reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.28 - REFUND OF DEPOSITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon
				discontinuance of service, or when a customer establishes credit by other
				means, a carrier shall promptly refund any deposit, plus accrued interest, or
				the balance of a deposit, if any, in excess of the unpaid bills for intrastate
				or wireless services furnished by the carrier. A transfer of service from one
				location to another within the area served by a carrier shall not be deemed a
				discontinuance of service if the character of the service remains
				unchanged.
B. When a deposit, plus
				accrued interest, is applied to the liquidation of unpaid bills, a carrier
				shall mail, or otherwise deliver to the customer, a statement showing the
				amount of the original deposit, plus any accrued interest, the amount of unpaid
				bills, plus any interest, liquidated by the deposit, and the balance remaining
				due either to the customer or the carrier.
C. A carrier shall annually review accounts
				of customers with deposits and, unless the carrier has obtained sufficient
				factual information to determine that a customer is an unsatisfactory credit
				risk based upon the criteria prescribed in 17.11.16.24 NMAC, the carrier shall
				promptly refund a customer's deposit, plus accrued interest, upon satisfactory
				payment of all proper charges for twelve (12) consecutive months. A carrier
				may, at its option, refund a deposit plus accrued interest in whole or in part
				at an earlier time.
D. A carrier
				shall pay any balance due a customer within thirty (30) calendar days after
				service is discontinued and the carrier has rendered a final bill, without
				demand or notice from the customer.
E. When a carrier is unable to refund a
				deposit on the first attempt, the carrier shall continue its efforts to refund
				the deposit.
F. When a carrier
				refunds a deposit, it shall, upon customer request, render to the depositor a
				statement showing the amount of the deposit, the period the deposit was held,
				and the amount of interest accrued.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.29 - 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 16 - CONSUMER PROTECTION › Section 17.11.16.30 - CONFIDENTIALITY; OPERATOR ASSISTED CALLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A carrier shall consider all
				communications by customers to be confidential in nature. A carrier shall take
				reasonable steps to minimize the potential for access by other entities to
				those communications. The carrier's operators and employees shall not listen to
				any conversation between customers, except when necessary to provide operator
				services, and shall not repeat or divulge the nature of any conversation or any
				information inadvertently overheard. A carrier shall ensure that its operators
				and employees comply strictly with this requirement.
B. A carrier shall adopt suitable rules and
				instructions to be followed by its operators and employees governing the
				language and methods to be used when providing assistance to customers.
				Specifically, operators and employees shall be courteous, considerate, and
				efficient in handling customer calls. For intrastate operator assisted calls, a
				carrier shall accurately record when a customer-requested connection is
				established and when it is terminated.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.31 - TROUBLE ISOLATION CHARGE PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
If a customer reports trouble on a line, a LEC shall, without
				  charge to the customer and by use of whatever means necessary, determine
				  whether the trouble is on the LEC or customer side of the network interface.
				  For a LEC subject to an alternative form of regulation plan on January 1, 2006,
				  this section shall not be effective until the expiration of its alternative
				  form of regulation plan.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.32 - EXEMPTION OR VARIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				carrier may petition for an exemption or variance from any of the requirements
				of this rule. Such petition shall:
(1)
				identify the section of this rule for which the exemption or variance is
				requested;
(2) describe the
				situation which necessitates the exemption or variance;
(3) describe the effect of complying with
				this rule on the carrier and its customers, and on its competitive affiliates
				and their customers, if the exemption or variance is not granted;
(4) state how the exemption or variance will
				achieve the purposes of this rule and the New Mexico Telecommunications
				Act;
(5) state why the proposed
				alternative is in the public interest and is better than the requirement in the
				rule; and
(6) state why the
				exemption or variance would have no anticompetitive effect.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 16 - CONSUMER PROTECTION › Section 17.11.16.33 - MEDICAL CERTIFICATION FORM

Current through Register Vol. 35, No. 13, July 16, 2024
MEDICAL CERTIFICATION FORM (VALID FOR 30 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 LEC] 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 30 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 16 - CONSUMER PROTECTION › Section 17.11.16.34 - 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 17 - INFRASTRUCTURE AND HIGH SPEED DATA SERVICES › Section 17.11.17.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all incumbent local exchange
				  carriers.
