reglab/statecodes huggingface dataset:
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 17.11.14.14 - HEARING

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 the public
				telecommunication services proposed to be offered by the reseller may be
				provided and shall determine such terms and conditions as will attach to the
				exercise of the rights afforded by the certificate.
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 17.11.14.16 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or section of these rules and regulation, or the
				  application thereof is determined to be invalid, the remainder of the rules of
				  regulations, and the application thereof shall remain in full force and effect.
				  Done and entered on record this 29th day of December, 1988.
A. Jerome D. Block, Chairman,
B. Eric P. Serna, Commissioner,
C. John A. Elliott, Commissioner,
D. ATTEST: Richard I. Harris, Chief
				Clerk.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.1 - 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 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish statewide uniform
				  regulations governing payphones so as to ensure reasonable compensation for
				  payphone providers while protecting consumers against unreasonable rates and
				  restrictions, inadequate service, and payphones in disrepair.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.7 - 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. Commission means the New Mexico State
				Corporation Commission [New Mexico Public Regulation Commission].
B. Consumer means the person initiating a
				telephone call at a payphone.
C.
				Equal access code means an access code that allows the consumer to obtain an
				equal access connection to the carrier or operator service provider associated
				with that code.
D. Institutional
				Payphone means a payphone accessible only to a captive population, such as a
				jail, prison, other penal facility or mental hospital.
E. Local Call means a telephone call which
				originates and terminates within the same local calling area as defined by the
				local exchange company for the area in which the call originates.
F. Payphone means a telephone instrument
				capable of providing and/or reselling public telecommunications service by coin
				or other billing method.
G.
				Payphone Provider means a person or entity which provides and/or resells public
				telecommunications service by coin or other billing method from a
				payphone.
H. Toll call means a
				telephone call which originates and terminates in different local calling areas
				as defined by the local exchange company for the area in which the call
				originates.
I. "Watrous" Payphone
				means a payphone provided by a local exchange company which the Commission has
				determined to be necessary for public health and safety reasons.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.8 - RULE CONCERNING PAYPHONE PROVIDERS

Current through Register Vol. 35, No. 13, July 16, 2024
[Table of Contents]
A. Authority. [Statutory Authority:
				17.11.15.3 NMAC]
B. Purpose.
				[Objective: 17.11.15.6 NMAC]
C.
				Applicability. [17.11.15.2 NMAC]
D.
				Exemptions. [17.11.15.9 NMAC]
E.
				Definitions. [17.11.15.7 NMAC]
F.
				Registration requirements. [17.11.15.10 NMAC]
G. Acknowledgment of registration.
				[17.11.15.11 NMAC]
H. Fees.
				[17.11.15.12 NMAC]
I. Payphone
				rates and charges. [17.11.15.13 NMAC]
J. Responsibilities of the payphone provider.
				[17.11.15.14 NMAC]
K. Payphone
				service and equipment requirements. [17.11.15.15 NMAC]
L. Institutional payphone service and
				equipment requirements. [17.11.15.16 NMAC]
M. Signage requirements. [17.11.15.17
				NMAC]
N. Watrous payphones.
				[17.11.15.18 NMAC]
O. Complaints.
				[17.11.15.19 NMAC]
P. Enforcement.
				[17.11.15.20 NMAC]
Q. Transition
				from old rule to this rule. [17.11.15.21 NMAC]
R. Waiver. [17.11.15.22 NMAC]
S. Severability. [17.11.15.23 NMAC]
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.9 - EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Institutional
				payphones are exempt from sections 9[c], 11, 13, and 14 [Subsection C of
				17.11.15.13 NMAC, Sections 15, 17 and 18 of 17.11.15 NMAC] of this
				rule.
B. Payphones owned by local
				exchange companies are exempt from sections 9[a], 9[b], 11[h], and 12[e]
				[Subsections A and B of 17.11.15.13 NMAC, Subsection H of 17.11.15.15 NMAC, and
				Subsection E of 17.11.15.16 NMAC] of this rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.10 - REGISTRATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior
				to offering or providing any public telecommunications service through a
				payphone, all payphone providers must register with the Commission.
B. An application for registration as a
				payphone provider in New Mexico must be filed on the form prescribed by the
				Commission.
