reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 25 - CONSUMER PROTECTION STANDARDS APPLICABLE TO LARGE INCUMBENT LOCAL EXCHANGE CARRIERS › Section 17.11.25.16 - BILLING DISPUTES AND ERRORS, GENERAL REFUNDS AND BILL CREDITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the event of a
				dispute between a customer and a LILEC concerning a bill for telecommunications
				services, the LILEC may require the customer to pay the undisputed portion of
				the bill to avoid discontinuance of service for non-payment. The LILEC shall
				make an investigation appropriate to the case, and report the results to the
				customer. In the event the dispute is not reconciled, the LILEC shall advise
				the customer that the customer may file a complaint with the commission for
				disposition of the matter.
B.
				Whenever the billing for service has not been determined accurately because of
				a LILEC's omission or negligence, the LILEC shall correct the error, and:
(1) notify customers that an adjustment has
				been made;
(2) explain the reasons
				for the adjustment;
(3) offer and
				enter into reasonable payment arrangements in accordance with the following
				criteria:
(a) whenever a LILEC has overbilled
				a customer for service and the customer has paid the overbilled amount, the
				LILEC shall credit the total overbilled amount for a maximum of twenty-four
				months prior to the discovery of the error within a reasonable time, but in no
				event later than the second bill after the carrier becomes aware of the
				error;
(b) whenever a LILEC has
				underbilled a customer for service, the LILEC may add the underbilled amount
				for a maximum of six months' underbilling to the customer's next regular bill,
				unless the amount exceeds the customer's average bill for the preceding six
				months, in which case the customer may elect to make payments, without
				interest, over a time period equal to the period over which the errors were
				accumulated.
(4) upon
				request, send the customer written verification of the payment arrangements
				agreed to by the customer and the carrier; a LILEC may provide written
				verification electronically if the customer agrees.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 25 - CONSUMER PROTECTION STANDARDS APPLICABLE TO LARGE INCUMBENT LOCAL EXCHANGE CARRIERS › Section 17.11.25.17 - DISCONTINUANCE OR INTERRUPTION OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Discontinuance without prior
				notice.
A LILEC may discontinue basic local exchange service to a
				customer without prior notice in the event of:
(1) a condition determined by the LILEC to be
				hazardous;
(2) a customer's use of
				equipment in such manner as to adversely affect the LILEC 's service to
				others;
(3) a customer's tampering
				with, or negligently or intentionally damaging or destroying equipment
				furnished and owned by the LILEC; or
(4) unauthorized use of service provided by
				the LILEC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 25 - CONSUMER PROTECTION STANDARDS APPLICABLE TO LARGE INCUMBENT LOCAL EXCHANGE CARRIERS › Section 17.11.25.18 - PROHIBITIONS ON DISCONTINUANCE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A LILEC shall not discontinue basic local exchange
				  service:
A. to any residence where a
				seriously or chronically ill person resides, or will re-establish service to
				such a residence, if, at least two days prior to the proposed service
				discontinuance date specified in the notice:
(1) the LILEC receives a medical
				certification, valid for 90 days, on the form prescribed by the commission in
				17.11.16.33
				NMAC or a substantially similar form, from a medical professional stating that
				discontinuance of service might endanger the customer's life or
				health;
(2) the LILEC receives a
				financial certification, valid for 90 days, on the form prescribed by the
				commission in
				17.11.16.34
				NMAC or a substantially similar form, from the customer stating that the
				customer does not have the financial resources to pay the charges for
				telecommunications services; and
(3) the residential customer enters into a
				payment plan with the LILEC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 25 - CONSUMER PROTECTION STANDARDS APPLICABLE TO LARGE INCUMBENT LOCAL EXCHANGE CARRIERS › Section 17.11.25.20 - PAYMENT PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A LILEC
				shall attempt to arrange a plan for the payment of past due carrier charges
				when a residential consumer who has not been chronically delinquent indicates
				an inability to pay the charges. The LILEC shall not discontinue service to the
				residential consumer while a payment plan is being negotiated. The LILEC shall
				also maintain a list of organizations in the area that may provide assistance
				to consumers in paying telecommunications bills and shall make application
				forms for LITAP available upon request.
