
				  the minimum safety requirements and standards prescribed by the Construction
				  Industries Committee or the Liquefied Petroleum Gas Bureau of the Construction
				  Industries Division of the New Mexico Regulation and Licensing Department ("LPG
				  Bureau").
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 10 - GAS SERVICES › Part 670 - COMPLIANCE WITH SAFETY STANDARDS OF THE LIQUEFIED PETROLEUM GAS BUREAU › Section 17.10.670.10 - DISCONTINUANCE OF SERVICE FOR FAILURE TO COMPLY WITH SAFETY REQUIREMENTS AND STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
No public utility distributing liquefied petroleum gas to any
				  customer from its pipeline system shall continue to render the service after
				  receipt of notice from the LPG Bureau that the customer's installation fails to
				  meet the minimum safety requirements and standards prescribed for such
				  installation.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 10 - GAS SERVICES › Part 670 - COMPLIANCE WITH SAFETY STANDARDS OF THE LIQUEFIED PETROLEUM GAS BUREAU › Section 17.10.670.11 - HISTORY

Current through Register Vol. 35, No. 13, July 16, 2024
NMPSC Case No. 2086, order dated June 30, 1988, unless
				  otherwise noted. Formerly NMPSC First Revised General Order No. 6A, superseded
				  for purposes of rule reorganization and codification.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 2 - ADMINISTRATIVE FINES FOR TELECOMMUNICATIONS PROVIDERS › Section 17.11.2.3 - STATUTORY 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 Section
				  63-7-23
				  NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 2 - ADMINISTRATIVE FINES FOR TELECOMMUNICATIONS PROVIDERS › Section 17.11.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall take effect (date of publication in the New
				  Mexico Register) [May 15, 1996.]
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 2 - ADMINISTRATIVE FINES FOR TELECOMMUNICATIONS PROVIDERS › Section 17.11.2.6 - OBJECTIVES

Current through Register Vol. 35, No. 13, July 16, 2024
The objectives of this rule are to provide procedural rules
				  and regulations for the implementation of
				  63-7-23
				  NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 2 - ADMINISTRATIVE FINES FOR TELECOMMUNICATIONS PROVIDERS › Section 17.11.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For purposes of
				proceedings to impose administrative fines, and as used in this rule, the
				following terms have the meanings given in the cited section of the New Mexico
				Statutes Annotated 1978:
(1) Commission,
				Section 63-7-23(A)(1) NMSA 1978.
(2) Telecommunications provider, Section
				63-7-23(A)(2) NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 2 - ADMINISTRATIVE FINES FOR TELECOMMUNICATIONS PROVIDERS › Section 17.11.2.8 - PROCEDURAL RULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				procedures in Section
				63-7-23
				NMSA 1978 and the Commission's Rules of Procedure shall apply to proceedings to
				impose an administrative fine; provided, however, in proceedings to impose an
				administrative fine, if any provision of this rule or
				63-7-23
				NMSA 1978 conflict with any provision of the Commission's Rules of Procedure,
				the provision of this rule or Section
				63-7-23
				NMSA 1978 shall apply.
B. The
				provisions of Rule 27 of the Commission's Rules of Procedure concerning
				intervention shall apply to proceedings to impose an administrative fine except
				that the Commission may grant the intervention only if it appears that the
				movant would be directly affected by the Commission's decision in the
				proceeding and that the movant possesses a substantial interest in the subject
				matter of the proceeding, or that participation of the movant may be in the
				public interest, or that the movant is a proper party under the law.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 2 - ADMINISTRATIVE FINES FOR TELECOMMUNICATIONS PROVIDERS › Section 17.11.2.9 - PAYMENT OF ADMINISTRATIVE FINE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Payment of an administrative fine shall be made by certified check or money
				order payable to the "New Mexico State Corporation Commission" and should be
				delivered to the Commission's Chief Clerk, in accordance with the terms of the
				order imposing the administrative fine.
