reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.24 - PETITIONS FOR ETC DESIGNATION AND AMOUNT OF SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any entity seeking designation as a state or federal ETC must file a petition with the commission.
In the case of a petition for ETC designation, for state or federal universal service fund the petition shall:
(1) include a description of the proposed service area for which it seeks designation that is consistent with the federal requirements relating to service areas set forth in 47 CFR 54.207;
(2) demonstrate that the entity meets the requirements in Section 214(e) of the federal act (47 U.S.C. Section 214(e)) to be designated as a federal ETC;
(3) for federal USF support, demonstrate how the applicant meets the requirements of 47 CFR 54.101 through  54.203;
(4) demonstrate that the proposed designation is in the public interest;
(5) demonstrate that the proposed ETC is financially and technically competent to provide the supported services for federal or state support;
(6) demonstrate the petitioner's ability to remain functional in emergency situations;
(7) demonstrate that the petitioner will satisfy applicable consumer protection and service quality standards;
(8) demonstrate that granting ETC status to the petitioner in the designated area is likely to result in more customer choice;
(9) address the impact of designation of the petitioner on the size of the state fund or federal USF;
(10) address the unique advantages and disadvantages of the petitioner's service offering;
(11) demonstrate the petitioner's willingness and ability to offer service throughout the designated service area within a reasonable time frame, or time frame required by state or federal law; and
(12) provide such other information as the commission or the administrator may find appropriate.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.25 - PETITION FOR SUPPORT BASED ON NEED

Current through Register Vol. 35, No. 13, July 16, 2024
A. An ETC serving in a rural area of the state may petition the commission for support from the fund when such payments are needed to ensure the widespread availability and affordability of universal service in the rural area(s) of the state served by the ETC.
B. In addition to establishing need as described in Subsection A of this section, a petition for support based on need shall identify the geographic area for which support is requested, and shall demonstrate with particularity how the proposed payments from the fund will be used in a manner consistent with the use of fund support requirements set forth in 17.11.10.27 NMAC.
C. In support of the petition, the ETC must make available to the commission such information from the ETC that the commission deems necessary, including but not limited to information relating to the ETC's regulated revenues, expenses, and investments, to determine whether support is needed to ensure the widespread availability and affordability of universal service in the area identified in the petition.
D. The commission shall resolve each petition for support based on need with or without a hearing no later than six months following the filing date of the petition, unless the commission finds that a longer time will be required, in which case the commission may extend the period for an additional three months.
E. Companies reporting the use of funds granted by the commission under this section shall provide, on a semi-annual basis, the following:
(1) Specific details of projects for which fund support is used; itemized by the categories of capital expenditures (CapEx) and the related operations expenditures (OpEx).
(a) Project descriptions will explain the objectives or intended goal of the project. Such as increased capacity or efficiency, redundancy, expansion of network or services.
(b) Project prioritizations of buildout plans in technical terms that include locations, maps as applicable, milestones and benchmarks to measure performance and assure compliance. The description shall also provide project status, spending plans and metrics.
(c) Narratives of the projects that explain the current and ongoing status of completion or ready for service dates (RFS), and other pertinent facts (i.e., project delays, permit status, surveys, right of ways issues) for reporting purposes. The term ready for service ("RFS") means a description of projects where construction is complete and the project is operational.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.26 - COMPLIANCE WITH CONTRIBUTION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the administrator finds that a contributing company has not contributed the amount required by this rule, the administrator shall notify the contributing company in writing. The administrator shall request the company to pay the deficiency in its contribution.
B. The contributing company shall pay the requested amount within 21 days of the date of the notice or seek dispute resolution as provided in this rule.
C. If attempts by the administrator to collect the total requested amount from a contributing company or to resolve a dispute are unsuccessful, the administrator shall notify the commission in writing.