B. Each LILEC shall provide a procedure for
				reviewing residential consumer allegations that a proposed payment plan is
				unreasonable, that a LILEC charge is not due and owing, or that it has not
				violated an existing payment plan. A LILEC shall not discontinue service until
				the review is completed.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 25 - CONSUMER PROTECTION STANDARDS APPLICABLE TO LARGE INCUMBENT LOCAL EXCHANGE CARRIERS › Section 17.11.25.21 - RESTORATION OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Restoration after payment of charges. A LILEC shall promptly restore service
				within one business day after payment of all past-due charges, including in
				part any required deposit and a charge for restoration of service, if
				any.
B. Restoration for persons who
				are ill. A LILEC shall restore service to a residential consumer within 12
				hours of receipt of a medical certification form and a financial certification
				form pursuant to Public Utilities and Utility Services,
				17.11.16.33
				NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 25 - CONSUMER PROTECTION STANDARDS APPLICABLE TO LARGE INCUMBENT LOCAL EXCHANGE CARRIERS › Section 17.11.25.22 - INFORMAL COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A LILEC
				shall fully and promptly investigate and respond to all complaints made
				directly to the LILEC by customers. The LILEC shall make a good faith attempt
				to resolve the complaint and shall notify the customer promptly of its proposed
				disposition of the complaint. Upon request, the LILEC shall send written
				confirmation of its proposed disposition of the complaint to the
				customer.
B. If a LILEC's customer
				representatives cannot resolve a complaint to a customer's satisfaction, the
				LILEC shall provide the complainant with the name, address and current local or
				toll-free telephone number of the consumer relations division of the
				commission.
C. Upon receipt of a
				complaint forwarded by the commission on behalf of a customer, a LILEC shall
				make a suitable investigation. A LILEC shall provide an initial response to the
				commission within ten business days after the LILEC receives the complaint.
				When the LILEC has concluded its investigation of a complaint, the LILEC shall
				provide a written response to the commission detailing the results of the
				LILEC's investigation and its proposed resolution. A complaint forwarded by the
				commission on behalf of a customer shall not be considered resolved until the
				consumer relations division closes the complaint.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 25 - CONSUMER PROTECTION STANDARDS APPLICABLE TO LARGE INCUMBENT LOCAL EXCHANGE CARRIERS › Section 17.11.25.23 - PRIVACY

Current through Register Vol. 35, No. 13, July 16, 2024
The commission hereby adopts by reference the federal
				  communications commission's rules on customer proprietary network information
				  codified at 47 CFR 64.2001-64.2009.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 25 - CONSUMER PROTECTION STANDARDS APPLICABLE TO LARGE INCUMBENT LOCAL EXCHANGE CARRIERS › Section 17.11.25.24 - MEDICAL CERTIFICATION FORM

Current through Register Vol. 35, No. 13, July 16, 2024
MEDICAL CERTIFICATION FORM (VALID FOR 90 DAYS)
NOTE: You must complete both parts of this medical
				  certification form and a financial certification form to continue receiving
				  telecommunications service.
I, [insert printed name of residential customer], hereby
				  certify that I am the person responsible for the charges for telecommunications
				  service at [insert service address], that a seriously or chronically ill
				  person, [insert name of seriously or chronically ill person] resides there, and
				  that I am financially unable to pay my bill at this time. I understand that
				  this certification does not relieve me of the responsibility to pay my bill,
				  and that I must reapply for financial certification every 90 days. In addition,
				  I understand that I must make arrangements for a payment plan with [insert name
				  of LILEC] in order to continue receiving telecommunications service.
[date] [customer's telephone number] [customer's
				  signature]
I, [insert name of medical professional] certify that I am a
				  licensed physician, physician's assistant, osteopathic physician, osteopathic
				  physician's assistant or certified nurse practitioner who holds license number
				  [insert license number] and that on [insert date] I examined [insert name of
				  seriously or chronically ill person] who I am informed resides at [insert
				  service address]. Said person is seriously or chronically ill with [describe
				  condition]. Discontinuance of telecommunications service to this residence
				  might endanger this person's health or life during the recovery period. This
				  certification is valid for 90 days.