C. An equipment report
				for each payphone instrument operating in New Mexico must be filed with the
				Commission on the form prescribed by the Commission.
D. In addition to the application for
				registration and the equipment report(s), the payphone provider must file a
				copy of the display card to be posted at every instrument containing all the
				information required by Section 13 [17.11.15.17 NMAC].
E. 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.
F. Registration
				shall be renewed annually by filing an annual report on a form prescribed by
				the Commission. The annual report shall be submitted by February 15th of each
				year and shall contain information regarding the prior calendar year. At a
				minimum, the form shall require the payphone provider to update any information
				contained in its original application for registration or last annual report,
				as appropriate. The form also shall require the payphone provider to submit a
				summary of complaints it has received, separated by type of complaint, and a
				statement describing what the payphone provider has done in response to such
				complaints.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.11 - ACKNOWLEDGMENT OF REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A Upon
				receipt of the required forms, fees, and documents, the commission will issue
				an acknowledgment of registration.
B. Local exchange companies shall not provide
				public access lines to payphones until the payphone provider submits a copy of
				its acknowledgment of registration.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.12 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
The Commission may by order establish a fee schedule for
				  registration of payphone providers and payphones operating in New
				  Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.13 - PAYPHONE RATES AND CHARGES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The maximum allowable rate for a local sent paid call placed from a non-local
				exchange company-owned payphone shall be determined periodically by the
				Commission following notice and a public hearing.
B. The maximum allowable rate for a local
				directory assistance call placed from a non-local exchange company-owned
				payphone shall be determined periodically by the Commission following notice
				and a public hearing.
C. Every
				payphone operating in New Mexico shall be required to provide access for the
				calls listed below without the use of coins or cards of any type, and without
				any charge to the consumer.
(1) emergency
				calls (911 or "0").
(2) calls to
				report equipment malfunctions (repair).
(3) calls to obtain a refund.
(4) access to all operator services
				providers.
(5) incoming
				calls.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.14 - RESPONSIBILITIES OF THE PAYPHONE PROVIDER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The payphone provider shall not contract
				for intrastate operator services or interexchange services with any company not
				certificated by the Commission to provide such services. Any payphone provider
				using payphones with automated technology must itself be certificated by the
				Commission as an operator services provider before such automated payphones are
				put into operation.
B. The payphone
				provider shall be responsible for all public access line charges.
C. The payphone provider shall be responsible
				for repairing, maintaining and servicing the payphone instrument.
D. All payphones installed in New Mexico
				shall comply with state and local laws, Commission rules, current National
				Electrical Code and National Electrical Safety Code requirements, and the
				generally accepted telecommunications industry technical standards of the
				National Association of Regulatory Utility Commissioners.
E. The payphone provider shall notify the
				Commission in writing within thirty (30) days of the following changes:
(1) The location and phone number of any
				payphones that are newly installed or removed.
(2) Change in name or d/b/a under which the
				payphone provider is doing business.
(3) Changes in name of the payphone provider
				or its responsible official.
(4)
				Changes in mailing address or telephone number of payphone provider.
(5) Acquisition of payphone locations
				registered to another payphone provider.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.15 - PAYPHONE SERVICE AND EQUIPMENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The following requirements apply to all payphones operating
				  in New Mexico, except institutional payphones, and are the responsibility of
				  the payphone provider:
A. Each outdoor
				payphone must have lighting at night if alternating current is available within
				fifty feet of the payphone.
B.
				Coinless payphones are permitted only when at least one coin-operated payphone
				is available at the same location. All coin-operated payphones must be capable
				of accepting nickels, dimes and quarters.
C. The dial tone must be available without
				coin.
D. Immediate coin return
				shall be required for uncompleted coin calls.
E. The payphone instrument must be maintained
				in good repair.
F. Payphones
				operating in New Mexico must comply with all applicable federal, state and
				local laws regarding accessibility by hearing impaired or physically disabled
				persons.
G. All payphones installed
				in New Mexico must provide both local and toll service.
H. A separate public access line is required
				for each payphone instrument installed.
I. An audible bell or other sound shall be
				required to indicate an incoming call.
J. Payphone providers shall check each
				payphone location at least monthly in order to ensure that they have made a
				local telephone directory available at each payphone location.