D. Upon request by the administrator, a complaint filed by an interested party, or on its own motion, the commission, after providing notice and an opportunity for a hearing in accordance with 17.1.2 NMAC, may issue an order requiring a contributing company to pay any arrearage in contributions that the commission finds to exist and may also impose interest, a fine or other appropriate administrative penalties or requirements or bonding to assure future compliance with contribution requirements. In the event that a contributing company fails or refuses to comply with a commission order issued pursuant to this provision, the commission may petition the appropriate district court for appropriate injunctive relief and for enforcement of the commission's order.
E. The commission may take the same types of action set forth in Subsection D of 17.11.10.26 NMAC in the event that it finds, after a proceeding of the type specified in Subsection D of 17.11.10.26 NMAC, that a contributing company or an ETC has, in any other way, violated any provision of this rule or of the rural telecommunications act of New Mexico, Sections  63-9H-1 NMSA 1978
et seq
.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.27 - USE OF FUND SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. An ETC shall use fund support in a manner consistent with the rural telecommunications act, Sections  63-9H-1 NMSA 1978
et seq
, Section 254 of the federal telecommunications act (47 U.S.C. 254), and commission rules and orders. Fund support must be used to maintain and support universal service; provided, however, that each ETC receiving support pursuant to 17.11.10.19 or 17.11.10.25 NMAC must expend no less than sixty percent of the support it receives to deploy and maintain broadband internet access services in rural areas of the state, Subsection F of Section  63-9H-6 NMSA 1978.
B. If the commission finds, in a proceeding on its own motion or on the motion of the administrator or an interested party, that an ETC has used fund support for purposes other than to preserve and advance universal service or that the ETC has failed to satisfy the sixty percent minimum expenditure requirement referenced in Subsection A of 17.11.10.27 NMAC, the commission may impose an appropriate administrative remedy, which may include, but need not be limited to, ordering the ETC to refund amounts paid to it from the fund and withholding future payments.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.28 - ACCESS TO BOOKS, RECORDS AND PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The administrator or the commission shall have access to the books of account, records and property of all contributing companies and ETCs to the extent necessary to verify information reported or required to be reported pursuant to this rule. The administrator or commission may direct a contributing company or ETC to send copies of records to the administrator or commission or may inspect records at the offices of the contributing company or ETC, at the administrator's or commission's discretion.
B. In the normal course of business, the administrator will give at least three days' notice of its plans to inspect records in the offices of a contributing company or ETC. The administrator may apply to the commission to procure a subpoena in order to inspect records without notice.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.29 - REVIEW AND AUDIT OF ADMINISTRATOR AND FUND

Current through Register Vol. 35, No. 13, July 16, 2024
The administrator shall provide the commission with a financial statement of the fund and the administration of the fund on an annual basis by May 1. The commission shall engage a qualified independent auditor to audit each such financial statement and to submit a written opinion to the commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 10 - STATE RURAL UNIVERSAL SERVICE FUND › Section 17.11.10.31 - BROADBAND PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is the goal of the commission that New Mexico consumers have access to high-quality broadband service from both wireline and mobile broadband providers. Pursuant to Subsection N of Section  63-9H-6, NMSA 1978, ETCs may separately apply to the commission for grants to fund the construction and maintenance of facilities that are capable of providing broadband internet access service to areas unserved or underserved by broadband in the state. Applications must be primarily for coverage of the construction costs of new facilities, but such applications may include a request for maintenance costs of those facilities as well. Each grant that is awarded will provide up to seventy five percent of the budgeted project cost, with the ETC applying the remainder from its own funds. Projects receiving any source of third-party funding other than potential loan funds, FCC high-cost fund legacy support or connect America fund support (including mobility fund support) will not be eligible. Each applicant shall provide a detailed description in their application of the origin and type of funding provided for the carrier match, and a certification that those monies are not duplicative of other purposes or projects other than SRUSF broadband program projects. In evaluating applications, the commission shall seek to avoid duplication of service using the same technology. Awards of support under this section shall be consistent with federal universal service support programs and be based on the best use of the fund for rural areas of the state. For purposes of administering the broadband program, the commission may find that a broadband program proposed project area is a rural area, notwithstanding the definition of rural area in Subsection U of 17.11.10.7 NMAC, if it determines that:
(1) the area otherwise has the characteristics of a rural area;
(2) the area is unserved or underserved by broadband; and
(3) the public interest requires that the area be classified as rural.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 11 - LIFELINE AND LINKUP BENEFITS › Section 17.11.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all entities that have been designated
				  by the commission as eligible telecommunications carriers and that may receive
				  disbursements from the state rural universal service fund or the federal
				  universal service fund.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 11 - LIFELINE AND LINKUP BENEFITS › Section 17.11.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  8-8-4,
				  63-9C-4
				  and
				  63-9H-6
				  NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 11 - LIFELINE AND LINKUP BENEFITS › Section 17.11.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 15, 2010, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 11 - LIFELINE AND LINKUP BENEFITS › Section 17.11.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to ensure that each eligible
				  telecommunications carrier designated by the commission provides lifeline and
				  link-up benefits intended to make basic telecommunications services available
				  to qualifying individuals and households under specified public assistance
				  programs or income-based criteria. Lifeline and linkup have also been known in
				  New Mexico as low-income telephone assistance programs or
				  "LITAP.".