[signature of medical professional] [office address and
				  telephone number of medical professional]
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 25 - CONSUMER PROTECTION STANDARDS APPLICABLE TO LARGE INCUMBENT LOCAL EXCHANGE CARRIERS › Section 17.11.25.25 - FINANCIAL CERTIFICATION FORM

Current through Register Vol. 35, No. 13, July 16, 2024
FINANCIAL CERTIFICATION FORM (VALID FOR 90 DAYS)
NOTE: You must complete this financial certification form and
				  a medical certification form to continue receiving telecommunications
				  service.
FINANCIAL SELF-CERTIFICATION (VALID FOR 90 DAYS)
I, [insert printed name] hereby certify that I am the person
				  responsible for the charges for telecommunications service at [insert service
				  address], that a seriously or chronically ill person, [insert name of seriously
				  or chronically ill person], resides there, and that I do not have the financial
				  resources to pay the charges for telecommunications service.
I understand that this certificate does not relieve me of the
				  responsibility to pay my bill, and that I must submit another Financial
				  Certification Form every 90 days.
I understand that if I provide false information, I could be
				  denied medical emergency telecommunications services.
[customer's signature] [date]
[customer's social security number] [customer's telephone
				  number] [service address]
[city] [state] [zip code]
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 26 - 811 SERVICES › Section 17.11.26.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all telecommunications carriers
				  operating in New Mexico subject to the jurisdiction of the commission pursuant
				  to applicable laws.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 26 - 811 SERVICES › Section 17.11.26.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Public Regulation Act, Sections
				  8-8-4
				  and
				  8-8-15
				  NMSA 1978; Chapter 63, Article 7, Sections
				  63-7-1.1
				  A(1) and
				  63-7-1.1
				  A(2) NMSA 1978; the New Mexico Telephone and Telegraph Company Certification
				  Act, Section
				  63-9-1 et
				  seq. NMSA 1978; the New Mexico Telecommunications Act, Section
				  63-9A-1 et
				  seq. NMSA 1978; the Cellular Telephone Services Act, Section
				  63-9B-1 et
				  seq. NMSA 1978; and the Rural Telecommunications Act of New Mexico, Section
				  63-9H-1 et
				  seq. NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 26 - 811 SERVICES › Section 17.11.26.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement 811 as the
				  toll-free, abbreviated dialing code to be used by the public to provide advance
				  notice of excavation activities to one call notification systems and thereby to
				  underground facilities operators as required by federal law.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 26 - 811 SERVICES › Section 17.11.26.8 - RELATIONSHIP TO OTHER COMMISSION RULES

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise specified, this rule is not intended to
				  supersede any other rule of the commission but to supplement such rules.
				  Nevertheless, if any provision of this rule is inconsistent with the provisions
				  of any other commission rule, the provisions of this rule shall apply. The
				  responsibilities of New Mexico one call notification systems relating to 811
				  implementation are prescribed in 18.60.6 NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 26 - 811 SERVICES › Section 17.11.26.9 - RESPONSIBILITIES OF TELECOMMUNICATIONS CARRIERS

Current through Register Vol. 35, No. 13, July 16, 2024
All telecommunications carriers operating in New Mexico shall
				  route all 811 calls made in the state of New Mexico to New Mexico One Call,
				  Inc.
A. Local calls. All wireline
				telecommunications carriers operating in New Mexico shall route all 811 calls
				made within New Mexico One Call, Inc.'s local calling area to New Mexico One
				Call, Inc.'s local phone number.
B.
				Toll calls. All wireline telecommunications carriers operating in New Mexico
				shall route all 811 calls made within New Mexico but outside New Mexico One
				Call, Inc.'s local calling area to New Mexico One Call, Inc.'s toll free phone
				number.
C. Wireless carriers.
				Wireless and other non-wireline telecommunications carriers operating in New
				Mexico may route 811 calls either to New Mexico One Call Inc.'s local phone
				number or to New Mexico One Call Inc.'s toll free phone number.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 26 - 811 SERVICES › Section 17.11.26.10 - TARIFFS FOR 811 SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Tariffed rates prohibited.
A wireline telecommunications carrier
				shall not impose any rate, charge or fee for the provision of 811 services as
				required by this rule.
B.
Terms and conditions to be filed as tariffs.