K. The payphone provider may place reasonable
				limitations on the duration of local calls made to or from a payphone, but no
				time limits may be placed on emergency phone calls.
L. All payphones operating in New Mexico
				shall allow the consumer to use "800" and "950" access code numbers as well as
				equal access codes to obtain access to the consumer's desired provider of
				operator services.
M. All payphones
				must connect the consumer to the operator service provider of the consumer's
				choice as quickly as the payphone provider's equipment allows.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.16 - INSTITUTIONAL PAYPHONE SERVICE AND EQUIPMENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The following requirements apply to all institutional
				  payphones operating in New Mexico:
A.
				The dial tone must be available without coin.
B. The payphone instrument must be maintained
				in good repair.
C. Payphones
				operating in New Mexico must comply with all applicable federal, state and
				local laws regarding accessibility by hearing impaired or physically disabled
				persons.
D. All payphones installed
				in New Mexico must provide both local and toll service.
E. A separate public access line is required
				for each payphone instrument installed.
F. The payphone provider may place reasonable
				limitations on the duration of calls made from a payphone.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.17 - SIGNAGE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				information required by this section must be posted on or near the payphone
				instrument, in plain view of consumers.
B. All required instructions must be provided
				in both English and Spanish.
C. The
				sign must contain the following information, organized in a logical manner, and
				designed for ease of use and comprehension:
(1) dialing instructions for:
(a) emergencies (911 or "0");
(b) directory assistance;
(c) obtaining rates for toll calls;
(d) obtaining operator assistance;
				and
(e) reporting service problems
				(repair).
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.18 - WATROUS PAYPHONES

Current through Register Vol. 35, No. 13, July 16, 2024
The commission shall determine annually which payphones
				  should be "Watrous" payphones and the appropriate local exchange company to
				  provide them. No "Watrous" payphone shall be disconnected without prior written
				  authorization from the State Corporation Commission [Public Regulation
				  Commission].
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.19 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
Complaints regarding violations of this rule may be made by
				  any consumer by writing a letter addressed to the attention of the Director of
				  Telecommunications, State Corporation Commission [Public Regulation
				  Commission], P.O. Drawer 1269, Santa Fe, New Mexico
				  87504-1269.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.20 - 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 enforcement proceedings in
				accordance with the Rules of Procedure for the State Corporation Commission
				[Public Regulation Commission].
B.
				Penalties: The Commission may assess such penalties as allowed by law,
				including but not limited to:
(1) statutory
				fines;
(2) public access line
				disconnection; or
(3) revocation of
				registration.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.21 - TRANSITION FROM OLD RULE TO THIS RULE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Registration: Payphone providers currently
				registered under the Commission's COCOTs regulation pursuant to Docket No. 1084
				(SCC Rule No. 85-8, In the Matter of Adoption of Rules and Regulations for the
				Placement and Operation of Customer Owned Coin Operated Telephones) shall
				continue to be authorized as payphone providers. The Commission shall notify
				currently registered payphone providers on a staggered basis as to the form and
				manner of filing reregistration forms and equipment reports to bring them into
				compliance with the requirements of this rule.
B. Equipment: Payphone providers may petition
				the Commission for permission to continue using existing equipment that does
				not meet the requirements of this rule. If the Commission finds, after notice
				and a public hearing, that the petitioner has shown that there is good cause to
				grant such permission, that it is in the public interest to do so, and that it
				will not violate FCC requirements, the Commission may approve the
				petition.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.22 - WAIVER

Current through Register Vol. 35, No. 13, July 16, 2024
The Commission recognizes that public health and safety may
				  in rare cases require an exception to a requirement contained in this rule. In
				  those cases, the payphone provider may petition the Commission for a waiver of
				  a particular requirement. After notice to all interested parties, the
				  Commission will hold a public hearing on the matter. The burden will be on the
				  payphone provider to prove that the circumstances regarding a particular
				  payphone will adversely affect the public health and safety if a waiver of a
				  certain requirement is not granted.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 15 - RULE CONCERNING PAYPHONE PROVIDERS › Section 17.11.15.23 - 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 16 - CONSUMER PROTECTION › Section 17.11.16.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all carriers, except incumbent rural
				  telecommunications carriers, authorized by the commission to provide retail
				  telecommunications services in New Mexico.