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 11 - LIFELINE AND LINKUP BENEFITS › Section 17.11.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Applicant
means an eligible customer of an eligible telecommunications
				carrier.
B.
Carrier
means an entity that provides intrastate retail public telecommunications
				services or comparable retail alternative services in New Mexico.
C.
Eligible telecommunications carrier
				("ETC")
means a carrier that has been designated by the commission as
				eligible to receive disbursement from the state rural universal service fund or
				the federal universal service fund.
D.
Federal poverty guidelines
means the poverty guidelines issued each year by the federal health and human
				services department and published in the federal register.
E.
Income
means all income
				actually received by all members of the household. This includes salary before
				deductions of taxes, public assistance benefits, inheritances, alimony, child
				support payments, workers' compensation benefits, gifts, lottery winnings, and
				the like. The only exceptions are student financial aid, military housing and
				cost-of-living allowances, irregular income from occasional small jobs such as
				baby-sitting or lawn mowing, and the like.
F.
Responsible agency
means the
				state government agency or other entity designated by the commission to
				administer the certification, verification and continued verifications of
				lifeline enrollment.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 11 - LIFELINE AND LINKUP BENEFITS › Section 17.11.11.8 - ELIGIBILITY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Program-Based Criteria.
All ETCs shall provide lifeline and linkup
				benefits to any applicant who self-certifies, under penalty of perjury, that
				his or her household is eligible for public assistance under one or more of the
				following programs:
(1) temporary assistance
				to needy families (TANF);
(2) food
				stamps;
(3) low income home energy
				assistance program (LIHEAP);
(4)
				medicaid;
(5) supplemental security
				income;
(6) national school lunch
				program; or
(7) federal public
				housing assistance.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 11 - LIFELINE AND LINKUP BENEFITS › Section 17.11.11.10 - LIFELINE AND LINKUP BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Benefits.
Lifeline benefits provided by ETCs shall consist of
				basic service, or its functional equivalent, and usage charges, less a discount
				of not less than $3.50 and any other lifeline benefits established by the
				federal communications commission. ETCs shall provide linkup benefits in
				accordance with the federal linkup program utilizing the eligibility criteria
				set forth in Subsections A and B of 17.11.11.8 NMAC.
B.
Deposits.
When customer
				security deposits are otherwise required, they will be waived for lifeline
				service customers if the customer voluntarily elects to receive toll
				blocking.
C.
Nonrecurring
				Charge Waiver.
Lifeline customers will receive a waiver of the
				nonrecurring charge for changing the type of local exchange usage service to
				lifeline, or changing from flat rate service to message rate service, or vice
				versa, but only one such waiver shall be allowed during any 12-month
				period.
D.
Termination.
Lifeline benefits shall not be terminated for nonpayment of
				toll service.
E.
Restrictions.
A lifeline customer may receive lifeline and linkup
				benefits only for the customer's principal service line. Lifeline and linkup
				benefits are not available for service lines used for business
				purposes.
F.
Other
				Services.