B. If payment of an administrative fine is
				not made in accordance with the terms of the order imposing the administrative
				fine, the Commission may, without further hearing, suspend or revoke the
				certificate of public convenience and necessity or other authority of the
				telecommunications provider to provide public telecommunications service in the
				state, or take other lawful action to enforce its order.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 2 - ADMINISTRATIVE FINES FOR TELECOMMUNICATIONS PROVIDERS › Section 17.11.2.10 - LIMITATION OF REMEDIES

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the imposition of an administrative fine, the
				  Commission may order such other action or actions as may be appropriate,
				  arising out of the same facts. An administrative fine ordered by the Commission
				  shall be in addition to any other penalty provided by law.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 2 - ADMINISTRATIVE FINES FOR TELECOMMUNICATIONS PROVIDERS › Section 17.11.2.11 - 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 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 or
				  circumstances, shall not be affected.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 3 - EXTENDED AREA SERVICE › Section 17.11.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Corporation Commission [New Mexico Public
				  Regulation Commissiosn], Telecommunications Department, Post Office Box 1269,
				  Santa Fe, NM 87504-1269.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 3 - EXTENDED AREA SERVICE › Section 17.11.3.6 - OBJECTIVES

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish uniform guidelines,
				  standards and procedures for filing, acceptance and processing of petitions or
				  requests for EAS which may be pending on, applied for, or made, subsequent to
				  the effective date of this rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 3 - EXTENDED AREA SERVICE › Section 17.11.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of this rule:
A.
Access line
means a
				communications facility extending from a customer's premises to a serving
				central office comprising a subscriber line.
B.
CCS
means hundred calling
				seconds, a measure of telephone traffic load obtained by multiplying the number
				of calls in one hour by the average call duration in seconds and dividing that
				product by one hundred.
C.
Commission
means the New Mexico State Corporation Commission.
D.
EAS
means extended area
				service, a switching and trunking arrangement which provides for non-optional,
				unlimited, two way, flat rate calling service between two or more contiguous
				exchanges.
E.
Exchange
				regrouping
means a method of automatically moving an exchange into
				another rate group (based on the number of access lines available for local
				calling) if the exchange no longer fits the tariffed definition for its current
				rate group.
F.
Holding
				time
means the total duration, in time, of one completed call.
G.
Local exchange company
means
				a provider of local exchange services.
H.
Rate additive
means the
				rate, if any, which may be added to subscribers of a local exchange to offset
				any increased revenue requirement which may be found by the Commission to be
				due to EAS provision.
I.
Stimulation factor
means the measure of the increase in telephone
				messages between two exchanges when they are connected by EAS instead of
				message toll service.
J.
Subscriber
means any person subscribing to a local exchange company for
				the provision of basic exchange services.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 3 - EXTENDED AREA SERVICE › Section 17.11.3.8 - EAS INQUIRIES

Current through Register Vol. 35, No. 13, July 16, 2024
The Commission may, on its own motion, initiate an inquiry
				  into an EAS proposal, may set forth its own proposal, and may otherwise
				  initiate the procedures for EAS described herein. In addition, the Commission
				  may initiate an inquiry and trigger such procedures in response to the
				  following:
A. A petition signed by at
				least twenty-five percent or 1,000 customers, whichever is less, of the
				subscribers of a local exchange company in the telephone exchange from which
				the petition originates, containing the name and telephone number of each
				petition signatory, and a verification by the local exchange company that the
				signatories are subscribers of the local exchange company located within the
				local exchange for which EAS is sought; or
B. A petition filed by the local exchange
				company who has jurisdiction over an exchange sought to be included in the EAS
				area.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 3 - EXTENDED AREA SERVICE › Section 17.11.3.10 - TRAFFIC STUDY

Current through Register Vol. 35, No. 13, July 16, 2024
If an EAS inquiry is initiated, the Commission may order that
				  a traffic study be conducted by the affected local exchange company or
				  companies. Traffic study results shall be reported to the Commission in such
				  time frame as the Commission may order. Traffic study data shall be developed
				  from and based upon a three hundred sixty-five day study of representative
				  calling patterns, shall be in such form, detail and content as the Commission
				  may require, and shall include, at a minimum, the following information, except
				  as provided in 17 NMAC 13.3.11.2 [now subsection B of
				  17.11.3.11
				  NMAC] of this rule or ordered by the Commission:
A. The number of messages, minutes and
				revenue per access line per month, over each interexchange route in both
				directions and in each direction, segregated between business and residential
				users and combined for both.