A wireline
				telecommunications carrier shall file terms and conditions for the provision of
				811 services as tariffs pursuant to applicable law.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 27 - REPORTING REQUIREMENTS FOR ELIGIBLE TELECOMMUNICATIONS CARRIERS › Section 17.11.27.2 - 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 telecommunications carriers eligible to 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 27 - REPORTING REQUIREMENTS FOR ELIGIBLE TELECOMMUNICATIONS CARRIERS › Section 17.11.27.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  8-8-4
				  and
				  63-9H-6
				  NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 27 - REPORTING REQUIREMENTS FOR ELIGIBLE TELECOMMUNICATIONS CARRIERS › Section 17.11.27.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 14, 2008, 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 27 - REPORTING REQUIREMENTS FOR ELIGIBLE TELECOMMUNICATIONS CARRIERS › Section 17.11.27.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to ensure that each
				  telecommunications carrier designated by the commission as eligible to receive
				  disbursements from the state rural universal service fund or the federal
				  universal service fund annually provides certifications and information to the
				  commission reflecting its receipt and use of universal service fund support for
				  intended purposes and verifying that it continues to meet the requirements for
				  designation as an eligible telecommunications carrier.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 27 - REPORTING REQUIREMENTS FOR ELIGIBLE TELECOMMUNICATIONS CARRIERS › Section 17.11.27.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Carrier"
means an entity that provides intrastate retail public
				telecommunications services or comparable retail alternative services in New
				Mexico.
B.
"Commission"
means the New Mexico public regulation
				commission.
C.
"Eligible
				telecommunications carrier (ETC)"
means a carrier that has been
				designated by the commission as eligible to receive disbursements from the
				state rural universal service fund or the federal universal service
				fund.
D.
"Federal high-cost
				universal service fund (USF) support"
means monetary support received
				from the federal USF under that category of the federal USF denominated as high
				cost loop support.
E.
"Service area"
means a geographic area established by the commission in
				accordance with Section 214(e)(5) of the federal act (
				47
				U.S.C. Section
				214(e)(5).
F.
"State rural universal fund (SRUSF)
				support"
means monetary support received from the New Mexico state rural
				universal service fund established pursuant to Section
				63-9H-6
				NMSA 1978.
G.
"Supported
				services"
means the services supported by the federal high cost
				universal service support mechanisms.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 27 - REPORTING REQUIREMENTS FOR ELIGIBLE TELECOMMUNICATIONS CARRIERS › Section 17.11.27.9 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
Forward-looking information that is a trade secret is
				  protected under the Inspection of Public Records Act. Any person seeking
				  certification of its ETC status and desiring to protect as confidential
				  material any information filed in compliance with this rule shall file a
				  request pursuant to the applicable commission rule concerning protective
				  orders, which can be found at Subsections A and B of
				  17.1.2.8
				  NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 27 - REPORTING REQUIREMENTS FOR ELIGIBLE TELECOMMUNICATIONS CARRIERS › Section 17.11.27.10 - VARIANCES AND EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any ETC may petition the commission for a variance or
				  exemption from any provision of this rule for good cause shown.
A. General requirements:
(1) any ETC may petition for a variance or
				exemption from any of the requirements of this rule;
(2) such petition may include a motion that
				the commission stay the affected portion of this rule for the transaction
				specified in the motion;
(3)
				petitions for a variance or exemption and motions for a stay must be supported
				by an affidavit signed by an officer of the ETC or someone with authority to
				sign for the ETC;
(4) the
				commission may, at its discretion, require an informal conference or formal
				evidentiary hearing prior to making its determination.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is applicable to all inmate calling service providers ("ICSPs") certified to operate within the state of New Mexico and also to those ICSPs that apply to the commission to operate within the state of New Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Paragraph (10) of Subsection B of Section  8-8-4 et seq., Sections  63-7-1.1 and  63-9A-5, NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish statewide uniform regulations governing ICSPs so as to ensure reasonable rate regulation for ICSPs while protecting consumers against unreasonable rates and inadequate service.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule, the following terms have the meanings provided, unless a different meaning is clearly expressed in the context in which the term is used. The commission will interpret the definitions broadly enough to ensure compliance with the purpose of this rule:
A.