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.
C. All ILECs, including those operating under
				an approved alternative form of regulation plan, shall comply with the
				reporting requirements set forth in this rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 17 - INFRASTRUCTURE AND HIGH SPEED DATA SERVICES › Section 17.11.17.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  8-8-4,
				  8-8-15,
				  63-7-1.1,
				  and
				  63-9A-8.2.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 17 - INFRASTRUCTURE AND HIGH SPEED DATA SERVICES › Section 17.11.17.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2001, 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 17 - INFRASTRUCTURE AND HIGH SPEED DATA SERVICES › Section 17.11.17.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to impose requirements on
				  incumbent local exchange carriers to ensure adequate investment in a
				  telecommunications infrastructure in New Mexico capable of providing high-speed
				  data services, and to encourage the competitive supply of high-speed data
				  services, promote the timely provision of local exchange service, and ensure
				  that New Mexico's quality of service standards are upheld. The requirements in
				  this rule are in addition to the requirements in the federal Telecommunications
				  Act of 1996, Pub. L.
				  104-104 (1996).
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 17 - INFRASTRUCTURE AND HIGH SPEED DATA SERVICES › Section 17.11.17.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule:
A.
basic local exchange service
means the customer's voice grade access to the public switched network, Dual
				Tone Multifrequency (DTMF) signaling or its functional equivalent, and access
				to emergency services (911 and E-911), operator services, toll services,
				directory assistance, and toll blocking services for qualifying low income
				customers.
B.
carrier
means any person that furnishes telecommunications service to the public
				subject to the jurisdiction of the Commission, regardless of the facilities
				used and regardless of whether the person relies in part or entirely on another
				carrier's facilities.
C.
competitive local exchange carrier (CLEC)
means a carrier that provides
				competitive local exchange service in its service area and is not an
				ILEC.
D.
high-speed data
				services
means technology that supports data transmission at a minimum
				rate of 56 kilobits per second in the consumer-to-carrier direction, and at a
				minimum rate of 200 kilobits per second in the carrier-to-consumer
				direction.
E.
incumbent
				local exchange carrier (ILEC)
means a person, or an affiliate of a
				person, that was authorized to provide local exchange service in New Mexico on
				February 8, 1996, or a successor or assignee of the person or affiliate. A
				carrier will also be treated as an ILEC if the Federal Communications
				Commission determines that such provider (or class or category of carrier)
				shall be treated as an ILEC pursuant to
				47 U.S.C. Section
				251(h)(2).
F.
interconnection
means the
				linking of two (2) networks for the mutual exchange of traffic, but does not
				include the transport and termination of traffic.
G.
loop
means a transmission
				facility between a distribution frame (or its equivalent) in a central office
				and a demarcation point at an end user customer premises.
H.
unbundled network element
				(UNE)
means a facility or equipment used in the provision of a
				telecommunications service that an ILEC must provide to any requesting carrier
				on an unbundled basis, pursuant to Section 251(c)(3) of the Telecommunications
				Act of 1996, Pub. L. No.
				104-104 (1996). The term includes, but is not
				limited to, features, functions, and capabilities that are provided by means of
				such facility or equipment, including but not limited to, subscriber numbers,
				databases, signaling systems, and information sufficient for billing and
				collection or used in the transmission, routing, or other provision of a
				telecommunications service.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 17 - INFRASTRUCTURE AND HIGH SPEED DATA SERVICES › Section 17.11.17.8 - CAPITAL INVESTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				ILEC's annual investment in telecommunications infrastructure shall be adequate
				and sufficient to meet and maintain:
(1) the
				timely provision of basic local exchange service;
(2) the requirements for infrastructure
				upgrades and deployment of high-speed data services set forth in this rule;
				and
(3) the quality of service
				standards adopted by the Commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 17 - INFRASTRUCTURE AND HIGH SPEED DATA SERVICES › Section 17.11.17.9 - DISTRIBUTION PLANT

Current through Register Vol. 35, No. 13, July 16, 2024
An ILEC shall develop and implement a plan to upgrade its
				  distribution plant to:
A. relieve
				congestion on routes marked by high line growth;
B. meet demand for and enhance the quality of
				basic local exchange service;
C.