A lifeline customer will not be required to purchase other
				services from the ETC, nor prohibited from purchasing other services, either
				separately or in a bundle with lifeline supported services, unless the customer
				has failed to comply with the ETC's terms and conditions for those
				services.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 11 - LIFELINE AND LINKUP BENEFITS › Section 17.11.11.11 - FUNDING OF LIFELINE AND LINKUP BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Reporting Requirements.
All
				ETCs seeking cost recovery shall submit to the commission a monthly report, on
				or before the 15th day of each month, containing a
				description of the ETC's lifeline and linkup benefits. The report shall contain
				monthly information on:
(1) the foregone
				revenue resulting from the discounts provided to lifeline customers;
(2) the amounts of administrative,
				advertising, voucher and other lifeline and linkup expenses, including only
				those administrative costs borne by the ETCs over and above what they have
				expended in connection with their federal universal service duties;
(3) interest accrual amounts on lifeline and
				linkup funds; and
(4) the number of
				lifeline customers.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 17.11.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
It is the purpose of these regulations together with the
				  Commission's Rules of Procedure, other rules and regulations of the Commission
				  relating to telecommunications heretofore or hereafter promulgated by the
				  Commission and orders of the Commission heretofore or hereafter issued by the
				  Commission to administer the Act pursuant to Section 13
				  thereof.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 17.11.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in the Telecommunications Act Regulations:
A. "Commission" means the New Mexico State
				Corporation Commission [New Mexico Public Regulation Commission];
B. "Act" means the New Mexico
				Telecommunications Act, Laws 1985, Chapter 242;
C. "Public Telecommunications Service" refers
				to that definition of the term as set forth in Section 3.B of the
				Act;
D. "certificate" means a
				certificate of public convenience and necessity issued by the Commission for
				the provision of public telecommunications service within the State of New
				Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 17.11.13.8 - RULES AND REGULATIONS FOR COMPETITIVE TELECOMMUNICATIONS SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. On January 24,
				1985, the New Mexico State Corporation Commission [New Mexico Public Regulation
				Commission] ("Commission") issued an Order establishing the above-entitled
				Docket for purposes of adopting regulations for competitive telecommunications
				services. The Order directed any person or entity to submit comments or
				alternatives to the Commission regarding the proposal for regulation filed by
				the Commission by Mountain States Telephone and Telegraph Company (Mountain
				Bell) proposal for regulations on or before February 20, 1985. After review of
				the proposals for regulation, the Commission prepared, issued and delivered its
				proposed set of rules concerning the subject of this docket to all parties
				listed on Exhibit A attached to the January 24, 1985 Order. Publication of this
				proceeding was made in the Albuquerque Journal on January 28, 1985. A public
				hearing was held before the Commission on March 8, 1985 at which time comments
				were received addressing the proposed regulations issued by the
				Commission.
B. On April 11, 1985
				Staff for the Commission submitted a Motion for Leave to File Further Proposed
				Regulations. Staff's motion cited the April 5, 1985 signing into law by the
				Governor of New Mexico of the New Mexico Telecommunications Act (House Bills
				271 and 559), as the rationale for the filing of further proposed regulations.
				The Commission, finding good cause in Staff's Motion ordered that further
				proposed regulations be submitted by May 20, 1985.
C. The Commission, having reviewed all
				proposals submitted for regulations for competitive services, and having
				reviewed and considered the testimony during the March 8, 1985 hearing hereby
				adopts the following regulations for competitive telecommunications services in
				New Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 17.11.13.10 - CERTIFICATE REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				public telecommunications service shall be offered in this state except in
				accordance with the provisions of the Act and these regulations.
B. No public telecommunications service shall
				be offered in this state without the provider thereof first having obtained a
				certificate to provide such service from the Commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 17.11.13.11 - EXISTING CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				certificates heretofore issued by the Commission shall continue in full force
				provided the holder thereof has fully complied with the applicable provisions
				relating to continuous and adequate service to the public imposed by statute or
				the Commission at the time of issuance of the certificate or subsequent
				amendment.