Terms starting with the letter "A"
are defined as follows:
(1)
"ancillary service charge"
means any charge that is assessed on the consumer for the use of additional features of inmate calling services that is not included in the per-minute charges assessed for individual calls. The types of ancillary service charge are as follows: automated payment fees, fees for single-call and related services, live agent fees, paper bill fees, statement fees and third-party financial transaction fees.
(2)
"authorized fee"
means a government-authorized, but discretionary, fee which a provider must remit to a federal, state, or local government, and which a provider is permitted, but not required, to pass through to consumers. An authorized fee may not include a markup, unless the markup is specifically authorized by a federal, state, or local statute, rule, or regulation.
(3)
"automated payment fee"
means a credit card payment, debit card payment, or bill processing fee, including a fee for payments made by interactive voice response (IVR), web, or kiosk.
(4)
"average daily population (ADP)"
means the sum of all incarcerated persons in a facility for each day of the preceding calendar year, divided by the number of days in the year.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.8 - EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
ICSPs are exempt from 17.11.15 NMAC, rule concerning payphone providers, 17.11.16.11 NMAC, consumer protection, access to service and rate information, and SCC 94-02-TC, rule concerning operator services providers.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.9 - APPLICATION FOR CERTIFICATION OF REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Providers seeking to offer or provide any telecommunications service through an institutional phone must register with the commission in the format provided by the commission.
(1) To be included with the application for registration, the ICSP must file a copy of the information to be posted or supplied at every institutional phone or otherwise provided to the confined persons containing all the information as spelled out in this rule.
(2) Registration may be denied for failure to provide the required information or documents, or for failure to remit the required fees. Notice of denial will include a statement indicating the reason for rejection. Denial may be cured if the stated reasons for rejection are made within thirty (30) days of service of the notice.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.10 - CONTENTS OF APPLICATION FOR REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
An application for a certificate of registration to provide inmate calling services must contain:
A. the name, address, e-mail address and telephone number of the applicant;
B. the name, address, e-mail address, and telephone number of the person responsible for regulatory contacts and customer dispute resolution on behalf of the applicant;
C. a description of the applicant's business operations and general service offerings nationally, and in New Mexico, including operating areas in any other city, county, state or federal jurisdictions;
D. a statement that the applicant is aware of and will comply with the commission's rules;
E. disclosure of any formal actions against it by any court or city, county, state or federal regulatory agency that resulted in any type of penalty or sanctions within the five years prior to the date of filing the application; if such action has occurred, the applicant shall file a report regarding such action and any remedial actions taken;
F. disclosure of any settlement or stipulation with any city, county, state or federal regulatory agency or jurisdiction within the three years prior to the date of filing the application that resulted in a payment to the agency with or without any admission of wrongdoing;
G. if the applicant is a corporation, evidence that the applicant is authorized by the corporations bureau of the office of the New Mexico secretary of state to do business in New Mexico and that it is in good corporate standing in New Mexico;
H. if the applicant is other than a corporation, a description of the form of ownership, the names and addresses of all principal owners and managers, the applicant's agent for service of process in New Mexico, and the date the entity was created;
I. initial tariffs for regulated telecommunications services, including a narrative description of the services to be offered and the geographic area and markets to be served; initial tariffs shall not contain misleading, potentially misleading, deceptive, or fraudulent names, rates, fees, charges, terms, or conditions;
J. if the applicant is a regulated carrier, any other information the commission may reasonably require to accomplish the purpose of this rule; and
K. a list of the applicant's parent, subsidiary, and affiliated companies are to be provided, including the principal address and telephone numbers of the applicant's parent, subsidiary, and affiliated companies that are carriers in New Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.11 - DISCLOSURE OF RATES, FEES AND CHARGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All ICSPs must disclose their rates, fees, and charges to consumers.:
(1) For all intrastate calls, the ICSP shall comply with all rate disclosure requirements adopted by the federal communications commission in Title 47 C.F.R. Section 64.710 (operator services for prison inmate phones) and 64.6110 (consumer disclosure of incarcerated person calling services rates), including any amendments thereto.