A. Where the commission has approved an
				alternative form of regulation plan for an ILEC, and a provision in the
				approved plan is inconsistent with a provision in this rule, the provision in
				the approved plan shall apply.
B.
				Where the commission has approved an alternative form of regulation plan for an
				ILEC, and the approved plan is silent with respect to the subject matter of a
				provision in this rule, the provision in this rule shall apply.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  8-8-4,
				  8-8-15,
				  63-9A-8.2,
				  63-9B-4,
				  63-9B-6,
				  63-9G-4,
				  and
				  63-9G-8.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to ensure that carriers provide
				  accurate and timely information to customers about their telecommunications
				  services, and that their business conduct toward customers is courteous,
				  efficient, and respectful of the customer's privacy. The rule also specifies
				  procedures relating to discontinuance of basic local exchange service, the
				  resolution of complaints and billing disputes, and customer deposits, and
				  provides the commission with tools for monitoring carriers'
				  compliance.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.8 - DISCONNECTION OF BASIC LOCAL EXCHANGE SERVICE AND ALLOCATION OF PARTIAL PAYMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A LEC
				may not disconnect, or threaten to disconnect, either directly or through the
				use of ambiguous, deceptive, or misleading language, a customer's basic local
				exchange service for failure to pay charges for toll or discretionary
				services.
B. A LEC shall offer toll
				blocking upon a customer's request.
C. A LEC may impose involuntary toll blocking
				on a customer's primary local exchange line for failure to pay charges for toll
				service. However, the toll blocking must be provided without charge and the LEC
				must remove the toll blocking when the bill is paid.
D. A LEC shall credit customer's partial
				payments for current bills or past due amounts first to basic local exchange
				service, unless the customer instructs the LEC to allocate the payment in a
				different manner. A LEC shall provide to the customer or the consumer relations
				division of the commission upon request of either written verification of oral
				instructions given by a customer.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.9 - ACCESS TO AND AUDIT OF DATA

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise authorized by the commission, a carrier
				  shall make all records required by this rule available to the commission, staff
				  with the consent of the commission, or its authorized representatives at any
				  time upon reasonable notice. A carrier shall make customer proprietary network
				  information available to the commission to the extent allowed by law. A carrier
				  shall retain all records required by this rule for at least two (2) years. The
				  commission, or staff with the consent of the commission, may periodically audit
				  the timeliness and accuracy of carriers' customer service and repair
				  records.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.10 - CUSTOMER COMPLAINT TRACKING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A wireline carrier shall maintain a record of all oral and written complaints,
				including informally resolved billing disputes, made by or on behalf of
				customers, which shall contain:
(1) the date
				the complaint was lodged;
(2) the
				class of customer (residential or business);
(3) the category of the complaint (based on
				the consumer relations division's list of complaint categories); and
(4) the region within the state (e.g., by
				wire center, exchange, county).
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.11 - ACCESS TO SERVICE AND RATE INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A carrier shall maintain comprehensive,
				understandable, accurate, and up-to-date service and rate information. A
				carrier:
(1) shall provide a toll-free
				telephone number by which customers can access such information and shall, upon
				request, mail written information to a customer;
(2) shall provide such information to
				disabled customers in a form accessible to them;
(3) shall provide such information in English
				and Spanish as requested by the customer; and
(4) may provide such information
				electronically (e.g., by email or text message) if a customer agrees in
				writing.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.12 - FAIR MARKETING PRACTICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Any carrier subject to the commission's jurisdiction shall, in all oral or
				written contacts with customers:
(1) provide
				timely, courteous, and accurate information;
(2) explain services, and switching and
				discontinuance of service, accurately and unambiguously;
(3) not represent discretionary services as
				essential;
(4) not engage in any
				unfair or deceptive trade practice, including but not limited to the unfair or
				deceptive trade practices and unconscionable trade practices defined in NMSA
				1978 Section
				57-12-2;
(5) upon a customer-initiated inquiry about
				services, make a good-faith effort to identify the service that is the most
				economical for the customer, based on the customer's representation of his or
				her telecommunications requirements.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.13 - TARIFFS AND BOUNDARY MAPS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Unless specifically exempted by the commission, a LEC shall file with the
				commission tariffs containing rates, charges, terms, and conditions for all
				intrastate services that specifically set forth:
(1) the conditions and circumstances under
				which the LEC, or entities under contract to the LEC, will make line extensions
				or extensions of service to customers within the exchange area;
(2) minimum standards for discontinuance of
				residential basic local exchange service;
(3) the LEC's deposit policy; and
(4) charges for service connections,
				extensions and line mileage.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.14 - BILLS

Current through Register Vol. 35, No. 13, July 16, 2024
A carrier shall provide easily readable, readily
				  understandable detailed bills that:
A.