B. The holder of any
				existing certificate shall continue to render continuous and adequate service
				to the public as required by statute or the Commission at the time of issuance
				thereof or by any subsequent amendment. Such holder shall not discontinue,
				reduce or impair service to a certificated area as established by the
				certificate, or part of a certificated area, except for ordinary discontinuance
				or service for nonpayment of charges, nonuse, or similar reasons in the
				ordinary course of business, unless and until there shall first have been
				obtained from the Commission a certificate that neither the present nor future
				public convenience and necessity will be adversely affected thereby; except
				that the Commission may, upon appropriate request being made, authorize
				temporary or emergency discontinuance, reduction or impairment of service,
				without regard to the provision of this section.
C. Nothing in this section shall be construed
				as requiring the authorization of the Commission for any installation,
				replacement or other changes in plant, operation or equipment which will not
				impair the adequacy or quality of service provided.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 17.11.13.12 - ADDITIONAL CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person, corporation, municipal corporation, partnership or association
				proposing to construct or operate any plant or equipment for the provision of
				public telecommunications service shall first make application to the
				Commission for a certificate to construct or operate such plant or equipment.
				Such application shall conform to the Commission's Rules of Procedure relating
				to pleadings then in effect and shall contain a verified statement reflecting
				how the public convenience and necessity requires the plant, equipment and
				service or services applied for.
B.
				The application for a certificate shall contain sufficient information to
				demonstrate that,
(1) it is economically
				feasible to operate the proposed plant or equipment successfully and
				continuously for the furnishing of public telecommunications service;
(2) the applicant has sufficient financial
				resources to provide the proposed public telecommunications service properly
				and continuously;
(3) the applicant
				has competent and experienced management and personnel to provide the proposed
				public telecommunications service;
(4) the applicant is willing and able to
				conform to the constitution and laws of the State of New Mexico and to the
				rules and regulations of the Commission; and
(5) the applicant is in every respect willing
				and able to provide public telecommunications service properly and
				continuously.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 17.11.13.13 - NOTICE OF APPLICATIONS FOR CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Commission, upon filing of an
				application for a certificate, shall set the time and place for a hearing
				thereon and such other and further procedural dates and requirements as the
				Commission shall deem proper.
B.
				The Commission will require the applicant to serve notice of the application
				together with all procedural and hearing dates on all known interested parties
				and shall require the applicant to cause similar notice of the application and
				the procedural and hearing dates to be published in a newspaper of general
				circulation in the geographical area where the proposed service is to be
				offered at least ten days prior to the hearing on the application.
C. The Commission may entertain intervention
				in a proceeding involving an application for a certificate by any interested
				person and may require the filing of written testimony concerning the
				application at any time the Commission sees fit.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 17.11.13.14 - HEARINGS-CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All hearings
				conducted pursuant to an application for a certificate shall be conducted
				pursuant to the Commission's Rules of Procedure unless otherwise provided
				herein or by order of the Commission.
B. The burden of establishing that the
				issuance of a certificate is in the public interest and that all requirements
				for the issuance of a certificate have been met shall rest with the applicant
				for such certificate.
C. The
				Commission shall determine when and upon what conditions plant, equipment or
				services may be provided and shall determine such terms and conditions that
				will attach to the exercise of the rights afforded by certificates. Unless
				otherwise provided by the Commission, all certificates issued by the Commission
				shall carry the requirements set forth in Section 5.B [Subsection B of
				17.11.13.11 NMAC] of these regulations for the holders of existing
				certificates.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 17.11.13.15 - ASSIGNABILITY-CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
Any certificate or rights obtained under any such certificate
				  held, owned or obtained by any entity, may be sold, assigned or leased only
				  after a determination by the Commission that the purchaser, assignee or lessee
				  is capable of rendering adequate and continuous public telecommunications
				  service.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 17.11.13.16 - MANNER OF REGULATION-COMPETITIVE SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Commission regulation of a public
				telecommunications service that is subject to competition shall be obtained
				through the filing of a "Petition for Determination" by any interested party or
				entity including the Commission's staff.