(2) Rates, fees and charges applied pursuant to this rule shall be made available to the consumer prior to the commencement of the transaction without the consumer having to dial a separate telephone number or access a separate website. Such information shall include an equally prominent disclosure of alternative funding or refunding mechanisms that are free of ancillary service charges.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.12 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
Complaints regarding violations of this rule shall be governed by 1.2.2.13 NMAC through 1.2.2.20 NMAC and 17.11.16.22 NMAC with the exceptions stated below. All other procedural matters shall be handled in accordance with 1.2.2 NMAC and 1.2.3 NMAC. The requirements of the commission's rules governing complaints are modified by the following: filing fees for complaints are hereby waived for complaints related to inmate calling services. A person making an informal or formal complaint against an ICSP shall not be required to pay for notice to be published of public hearing, and may participate in mediation, arbitration or hearing via telephone. The commission's rules governing complaints shall be liberally construed to permit complaints against ICSPs to be filed, processed, and heard by the commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.13 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Initiation of proceedings
: Upon receipt of a complaint alleging a violation of this rule, or on its own motion, the commission may initiate proceedings in accordance with its rules of procedure 1.2.2.13 NMAC through 1.2.2.15 NMAC.
B.
Penalties
: Following notice and hearing and upon a proper finding that a violation of this rule has occurred, the commission may, consistent with its statutory authority, assess fines or penalties or other such remedies as may be provided for by law, including revocation of authority to provide inmate calling service. The remedy imposed by the commission may be reduced or rescinded if violations or findings of non-compliance are corrected within 30 days from the date of the commission's final order.
C. Other penalties: The assessment of any penalty by the commission for a violation of this rule shall not preclude the assessment of a penalty by any other New Mexico agency for violation of its rules arising from the same cause.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.16 - RESTRICTIONS ON INMATE CALLING SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
Operators of correctional institutions have the authority to limit or deny access to institutional phones at times and in circumstances deemed proper by the correctional institution. However, no ICSP may take any action to discriminate among incarcerated persons in providing access to its tariffed telecommunications services at the correctional institutions. If telephone conversations carried on ICSP facilities are recorded, the ICSP shall provide a notice, via a recorded message, disclosing that fact to persons using the facilities. Pursuant to the correctional institution's procedures, the ICSP shall provide the means by which communications between incarcerated persons and their legal counsel, or counsel's staff, may be exempted from any requirement of the correctional institution that telephone conversations be recorded if permission is provided by the correctional institution. The incarcerated person, their counsel, or counsel's staff may request from the correctional institution that such calls be exempted from recording, and, if the correctional institution grants the request, the ICSP shall accommodate the request and provide verification of the exemption from recording.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.17 - CALL RATE CAPS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No ICSP may charge, in the jails it serves with ADP per month of less than 1,000 per month, a per-minute rate for intrastate debit calling, prepaid calling, collect calling, or prepaid collect calling in excess of:
RATE CAPS CHART
Prepaid
Intrastate
Incarcerated Person
Prepaid Collect
Collect
Local per call
$0.00
$0.00
$0.00
Per minute
$0.15
$0.15
$0.15
15-min call
$2.25
$2.25
$3.25
IntraLAT
Local per call
$0.00
$0.00
$0.00
Per minute
$0.15
$0.15
$0.15
15-min call
$2.25
$2.25
$3.25
InterLATA
Local per call
$0.00
$0.00
$0.00
Per min
$0.15
$0.15
$0.15
15-min call
$2.25
$2.25
$3.25
B. No ICSP may charge, in jails it serves with ADP per month of 1,000 or more, a per-minute rate for intrastate debit calling, prepaid calling, or prepaid collect calling in excess of:
RATE CAPS CHARTP
prepaid
Intrastate
Incarcerated Person
Prepaid Collect
Collect
Local per call
$0.00
$0.00
$0.00
Per minute
$0.14
$0.14
$0.14
15-min call
$2.10
$2.10
$3.10
IntraLATA
Local per call
$0.00
$0.00
$0.00
Per minute
$0.14
$0.14
$0.14
15-min call
$2.10
$2.10
$3.10
InterLATA
Local per call
$0.00
$0.00
$0.00
Per minute
$0.14
$0.14
$0.14
15-min call
$2.10
$2.10
$3.10
C. No ICSP may charge, in prisons it serves, a per-minute rate for intrastate debit calling, prepaid calling, collect calling, or prepaid collect calling in excess of:
RATE CAPS CHART
Prepaid
Intrastate
Incarcerated Person
Prepaid Collect
Collect
Local per call
$0.00
$0.00
$0.00
Per minute
$0.12
$0.12
$0.12
15-min call
$1.80
$1.80
$2.80
IntraLATA
Local per call
$0.00
$0.00
$0.00
Per minute
$0.12
$0.12
$0.12
15-min call
$1.80
$1.80
$2.80
InterLATA
Local per call
$0.00
$0.00
$0.00
Per minute
$0.12
$0.12
$0.12
15-min call
$1.80
$1.80
$2.80
D. For purposes of this section, the initial ADP shall be calculated, for all of the correctional facilities covered by an inmate calling service contract, by summing the total number of incarcerated persons from January 1, 2015, through January 19, 2016, divided by the number of days in that time period.