				facilitate the introduction and deployment of high-speed data services;
				and
D. meet the quality of service
				standards adopted by the Commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 17 - INFRASTRUCTURE AND HIGH SPEED DATA SERVICES › Section 17.11.17.10 - INTEROFFICE TRANSMISSION FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An ILEC shall develop and implement a plan
				to deploy and/or upgrade transport facilities on interoffice routes marked by
				high growth in order to:
(1) meet demand for
				and enhance the quality of basic local exchange service;
(2) facilitate the introduction and
				deployment of high-speed data services;
(3) meet the quality of service standards
				adopted by the Commission;
(4)
				relieve congestion;
(5) improve
				service;
(6) route traffic more
				efficiently;
(7) accommodate growth
				in traffic; and
(8) support the
				services and features offered by the ILEC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 17 - INFRASTRUCTURE AND HIGH SPEED DATA SERVICES › Section 17.11.17.11 - SWITCHING PLANT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Replace analog switches.
An ILEC shall replace all analog central office
				switches with digital central office equipment by January 1, 2002.
B.
Upgrade existing digital
				switches.
(1) An ILEC shall upgrade its
				existing digital switching equipment to:
(a)
				address line congestion;
(b)
				accommodate growth in traffic;
(c)
				support the offering of new features; and
(d) support the following CLASS services in
				all exchanges: caller ID, caller name ID, call waiting, 3-way calling, call
				forwarding, call return, call blocker, and auto redial.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 17 - INFRASTRUCTURE AND HIGH SPEED DATA SERVICES › Section 17.11.17.12 - DEPLOYMENT OF HIGH-SPEED DATA SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
An ILEC shall commit resources and field technicians toward
				  providing high-speed data services in both urban and rural areas of New
				  Mexico.
A. By January 1, 2003, an ILEC
				shall offer high-speed data services in all exchanges serving 5,000 or more
				access lines.
B. In all exchanges
				serving fewer than 5,000 access lines, an ILEC shall provide high-speed data
				services within eighteen (18) months of a demonstration of demand equal to the
				smaller of
(1) ten (10) percent of the number
				of access lines in the exchange; or
(2) seventy-five (75) access lines.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 17 - INFRASTRUCTURE AND HIGH SPEED DATA SERVICES › Section 17.11.17.13 - LINE SHARING

Current through Register Vol. 35, No. 13, July 16, 2024
An ILEC shall provide CLECs with access to UNEs and
				  interconnection arrangements required for the provision of line sharing in
				  compliance with all applicable Commission and FCC orders and
				  rules.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 17 - INFRASTRUCTURE AND HIGH SPEED DATA SERVICES › Section 17.11.17.14 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Initial report.
By February 1, 2001, an ILEC shall submit to the
				Commission a report identifying:
(1) all
				exchanges and the number of access lines served by each exchange;
(2) those exchanges in which high-speed data
				services are currently provided, and the type of high-speed data service
				deployed;
(3) the analog switches
				currently deployed in New Mexico, and a plan for replacing them with digital
				switches by January 1, 2002; and
(4) the digital switches currently deployed
				in New Mexico that require upgrading in accordance with subsection B of
				17.11.17.11 NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 17 - INFRASTRUCTURE AND HIGH SPEED DATA SERVICES › Section 17.11.17.15 - EXEMPTION OR VARIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General requirements.
(1) An ILEC may
				petition for an exemption or a variance 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 an exemption or a variance
				and motions for a stay must be supported by an affidavit signed by an officer
				of the ILEC or someone with authority to sign for the ILEC.
(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 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all telecommunications carriers
				  authorized by the commission to provide local exchange service in New
				  Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  8-8-4,
				  8-8-15
				  and
				  63-9A-8.2.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2001, 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 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to facilitate the provision of
				  local exchange services in New Mexico by prescribing the interconnection via
				  direct or indirect means of all providers of local exchange services and the
				  unbundling of the networks of ILECs, and establishing quality of service
				  standards for wholesale services provided by ILECs. The requirements in this
				  rule are in addition to the requirements in the federal Telecommunication Act
				  of 1996, Pub. L.
				  104-104 (1996).