B. A
				detailed analysis of the distribution of calling usage among subscribers, over
				each route and in each direction, segregated between business and residential
				users and combined, showing, for each category, the number of customers making
				each of 0 through 15 calls (e.g., 0-1, 0-2, 0-3, etc.), and 16 or more calls
				per month.
C. Data showing, by
				class of service, the number of access lines in service for each of the
				exchanges being studied.
D. The
				interexchange toll rates, distance between rate centers, the number and
				duration of calls and the average revenue per message (ARPM) for the calls
				studied.
E. The number of Foreign
				Exchange (FX) lines in service and the average calling volumes carried on these
				lines expressed as calculated messages per month and in CCS units.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 3 - EXTENDED AREA SERVICE › Section 17.11.3.11 - COMMUNITY OF INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
A. As a
				guideline for evaluating community of interest, the Commission may consider
				that a community of interest exists when:
(1)
				the median calling rate over each interexchange route under consideration
				equals or exceeds five messages per access line per month, and
(2) at least fifty-one percent of the
				residential subscribers in the exchanges affected make at least three calls per
				month.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 3 - EXTENDED AREA SERVICE › Section 17.11.3.12 - COST STUDY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The affected
				local exchange company or companies may be ordered by the Commission to
				initiate a Total Service Long Run Incremental Cost ("TSLRIC") or other
				appropriate cost study approved for such purpose by the Commission, to
				determine changes in rates which may result from the EAS; provided however,
				that lost toll revenue shall not automatically be considered a cost of
				providing EAS. Such cost study shall consider and develop, for each route,
				relevant revenues and costs over a one year period immediately following the
				potential date for initiation of the EAS, and for a one year period, three
				years subsequent to the potential initiation of the EAS.
B. The cost study shall include the following
				information, unless otherwise ordered by the Commission:
(1) Net increases in capital costs resulting
				from required additions to network capacity, less reduction in required
				quantities of facilities and equipment utilized for toll services between the
				exchanges. The added investment will be based upon the additional switching and
				trunking needs necessary to accommodate the incremental usage at prescribed
				levels of service, as may be determined from estimates of call stimulation
				factors and holding time effects due to EAS. Annual charge factors will be
				applied to the added investment to obtain the additional annual cost
				attributable to this source.
(2)
				Analysis of increases and decreases in expenses and the net effect on operating
				expenses.
(3) A separate schedule
				showing local revenue increases resulting from exchange regrouping, as
				applicable.
(4) Analysis, by
				exchange, of changes in intrastate toll revenues, intrastate access charges,
				and intrastate access revenues.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 3 - EXTENDED AREA SERVICE › Section 17.11.3.13 - DIVISION OF COSTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. After the
				annual average incremental revenue requirement created by the new EAS is
				established by the Commission, the Commission will determine whether a rate
				additive will be charged to subscribers in the affected exchanges(s), and the
				amount of such rate additive. The Commission may order costs to be shared by
				exchanges not included in the EAS area but within the area served by the same
				local exchange company or companies.
B. In the event that the division of costs
				indicates that the increment would be more than the Commission determines to be
				just and reasonable, the Commission may allocate costs in some other fashion,
				or may determine that no further investigation is warranted, and may deny the
				EAS petition.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 3 - EXTENDED AREA SERVICE › Section 17.11.3.14 - SUBSCRIBER SURVEYS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Commission may, at any time after initiation of an EAS inquiry, order a
				subscriber survey by mail to be made of all affected subscribers by the local
				exchange company or companies.
B.