B. A petition for determination (hereafter
				sometimes referred to as "petition") shall contain at least the following
				information:
(1) relevant facts regarding the
				nature of the public telecommunications service or services for which a
				determination is sought including the names of competitor(s) by location
				providing or ready and willing to provide the same or similar service or
				services or a functionally equivalent alternative or substitute service within
				the same market area which meets the same general customer needs within that
				area;
(2) the minimum rate or
				charge proposed to be charged for the service that is the subject of the
				petition or the proposed range of charges for such service or
				services;
(3) a cost study
				demonstrating that the minimum rate proposed to be charged for the service that
				is the subject of the petition is not less than the true cost of providing such
				service;
(4) a full and adequate
				description of the market area for which the proposed minimum rate or range of
				rates is to apply;
(5) the type of
				customer affected by the competitive service together with an estimate of the
				number of customers so affected;
(6) if an applicant provides regulated
				telecommunications services in New Mexico, the applicant shall specify the
				loss, if any, in net contribution expected, due to competition in the
				competitive service and how the applicant proposes to adjust rates in their
				non-competitive services, to compensate for the loss of contribution.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 17.11.13.17 - MINIMUM PRICING POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Unless otherwise ordered by the Commission upon specific request by the
				applicant containing ample justification for the request and why none of the
				pricing methodologies discussed below are applicable to the petition, the
				information provided with or contained in a petition shall be such that it will
				provide the Commission with the minimum price or the range of prices for a
				competitive public telecommunications service developed through one of the
				following pricing methodologies:
(1) Direct
				Cost Pricing:
(a) This methodology shall
				start with the total current cost of the investments involved with the
				competitive service and develop the broad categories of service, including
				interstate if applicable, that are using that investment.
(b) It shall further develop for the
				categories of service, current maintenance expenses using maintenance to
				investment ratios, current overhead administrative expenses using overhead
				administrative expenses to investment ratios and current ad valorum taxes using
				ad valorum taxes to investment ratios.
(c) Where investment is shared with
				non-competitive service or services, it shall in the calculation of spearate
				[separate] competitive service costs develop the dollar amount of usage
				sensitive investment to be used by the competitive service through allocations
				based on usage by the board categories of service, and apply the factors from
				subparagraph A.2 [1 (b)] of this section to obtain a reasonable allocation of
				shared costs and allocated costs of the competitive service.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 17.11.13.18 - EFFECT OF DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
In granting a petition for determination, the Commission
				  will:
A. Make a finding that multiple
				persons or entities are providing or ready to provide the same or similar
				service or services or a functionally equivalent alternative or substitute
				service and that such persons or entities are making such service or services
				reasonably available in the same market area which generally meets the same
				customer needs;
B. Identify the
				market area wherein the particular service is subject to competition;
C. Establish a minimum rate or range of rates
				to be charged for such competitive service within the particular market area
				which shall not be less than the cost of providing such service unless the
				Commission finds that the service should be priced above cost for a specific
				reason;
D. Give its approval to and
				authorize the petitioner to change from time to time the rates and charges for
				such service; provided that the Commission shall be notified within ten days
				prior to any such change in rates and charges and that such change in rates and
				charges shall not be set below the approved minimum rate;
E. Authorize the removal of the price of any
				such competitive service from any public tariff which is on file with the
				Commission;
F. Authorize, if the
				Commission deems it necessary, an open docket solely for the filing and
				disposition of further matters pertaining to a competitive service;
				and
G. Provide for filing of the
				minimum price or range prices with the Commission as proprietary
				information.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 17.11.13.19 - GENERAL POLICIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				finding that a particular service is subject to competition within a particular
				market area of the state does not mean that the Commission has found that the
				service is competitive in other market areas or statewide.