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.8 - INTERCONNECTION OF LOCAL EXCHANGE CARRIERS

Current through Register Vol. 35, No. 13, July 16, 2024
All LECs shall interconnect directly or indirectly with the
				  facilities and equipment of other LECs for the seamless provision of local
				  exchange service.
A. Interconnection
				to ILEC networks. Each ILEC shall, upon request, allow any other LEC to
				interconnect with its network for the purpose of providing local exchange and
				exchange access services. Rates, terms and conditions for interconnection shall
				be just, reasonable, nondiscriminatory and in accordance with the requirements
				of this rule.
B. Quality of
				interconnection. The interconnection provided by the ILEC must be at least
				equal in quality to that provided by the ILEC to itself or any subsidiary,
				affiliate, or other party to which the ILEC provides interconnection.
C. Points of interconnection.
(1) An ILEC shall allow any other LEC to
				interconnect to its network at any technically feasible point.
(2) The ILEC and the requesting LEC shall
				negotiate meet points of interconnection. Each party shall be responsible for
				the costs of constructing facilities to the meet point and neither party may
				impose a meet point that would require one party to incur significantly greater
				construction costs to build to the meet point than the other party.
(3) Each LEC shall construct and maintain its
				facilities at the point of interconnection in accordance with accepted
				engineering standards and practices in the exchange carrier industry.
(4) Each terminating LEC will make available
				to each originating LEC all technical references to documents issued by
				industry standards bodies or equipment manufacturers that define the
				engineering specifications necessary for the originating LEC's equipment to
				interface with the terminating LEC's interconnection facilities.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.10 - ACCESS REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. To
				rights-of-way.
(1) A LEC shall provide to
				interconnecting LECs non-discriminatory access to all facility rights-of-way,
				conduits, ducts, poles and pole attachments, and building entrance facilities
				under its ownership or control, provided that the LEC requesting access has
				obtained all required authorizations from third-party property owners and
				appropriate government authorities.
(2) When two interconnecting LECs are unable
				to negotiate mutually acceptable terms and conditions for access to
				rights-of-way, the commission shall determine any unresolved matters.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.11 - OBLIGATIONS OF ALL LECS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Dialing parity. LECs must provide dialing parity to competing providers of
				local exchange service and intrastate toll service so that the end users of an
				interconnecting carrier do not have to dial more digits than the LEC's own end
				users, or incur dial delays that exceed the LEC's quality of service, in order
				to complete local calls through the interconnected facilities.
B. Number portability. To the extent
				technically feasible, LECs shall provide number portability in accordance with
				the requirements in
				47 C.F.R.
				51.203.
C. Interoperability of operator services.
				Interconnecting LECs shall negotiate mutual agreements to ensure the
				interoperability of non-optional operator services between their networks,
				including but not limited to the ability of operators on each network to
				perform such operator functions as completing collect calls, third-party calls,
				call screening, busy line verification calls and busy line interrupt.
D. Mutual billing and collection agreements.
(1) Interconnecting LECs shall provide each
				other with answer and disconnect supervision. Interconnecting LECs shall enter
				into mutual billing and collection agreements for the accurate and timely
				exchange of billing records information to support:
(a) billing end users, including the exchange
				of telephone number information, the use of non-proprietary calling cards and
				the collect billing of third-party calls to a number served by another
				LEC;
(b) determining intercompany
				settlements for local and non-local traffic; and
(c) validating the jurisdictional nature of
				traffic.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.12 - INTERCONNECTION OBLIGATIONS OF ILECS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unbundling of ILEC networks.
(1) At a minimum, ILECs shall unbundle their
				networks to the extent required by the federal communications commission
				("FCC") in
				47
				C.F.R. Sections 51.307 through
				51.321.
				Nothing in this rule precludes the commission from requiring ILECs to undertake
				further unbundling of their networks, including further unbundling of network
				elements pursuant to 17.11.18.8 NMAC through 17.11.18.13 NMAC.
(2) Rates for UNEs shall be based on the
				ILEC's forward-looking economic costs, calculated as prescribed in 17.11.18.15
				NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.13 - WHITE-PAGES TELEPHONE DIRECTORY LISTINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Interconnecting LECs shall ensure that all
				end users in their service territories have access to white-pages telephone
				directories and directory listing information from directory assistance
				operators for all listed end users in their service territories. An ILEC or a
				CLEC satisfies the requirement to provide "access to white-pages telephone
				directories" if it, or its directory publisher, provides reasonable notice to
				end users of the option to receive such directories upon request, free of
				charge, and within a reasonable time of the request.