				The subscriber survey shall contain an explanatory letter stating all pertinent
				information that would enable the subscriber to make an informed choice of
				acceptance or rejection of the proposal. The explanatory letter shall contain
				at least the following items, along with such other items as the Commission may
				order:
(1) A clear and brief explanation of
				the purpose of the subscriber survey.
(2) A tabulation showing, by class of
				service, any increase in rate, rate additive or other rate change to which
				subscribers would or might be subject. The explanatory letter shall state
				separately for each exchange required to be surveyed the amount of local
				service rate increase, rate additive, or other rate change applicable to that
				exchange both in the event EAS is granted in all exchanges under consideration,
				or only the petitioning exchange.
(3) A listing of the exchanges and
				three-digit telephone number prefixes which would become accessible as a local
				call if the EAS were approved, as well as the number of access lines currently
				available to subscribers and the number of access lines which would be
				available as a local call if the EAS were approved, along with current
				comparable rates in the exchange (so that a comparison could be made with any
				resulting rate increase).
(4) A
				statement that only signed survey ballots will be counted.
(5) The date by which survey ballots must be
				postmarked to be considered. The return date shall provide, at a minimum, a
				period of thirty days from the date on which the subscriber survey is mailed to
				the subscriber, unless such time period is altered by the Commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 3 - EXTENDED AREA SERVICE › Section 17.11.3.15 - ALTERNATIVES TO EAS

Current through Register Vol. 35, No. 13, July 16, 2024
If interexchange traffic patterns are such that subscriber
				  needs may be adequately served by alternative service offerings, or EAS
				  petitions may not fully meet the requirements of this rule but higher than
				  average interexchange message traffic exists, the Commission may give
				  consideration to alternatives to EAS including, but not limited to, optional
				  two-way EAS, mandatory or optional one-way EAS, discount plans, or variations
				  of flat and measured toll rates.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 3 - EXTENDED AREA SERVICE › Section 17.11.3.16 - 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, specific EAS proceeding and
				  request, LEC or other 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, EAS proceedings and requests, or
				  circumstances, shall not be affected.
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 17.11.4.1 - 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 4 - REGISTRATION REQUIREMENTS FOR RESOLD INTRASTATE LONG DISTANCE TELECOMMUNICATIONS SERVICES AND INTRASTATE OPERATOR SERVICES › Section 17.11.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all resellers of intrastate long
				  distance telecommunications services within the State of New Mexico and to
				  operator services providers of intrastate long distance telecommunications
				  services offered within the State of New Mexico.
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 17.11.4.3 - 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 4 - REGISTRATION REQUIREMENTS FOR RESOLD INTRASTATE LONG DISTANCE TELECOMMUNICATIONS SERVICES AND INTRASTATE OPERATOR SERVICES › Section 17.11.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall take effect on November 15,
				  1996.
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 17.11.4.6 - 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 4 - REGISTRATION REQUIREMENTS FOR RESOLD INTRASTATE LONG DISTANCE TELECOMMUNICATIONS SERVICES AND INTRASTATE OPERATOR SERVICES › Section 17.11.4.7 - 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.
Access
				code
means a sequence of numbers that, when dialed, connect the caller
				to the provider of resold long distance telecommunications services or
				intrastate operator services associated with that sequence.
B.
Act
means the New Mexico
				Telecommunications Act, NMSA 1978,
				63-9A-1
et seq.
C.
Aggregator
means any person or entity who, in the ordinary course of
				operations, makes telephones available to the public, transient users of
				premises, or inmates of an institution, for telephone calls using a provider of
				intrastate operator services.
D.
Certificate of registration
means a certificate of registration
				issued by the commission for the provision of public telecommunications
				services within the State of New Mexico.
E.
Commission
means the New
				Mexico State Corporation Commission.
F.
1996 Act
means the federal
				Telecommunications Act of 1996,
				47
				U.S.C. 151,
et seq.
G.
Notice of proposed agency
				action
means a legally sufficient notification of action proposed to be
				taken by the commission.
H.