				itemize services, usage, and charges, including quantities of units and
				per-unit charges, unless the customer selects an alternative billing option
				offered by the carrier;
B.
				separately identify each nonrecurring and recurring charge;
C. describe and itemize charges for repair
				work on the customer's side of the network interface according to whether they
				are for labor, materials, travel, or other necessary expenses which must be
				specified;
D. include the name and
				toll-free number of the carrier;
E.
				include, where applicable, the name and toll-free number of the billing
				agent;
F. include a statement, in
				English or Spanish, as requested by the customer, advising customers that if
				they have a question about their bill, they should first contact the carrier;
				and
G. include the toll-free number
				of the consumer relations division of the commission together with a statement
				advising customers that they may contact the commission if they are unable to
				resolve a billing inquiry with the carrier.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.15 - INFORMATION REQUIRED SEMI-ANNUALLY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A LEC shall semi-annually provide
				information to customers in English and Spanish. A LEC need not provide all of
				the information at the same time and may choose to provide it in a prominent
				place on a customer's bill or in a bill insert. The following information is
				required:
(1) the statement described in
				paragraph (6) of subsection A of 17.11.16.19 NMAC;
(2) a statement, using commonly understood
				descriptions and examples, that basic local exchange service will not be
				discontinued for failure to pay charges for toll or discretionary
				services;
(3) notification that a
				third party notification program is available to residential
				customers;
(4) notification that
				up-to-date service and rate information is available as provided in subsection
				A of 17.11.16.11 NMAC; and
(5)
				notification that a low income telephone assistance program (LITAP) is
				available to qualifying residential customers; that applications for the
				program are available at the LEC's billing offices or that the LEC will mail an
				application to a customer if the customer calls the customer service department
				of the LEC at [insert toll-free telephone number of the customer service
				department] to request an application; that the customer must submit to the LEC
				a completed application and proof that the customer meets the eligibility
				requirements for one or more need-based assistance programs administered by the
				human services department; that if the customer does not have proof of
				eligibility, the customer should contact his or her local human services
				department income support division office or call the HSD customer help desk at
				its toll free telephone number for information on how to obtain proof of
				eligibility that other community assistance programs may be available; and that
				the customer may obtain additional assistance from the commission's consumer
				relations division and the LEC shall provide the toll-free telephone number of
				the commission's consumer relations division.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.16 - 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 carrier concerning a bill for
				telecommunications services, the carrier may require the customer to pay the
				undisputed portion of the bill to avoid discontinuance of service for
				non-payment. The carrier shall make an investigation appropriate to the case,
				and report the results to the customer. In the event the dispute is not
				reconciled, the carrier 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 carrier's omission or negligence, the
				carrier shall:
(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 carrier has overbilled a
				customer for service and the customer has paid the overbilled amount, the
				carrier shall credit the total overbilled amount within a reasonable time, but
				in no event later than the second bill after the carrier becomes aware of the
				error;
(b) whenever a carrier has
				underbilled a customer for service, the carrier may add the underbilled amount
				to the customer's next regular bill, unless the amount exceeds the customer's
				average bill for the preceding six (6) 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 carrier may provide written verification electronically if the
				customer agrees.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.17 - DISCONTINUANCE OR INTERRUPTION OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Discontinuance without prior
				notice.
