New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 11 - LIFELINE AND LINKUP BENEFITS › Section 17.11.11.9 - CONTINUING ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Annual Verification.
The continuing eligibility of customers for
				lifeline benefits shall be verified annually.
B.
Verification Methods.
The
				ETC or responsible agency shall verify the continued eligibility of lifeline
				customers under the program-based and income-based eligibility criteria. The
				ETC or responsible agency shall establish methods by which program-based and
				income-based eligibility shall be verified on an annual basis including, but
				not limited to, self-certification, reviews of state computer data bases,
				beneficiary audits, income documentation, or the continued eligibility of a
				statistically valid sample of lifeline customers.
C.
Restoration Of Service And Payment
				Plans.
ETCs must restore service for any customer who has had telephone
				service discontinued for nonpayment of basic service charges, provided that the
				customer was not a participant in LITAP at the time of discontinuance, but now
				qualifies. The ETC must also make a reasonable payment arrangement allowing six
				months for payment for past due basic service charges.
D.
Termination Notices and Dispute
				Resolution.
If a customer fails to establish continued eligibility, the
				ETC or responsible agency shall notify the customer of its intent to
				discontinue the customer's eligibility and the basis for that decision.
(1) The eligibility termination notice shall
				be in writing and shall be delivered to the customer's mailing
				address.
(2) The eligibility
				termination notice must allow the customer at least 60 days to demonstrate
				continued eligibility consistent with the rule. The customer's participation in
				lifeline service may not be discontinued during this 60-day period.
(3) The eligibility termination notice shall
				include a statement advising the customer of the option to continue local
				telephone service after termination of lifeline service benefits at the
				non-discounted rate.
(4) If the
				customer fails to provide proof of continued eligibility as required, or the
				ETC or responsible agency does not accept the customer's proof of continue
				eligibility, the ETC or responsible agency shall notify the customer in writing
				of its determination to discontinue the customer's participation in lifeline
				benefits. The notice shall include instructions for filing an appeal of the
				determination.
(5) If the customer
				disputes the non-eligibility determination, he or she shall notify the ETC or
				responsible agency. If the customer is still unable to resolve the dispute, he
				or she may appeal a non-eligibility determination within sixty (60) days of the
				date of the notice from the ETC or responsible agency by filing a written
				notice of appeal with the commission. Lifeline benefits will continue pending
				an appeal of a non-eligibility determination.
(6) An appeal pursuant to this rule shall be
				addressed by the commission consistent with the complaint procedures set forth
				in the commission's Consumer Protection rule (17.11.16 NMAC).