E. In subsequent years, for all of the correctional facilities covered by an inmate calling service contract, the ADP will be the sum of the total number of incarcerated persons from January 1st through December 31st divided by the number of days in the year and will become effective on January 31st of the following year.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.18 - ANCILLARY SERVICE CHARGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An ICSP shall not charge an ancillary service charge that is not among the types of ancillary service charge listed in the definition of ancillary service charge at Paragraph (1) of Subsection A of 17.11.28.7 NMAC.
B. No ICSP may charge a rate for a permitted ancillary service charge in excess of:
(1) for automated payment fees -- $3.00 per use;
(2) for single-call and related services - the exact transaction fee charged by the third-party provider, with no markup, plus the adopted, per-minute rate - $3.00;
(3) for live-agent fees -- $5.95 per use;
(4) for paper bill/statement fees -- $2.00 per use; and
(5) for third-party financial transaction fees - the exact fees, with no markup, that result from the transaction. - $3.00 per transaction.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.19 - RATE CAP VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
The commission may permit an ICSP to impose rates higher than the rate caps as provided for in the rate caps chart in 17.11.28.17 NMAC as may be Adopted from time to time or as stated in a separate commission order for good cause shown.
A. An ICSP seeking a variance under this rule must file a petition for variance with the commission providing the following information:
(1) the correctional institution at which the rate that exceeds the rate cap would be applied;
(2) the rate to be applied and the respective existing rate cap; and
(3) the reason for which a higher rate will be applied shall include the following information about the proposed service for the call type for which the variance is sought:
(a) projected monthly and yearly call volume by call type, for the next three calendar years;
(b) projected monthly and yearly expense and revenue by call type, for the next three calendar years;
(c) projected monthly and yearly average call duration by call type, for the next three calendar years;
(d) actual monthly and yearly call volume by call type, for the previous two calendar years;
(e) actual monthly and yearly expense and revenue by call type, for the previous two calendar years; and
(f) actual monthly and yearly average call duration by call type, for the previous two calendar years.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.20 - BILLING-RELATED CALL BLOCKING

Current through Register Vol. 35, No. 13, July 16, 2024
No ICSP may prohibit or prevent completion of a collect calling call or decline to establish or otherwise degrade collect calling solely for the reason that it lacks a billing relationship with the called party's communications service provider unless the ICSP offers debit calling, prepaid calling, or prepaid collect calling.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.21 - CONSUMER PROTECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The ICSP shall complete a call only upon a positive response from the consumer that the consumer accepts all previously disclosed charges for the call. The provider shall allow consumers the opportunity to decline and thus terminate the call at no charge to the consumer. If the ICSP does not receive a positive response within a period not exceeding 20 seconds from the last prompt, the call shall be terminated without charge. ICSPs shall not charge for any calls that are not accepted by the called party.
B. Where not superseded by the express language of this rule, the commission's consumer protection rule, 17.11.16 NMAC, applies, except for those provisions that by their language apply only to non-ICSPs.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.22 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each ICSP shall file with the commission copies of all reports submitted to the federal communications commission (FCC), pursuant to 47 CFR §
										64.6060, including confidential data bearing on the ICSP's operations and services in New Mexico. For those copies filed with the commission, an ICSP may redact or exclude data pertaining to the ICSP's operations in states other than New Mexico, whether that data is public or confidential. The reports shall be filed with the commission within five business days of their filing with the FCC.
B. Each ICSP shall comply with the reporting requirements of an intrastate long distance provider, pursuant to 17.11.21.13 NMAC.