A LEC may discontinue basic local exchange service to a customer
				without prior notice in the event of:
(1) a
				condition determined by the LEC to be hazardous;
(2) a customer's use of equipment in such
				manner as to adversely affect the LEC's service to others;
(3) a customer's tampering with, or
				negligently or intentionally damaging or destroying equipment furnished and
				owned by the carrier; or
(4)
				unauthorized use of service provided by the carrier.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.18 - PROHIBITIONS ON DISCONTINUANCE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A LEC 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 (2) days prior to the proposed service
				discontinuance date specified in the notice:
(1) the LEC receives a medical certification,
				valid for thirty (30) days, on the form prescribed by the commission in
				17.11.16.33 NMAC or a substantially similar form, from a medical professional
				stating that discontinuance of service might endanger the customer's life or
				health;
(2) the LEC receives a
				financial certification, valid for ninety (90) days, on the form prescribed by
				the commission in 17.11.16.34 NMAC or a substantially similar form, from the
				customer stating that the customer does not have the financial resources to pay
				the charges for telecommunications services; and
(3) the residential customer enters into a
				payment plan with the LEC;
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.20 - PAYMENT PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A LEC shall
				attempt to arrange a plan for the payment of past due LEC charges when a
				residential customer who has not been chronically delinquent indicates an
				inability to pay the charges. The LEC shall not discontinue service to the
				residential customer while a payment plan is being negotiated.
B. The LEC shall also inform the customer
				that a low income telephone assistance program (LITAP) is available to
				qualifying residential customers and shall ask if the customer would like to
				receive further information about the program. If the customer answers
				affirmatively, the LEC shall inform the customer:
(1) that applications are available at its
				billing offices or that the LEC will mail an application to the
				customer;
(2) that the customer
				must submit to the LEC a completed application and proof that the customer
				meets the eligibility requirements for one or more need-based assistance
				programs administered by the human services department;
(3) that, if the customer does not have such
				proof, the LEC shall advise the customer to contact his or her local human
				services department income support division office or call the HSD customer
				help desk at its toll free telephone number for information on how to obtain
				proof of eligibility;
(4) of other
				community assistance programs that may be available; and
(5) that the customer may obtain additional
				assistance from the commission's consumer relations division and the LEC shall
				provide the toll-free telephone number of the commission's consumer relations
				division.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.21 - RESTORATION OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon
				request of a customer, a LEC shall promptly restore service that has been
				temporarily discontinued by the LEC when the cause for discontinuance of
				service has been eliminated, applicable restoration or reconnection charges
				have been paid, and, if required, satisfactory credit arrangements have been
				made. At all times, the LEC shall make a reasonable effort to restore service
				on the day restoration is requested, and shall restore service no later than
				the next business day following the day on which the cause for discontinuance
				of service has been eliminated.
B.
				A LEC shall restore service to a residential customer within twelve (12) hours
				of receipt of the medical certification form prescribed by the commission in
				17.11.16.33 NMAC and the financial certification form prescribed by the
				commission in 17.11.16.34 NMAC, or substantially similar forms which include an
				agreement to enter into a payment plan with the LEC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.22 - COMPLAINTS AND APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				carrier shall fully and promptly investigate and respond to all complaints made
				directly to the carrier by customers. The carrier 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 carrier shall send
				written confirmation of its proposed disposition of the complaint to the
				customer.
B. If a carrier's
				customer representatives cannot resolve a complaint to a customer's
				satisfaction, the carrier 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
				carrier shall make a suitable investigation. A carrier shall provide an initial
				response to the commission within ten (10) business days after the carrier
				receives the complaint. When the carrier has concluded its investigation of a
				complaint, the carrier shall provide a written response to the commission
				detailing the results of the carrier'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 16 - CONSUMER PROTECTION › Section 17.11.16.23 - CUSTOMER DEPOSIT POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
17.11.16.23 NMAC through
				  17.11.16.28
				  NMAC apply only to wireline carriers that require deposits of residential and
				  small business customers for services regulated by the commission and to
				  wireless carriers that require deposits of their customers.
A. A carrier that requires deposits shall
				develop a written deposit policy that allows applicants for service to
				establish credit, and existing customers to reestablish credit, and shall make
				a copy of its policy available to any customer who inquires about the criteria
				for deposits.
B. A carrier shall
				determine credit worthiness in an equitable and nondiscriminatory manner. The
				decision to require a deposit shall be based solely on the customer's credit
				history and shall not be based upon location, income level, source of income,
				occupation, race, creed, sex, sexual orientation, national origin, marital
				status, or number of dependents.
C.
				A carrier may, in accordance with 17.11.16.24 NMAC, at any time require from a
				customer a deposit intended to guarantee payment for services provided by the
				carrier.