B. After making a determination that a
				service is competitive, the Commission may reverse such finding if it is
				subsequently established that the Commission cannot then make the affirmative
				findings for a competitive service of Section 12.A [Subsection A of 17.11.13.18
				NMAC] hereof.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 17.11.13.20 - CONFIDENTIALITY OF INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A petitioner may request that the Commission designate
				  information contained in its Petition for Determination and any proceedings in
				  connection therewith as confidential, including but not limited to cost
				  analysis for such services. In ruling on any such request for confidentiality,
				  the Commission will take into account the interests of the petitioner, the
				  competitors, and the public interest.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 17.11.13.21 - REGULATION OF INDIVIDUAL CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In accordance with the provisions of this
				section, the Commission may regulate the rates, charges, and service conditions
				for individual contracts for public telecommunications services in a manner
				which facilitates competition.
B.
				At any time, the provider of public telecommunications service may file a
				verified application with the Commission to provide a public telecommunications
				service or a combination of services on an individual contract basis. The
				application shall:
(1) Describe the
				telecommunications services to be offered.
(2) Describe the party to be served by the
				service(s) and the parties offering the service(s).
(3) If the individual contract would be for
				the provision of a combination of services, the application shall identify such
				services as have been determined to be competitive by the Commission pursuant
				to a Petition for Determination and which services the applicant offers as
				non-competitive and the price therefore which has been set by the
				Commission.
(4) Contain such
				additional information as shall be reasonably related to the determination of
				the existence of competition for the service or services that are the subject
				of the individual contract.
(5)
				Contain such additional information as shall reasonably reflect that the
				applicant's proposal to provide the services meets the minimum price authorized
				by the Commission for the competitive services and the price set forth in
				tariffs approved by the Commission for the non-competitive services.
(6) Contain any additional information which
				demonstrates that the individual contract will meet or exceed the cost of the
				applicant in providing the services thereunder.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 17.11.13.22 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of these regulations is held
				  invalid the remainder or its application to other situations or persons shall
				  not be affected.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 14 - IN THE MATTER OF THE COMMISSION'S INQUIRY INTO THE APPROPRIATE REGULATORY STANDARDS APPLICABLE TO NON-FACILITIES BASED RESELLER › Section 17.11.14.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Corporation Commission [New Mexico Public
				  Regulation Commission] - Telecommunications Division.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 14 - IN THE MATTER OF THE COMMISSION'S INQUIRY INTO THE APPROPRIATE REGULATORY STANDARDS APPLICABLE TO NON-FACILITIES BASED RESELLER › Section 17.11.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 14 - IN THE MATTER OF THE COMMISSION'S INQUIRY INTO THE APPROPRIATE REGULATORY STANDARDS APPLICABLE TO NON-FACILITIES BASED RESELLER › Section 17.11.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 14 - IN THE MATTER OF THE COMMISSION'S INQUIRY INTO THE APPROPRIATE REGULATORY STANDARDS APPLICABLE TO NON-FACILITIES BASED RESELLER › Section 17.11.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of these rules and regulations, together with the
				  Commission's Rules and Procedure, and other rules and regulations of the
				  Commission relating to telecommunications heretofore or hereafter promulgated
				  by the Commission, and Orders of the Commission heretofore or hereafter issued
				  by the Commission, is to administer the Act, pursuant to the provisions of
				  Section 13 thereof.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 14 - IN THE MATTER OF THE COMMISSION'S INQUIRY INTO THE APPROPRIATE REGULATORY STANDARDS APPLICABLE TO NON-FACILITIES BASED RESELLER › Section 17.11.14.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in the Rules of Regulations for Non-Facilities Based
				  Resellers of Telecommunications Services:
A. "Commission" means the New Mexico State
				Corporation Commission [New Mexico Public Regulation Commission].
B. "Act" means the New Mexico
				Telecommunications Act, Section
				63-9A-1 et
				seq. NMSA.
C. "Public
				telecommunications services" refers to that definition of the term as set forth
				in Section 3(L) of the New Mexico Telecommunications Act.