C. Upon request from the commission, ICSPs must, in a timely manner, and in accordance with confidentiality agreements between the ICSP and commission staff as necessary, submit data requested by the commission relating to its New Mexico operations, including but not limited to, revenue, expenses and facilities/usage data by an institutional facility.
D. ICSPs shall report to the commission not later than April 1 the complaints it received about the service provided in New Mexico during the preceding calendar year. Complaints shall be categorized by type of complaint with a description of how each complaint was handled. The categories of complaints shall include at least the following: service, billing, rates, and other.
E. The New Mexico attorney general's office shall also be served the information from ICSPs detailed in Subsections A, C, and D above. Other interested parties may petition the commission for access to that information subject to the commission's rules regarding the treatment of confidential information.
F. Not later than March 15 of each year, commission staff will provide a letter to each correctional institution in New Mexico and to the respective ICSPs with information about the commission's jurisdiction over ICSPs.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.23 - TAXES AND FEES

Current through Register Vol. 35, No. 13, July 16, 2024
No ICSP may charge any taxes or fees to users of inmate calling services, other than those permitted under the definition in Paragraph (A)(2) of 17.11.28.7 NMAC and Section 17.11.28.18.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.24 - PER-CALL, OR PER-CONNECTION CHARGES

Current through Register Vol. 35, No. 13, July 16, 2024
No ICSP may impose a per-call or per-connection charge on a consumer.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.25 - MINIMUM AND MAXIMUM PREPAID CALLING ACCOUNT BALANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. No ICSP may institute a minimum balance requirement for a consumer to use debit or prepaid calling.
B. No ICSP may prohibit a consumer from depositing at least $50 per transaction to fund a debit or prepaid calling account.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.26 - CONSUMER PREPAID ACCOUNT BALANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. No ICSP may charge any rates or fees to a prepaid account unless such rate or fee is contained in a current tariff that has been approved by the commission.
B. Prepaid accounts are deemed to be "utility deposits" for purposes of Section 2 of the Uniform Unclaimed Property Act, Section  7-8A-1 NMSA 1978
C. If a prepaid account has not been subject to any activity for six months, the ICSP shall refund the balance of the prepaid account to the account holder. If an ICSP is unable to locate the account holder or otherwise effectuate a refund within eighteen months of the most recent date of activity, the ICSP shall deliver the balance of the prepaid account to the taxation and revenue department or its agent for administration under the terms of the Uniform Unclaimed Property Act, Section  7-8A-1 NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.27 - TRANSFER OF CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
Any holder of a certificate of registration to provide inmate calling services in New Mexico seeking to transfer the certificate to another person shall first apply to the commission for approval of the transfer. The commission shall approve an application for transfer of a certificate of registration upon receipt of a completed application and a copy of the tariff proposed to take effect upon approval of the transfer. The application shall meet the requirements of 17.11.12.10 NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.28 - NOTICE OF CHANGE IN CIRCUMSTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
An ICSP shall notify the commission in writing of the following change in circumstances:
A. a change in the ICSP's name, address, or phone number;
B. a change in the name, address, or phone number of the person responsible for regulatory contacts and consumer dispute resolution;
C. merger of the ICSP with another provider;
D. acquisition of the ICSP by another provider;
E. acquisition by the ICSP of another provider;
F. transfer of the ICSP certificate;
G. transfer of a significant portion of the ICSP's assets to another provider; and
H. any other change in control of the ICSP.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.29 - DISCONTINUANCE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to discontinuing service, an ICSP shall, no later than 30 days prior to discontinuing service, file with the commission a notice of discontinuance of service showing the number of correctional institutions affected.
B. This section does not apply to individual service withdrawals of an ICSP.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.30 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part of this rule 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 28 - INMATE CALLING SERVICE PROVIDERS › Section 17.11.28.31 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any IOSP may petition the commission for a variance from any requirement of this rule.
B. A petition for a variance shall be supported by an affidavit signed by an officer of the petitioner or a person with authority to sign for the petitioner.
C. Any petition for a variance must contain the information required by the commission's procedural rules under 1.2.2.40 NMAC.
D. The petitioning ICSP must serve a copy of the petition for a variance upon staff, the attorney general, and any interested person that has made a written request to the commission to be notified of such petitions.