Operator services provider
means any provider of any intrastate
				telecommunications service initiated from an aggregator location that includes,
				as a component, any automatic or live assistance to a consumer to arrange for
				billing or completion, or both, of an intrastate telephone call through any
				method other than:
(1) Automatic completion
				with billing to the telephone from which the call originated; or
(2) Completion through an access code used by
				the consumer with billing to an account previously established with the
				telecommunications service provider by the consumer.
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 17.11.4.8 - 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 resold intrastate long
				distance or operator telecommunications services shall be offered in this state
				without the provider thereof first having obtained a certificate of
				registration to provide such service from the commission.
C. No certificate of registration 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 and safeguarding
				consumer and public interests.
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 17.11.4.9 - 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 the provisions of this rule before discontinuing
				  providing telecommunications service.
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 17.11.4.10 - PROCEDURES FOR APPLICATION FOR A CERTIFICATE OF REGISTRATION TO PROVIDE RESOLD INTRASTATE LONG DISTANCE TELECOMMUNICATIONS SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person, corporation, municipal
				corporation, partnership or association proposing to act as a reseller within
				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. An application for a
				certificate of registration to provide resale of long distance
				telecommunications services must contain the following:
(1) Financial information detailing the
				applicant's financial resources that will support provision of the resold
				service 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 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 resold telecommunications services
				within this state properly and continuously. This description shall detail the
				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 4 - REGISTRATION REQUIREMENTS FOR RESOLD INTRASTATE LONG DISTANCE TELECOMMUNICATIONS SERVICES AND INTRASTATE OPERATOR SERVICES › Section 17.11.4.11 - APPLICATION FOR A CERTIFICATE OF REGISTRATION TO PROVIDE INTRASTATE OPERATOR SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person, corporation, municipal corporation, partnership or association
				proposing to provide intrastate operator services in New Mexico 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 intrastate operator services must contain the
				following:
(1) Financial information
				detailing the applicant's financial resources that will support provision of
				the resold service 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
				intrastate operator 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) 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 intrastate operator services within this state properly and
				continuously. This description shall detail the 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 4 - REGISTRATION REQUIREMENTS FOR RESOLD INTRASTATE LONG DISTANCE TELECOMMUNICATIONS SERVICES AND INTRASTATE OPERATOR SERVICES › Section 17.11.4.12 - PENDING APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE RESOLD INTRASTATE LONG DISTANCE AND/OR INTRASTATE OPERATOR SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
All applications for certificates of public convenience and
				  necessity to provide resold intrastate long distance and/or intrastate operator
				  services 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 4 - REGISTRATION REQUIREMENTS FOR RESOLD INTRASTATE LONG DISTANCE TELECOMMUNICATIONS SERVICES AND INTRASTATE OPERATOR SERVICES › Section 17.11.4.13 - 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 4 - REGISTRATION REQUIREMENTS FOR RESOLD INTRASTATE LONG DISTANCE TELECOMMUNICATIONS SERVICES AND INTRASTATE OPERATOR SERVICES › Section 17.11.4.14 - 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 resold
				  intrastate long distance telecommunications services and/or intrastate operator
				  provider services 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 4 - REGISTRATION REQUIREMENTS FOR RESOLD INTRASTATE LONG DISTANCE TELECOMMUNICATIONS SERVICES AND INTRASTATE OPERATOR SERVICES › Section 17.11.4.15 - 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 resold intrastate
				  telecommunications services and/or intrastate operator services shall do the
				  following prior to discontinuing its service in order to ensure that continued
				  quality of service and consumer interests are ensured and protected:
A. No later than sixty 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 local exchange
				carriers or other carriers whose facilities and services are used to provide
				resold intrastate long distance telecommunications services and/or intrastate
				operator services.
(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 4 - REGISTRATION REQUIREMENTS FOR RESOLD INTRASTATE LONG DISTANCE TELECOMMUNICATIONS SERVICES AND INTRASTATE OPERATOR SERVICES › Section 17.11.4.16 - TARIFF CHANGES AND NEW SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Should an applicant 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 applicant 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.