D. "Certificate" means a certificate of
				public convenience and necessity issued by the State Corporation Commission
				[Public Regulation Commission] for the provision of public telecommunication
				services within the State of New Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 14 - IN THE MATTER OF THE COMMISSION'S INQUIRY INTO THE APPROPRIATE REGULATORY STANDARDS APPLICABLE TO NON-FACILITIES BASED RESELLER › Section 17.11.14.8 - RULES AND REGULATIONS FOR NON-FACILITIES BASED RESELLERS OF PUBLIC TELECOMMUNICATIONS SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
This matter came before the New Mexico State Corporation
				  Commission [New Mexico Public Regulation Commission] ("Commission") pursuant to
				  its own inquiry into the applicable regulatory standards to be applied to
				  non-facilities based resellers of public telecommunications service within the
				  State of New Mexico; and the Commission, having reviewed the comments submitted
				  by the various parties, and having reviewed and considered the arguments of
				  counsel, hereby adopts the following rules and regulations for non-facilities
				  based resellers of Telecommunications Services in New Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 14 - IN THE MATTER OF THE COMMISSION'S INQUIRY INTO THE APPROPRIATE REGULATORY STANDARDS APPLICABLE TO NON-FACILITIES BASED RESELLER › Section 17.11.14.9 - TITLE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations maybe cited as the Rules and Regulations
				  for Non-Facilities Based Resellers of Public Telecommunication
				  Service.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 14 - IN THE MATTER OF THE COMMISSION'S INQUIRY INTO THE APPROPRIATE REGULATORY STANDARDS APPLICABLE TO NON-FACILITIES BASED RESELLER › Section 17.11.14.10 - CERTIFICATE REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				reseller shall offer public telecommunications services in this state except in
				accordance with the provisions of the Act, and these Rules and
				Regulations.
B. No reseller shall
				offer public telecommunications services in this state without the provider
				thereof first having obtained a Certificate to provide such service from the
				Commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 14 - IN THE MATTER OF THE COMMISSION'S INQUIRY INTO THE APPROPRIATE REGULATORY STANDARDS APPLICABLE TO NON-FACILITIES BASED RESELLER › Section 17.11.14.11 - EXISTING CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				Certificates heretofore issued by the Commission to resellers shall continue to
				full force and effect.
B. All
				Certificates heretofore issued by the Commission to resellers shall be subject
				to the provisions of these rules and regulations.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 14 - IN THE MATTER OF THE COMMISSION'S INQUIRY INTO THE APPROPRIATE REGULATORY STANDARDS APPLICABLE TO NON-FACILITIES BASED RESELLER › Section 17.11.14.12 - CERTIFICATE APPLICATIONS

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. Such application shall conform to the
				provisions of the Act and to the Commission's Rules and Procedures relating to
				pleadings, procedure and practice before the Commission.
B. The application for certificate shall
				contain sufficient information to demonstrate that:
(1) it is economically feasible to operate
				the proposed services successfully and continuously;
(2) the applicant has sufficient financial
				resources to provide the proposed telecommunications services properly and
				continuously;
(3) the applicant has
				competent and experienced management personnel to provide the proposed
				telecommunications service;
(4) the
				applicant is willing and able to conform to the constitution and laws of the
				State of New Mexico and to the rules and regulations of the
				Commission;
(5) the applicant is in
				every respect willing and able to provide public telecommunications services
				properly and continuously.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 14 - IN THE MATTER OF THE COMMISSION'S INQUIRY INTO THE APPROPRIATE REGULATORY STANDARDS APPLICABLE TO NON-FACILITIES BASED RESELLER › Section 17.11.14.13 - NOTICE OF APPLICATIONS FOR CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Commission, upon the filing of an
				application for a certificate, shall set the time and place for hearing thereon
				and such other and further procedural dates and requirements of the Commission
				as it shall deem proper. The Commission will require the applicant to serve
				notice of the application together with all procedural and hearing dates on all
				known interested parties, and further require the applicant to cause a similar
				notice of the application and the procedural and hearing dates to be published
				in the newspaper of general circulation in the geographical area where the
				proposed services to be offered at least 20 days prior to the date of hearing
				on the application.
B. The
				Commission may entertain intervention in a proceeding involving an application
				for a certificate by any interested person and may require the filing of
				written testimony concerning the application at any time the Commission sees
				fit.