D. The carrier shall
				establish a mechanism for internal review of a deposit requirement in the event
				a customer challenges the initial determination of the terms of such deposit.
				Should a customer continue to challenge the proposed terms of the deposit after
				such review is completed, the carrier shall provide the customer with the name,
				address and current local or toll-free telephone number of the consumer
				relations division of the commission for further review.
E. The carrier shall provide:
(1) a copy of its written deposit policy and
				associated procedures to each of its employees who process applications for
				service; and
(2) either a copy of
				its written deposit policy and associated procedures or a specific tariff cite,
				if such policy and procedures are included in tariffs filed with the
				commission, to the director of the consumer relations division of the
				commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.24 - CRITERIA FOR ESTABLISHING THE NEED FOR AND AMOUNT OF A DEPOSIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A LEC shall use
				the criteria in this subsection to determine whether to require a deposit or
				other guarantee of payment as a condition of new or continued service.
(1) A LEC may require an existing customer to
				make a deposit if the customer's payment record shows substantial nonpayment
				for intrastate services provided by the LEC in any two (2) of the last six (6)
				months, or any three (3) of the last twelve (12) months. A LEC may require a
				deposit even if such customer has paid part of the amount owed before the date
				service is to be discontinued for nonpayment.
(2) A LEC may, without notice, require an
				existing customer to pay a deposit in full before service is restored whenever
				service has been disconnected for non-payment of outstanding charges.
(3) A LEC shall not require a deposit if the
				customer furnishes, to the LEC's satisfaction, a written guarantee from a third
				party to secure payment of the customer's bills for intrastate services
				provided by the LEC. A LEC shall not require the guarantee amount to exceed the
				maximum amount of the deposit that would otherwise have been required. The
				guarantee shall remain in effect until terminated in writing by the guarantor,
				or until the customer has achieved a satisfactory payment record for services
				for twelve (12) consecutive months. A LEC shall terminate the guarantee five
				(5) business days after receiving written notice from the guarantor or five (5)
				business days after a twelve (12) month period of satisfactory
				payment.
(4) A LEC shall not
				require a deposit if the customer has been a customer of the LEC for a similar
				type of service within a preceding twelve (12) consecutive month period, and
				the customer's credit was satisfactory and is not otherwise impaired.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.25 - LIMITATIONS ON THE USE OF DEPOSITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The making of a deposit shall not relieve
				any customer of the obligation to pay current bills when due. A carrier may
				require a deposit for services provided by another carrier only if the carrier
				is the billing agent for that carrier. The carrier shall not apply deposits for
				services provided by the carrier to an account for services provided by another
				carrier, even if the carrier is the billing agent for the other carrier. A LEC
				shall not require a deposit for, or refuse to connect, basic local exchange
				service because of a customer's indebtedness for toll or discretionary
				services.
B. A carrier shall not
				require any security for payment of intrastate or wireless services other than
				a cash deposit or a third-party guarantee. In no event shall any indebtedness
				related to the furnishing of intrastate or wireless services or the extension
				of facilities result in a lien, mortgage or other security interest in any real
				or personal property of the customer, unless the indebtedness has been reduced
				to a judgment by a court of law.
C.
				If requested by the customer that has made the deposit, a carrier may, in its
				discretion, transfer a deposit to another customer.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.26 - INTEREST ON DEPOSITS

Current through Register Vol. 35, No. 13, July 16, 2024
A carrier shall accrue simple interest on deposits at the
				  interest rate the carrier charges for late payment of bills or the rate
				  specified in NMSA 1978 Section
				  62-13-13,
				  whichever is greater. A carrier shall accrue interest on a deposit for the time
				  it holds the deposit, calculated from the date the carrier receives the deposit
				  to the date the carrier refunds the deposit or credits the amount of the
				  deposit to the customer's account. The carrier may, at its option, pay interest
				  directly to the customer or credit the interest to the customer's
				  account.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.27 - DEPOSIT RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				carrier shall maintain a record of each deposit until one (1) year after the
				deposit is returned. The record shall contain:
(1) the name of each customer making a
				deposit;
(2) the premises occupied
				by the customer when making the deposit and each successive premise occupied
				while the deposit is retained by the carrier; and
(3) the amount of the deposit and the date it
				was received by the carrier.