B. Each ILEC shall be designated the initial
				white-pages telephone directory provider ("white-pages provider") in its
				service territory and shall assume the responsibilities set forth in this
				section. With commission approval, a different LEC may be designated as the
				white-pages provider for the ILEC's service territory and may assume the
				responsibilities set forth in this section.
C. The white-pages provider shall cause to be
				published annually, in a white-pages telephone directory, the name, address,
				and telephone number for all listed end users within the territory served by
				the ILEC regardless of whether the end user subscribes to the local exchange
				service of the ILEC or another LEC. The white-pages provider shall publish all
				listings in alphabetical sequence by end user name with no distinctions made in
				the style, size, or format of listings supplied by CLECs and the ILEC.
(1) The white-pages provider shall not
				include in the white-pages directories or directory assistance databases the
				telephone numbers of end users who elect not to be published.
(2) The white-pages provider shall not
				include in the white-pages directories end users who elect not to be directory
				listed but shall include them in the directory assistance databases.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.14 - COSTING AND PRICING STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General pricing standard. An ILEC shall
				offer elements to requesting LECs at rates, terms and conditions that are just,
				reasonable and nondiscriminatory. An ILEC shall not charge different rates for
				elements based on the class of customers served by the requesting LEC or the
				type of service provided by the requesting LEC.
B. Cost study required. An ILEC shall conduct
				a cost study using the methodology set forth in 17.11.18.15 NMAC and shall
				provide supporting documentation in accordance with 17.11.18.16 NMAC to prove
				to the commission that the rates for each element it offers do not exceed the
				forward-looking economic cost per unit of providing the element.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.15 - COSTING METHODOLOGY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Formula. The forward-looking economic cost of an element shall be calculated as
				the sum of:
(1) the total element long-run
				incremental cost (TELRIC) of the element; and
(2) a reasonable allocation of
				forward-looking common costs.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.16 - SUPPORTING DOCUMENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
When an ILEC files a cost study with the commission in
				  support of its forward-looking economic cost estimates, it must also file a
				  complete set of supporting workpapers and source documents.
A. The workpapers must clearly and logically
				present all data used in developing the estimate and shall provide a narrative
				explanation of all formulas or algorithms applied to the data. The workpapers
				must allow others to replicate the methodology and calculate equivalent or
				alternative results using equivalent or alternative assumptions.
B. The workpapers must clearly set forth all
				significant assumptions and identify all source documents used in preparing the
				cost estimate.
C. The workpapers
				must be organized so that a person with expertise in analyzing forward-looking
				cost studies, but otherwise initially unfamiliar with the particular study,
				will be able to work from the initial investment, expense and demand data to
				the final cost estimate. The workpapers must clearly identify what each number
				used in developing the estimate represents.
D. The source of any data relied on in the
				study should be clearly identified and readily available, if not included with
				the workpapers.
E. Any figures
				expressed in terms of dollars per unit must be traceable to the original source
				documents containing the number of dollars and units from which the figures
				were calculated.
F. To the extent
				practicable, an ILEC shall provide all data and workpapers in an electronic
				file on an electronically-formatted device using commercially available
				spreadsheet or database software formats. Each electronically-formatted device
				must contain a "read me" or similar file that describes the contents of each
				file on the device and provides an explanation of the definitions, formulas,
				equations and data on the device.
G. An ILEC shall provide an index or detailed
				table of contents of the workpapers and source documents.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.17 - NEGOTIATION OF INTERCONNECTION AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Interconnecting LECs shall engage in good-faith negotiations
				  and cooperative planning to achieve mutually agreeable interconnection
				  arrangements pursuant to
				  47
				  U.S.C. Section 252 and the procedures set
				  forth in this rule. An ILEC may negotiate and enter into a binding agreement
				  for interconnection with a requesting LEC pursuant to
				  47
				  U.S.C. Section 252(a)(1),
				  without regard to the requirements set forth in
				  17.11.18.8
				  NMAC through
				  17.11.18.16
				  NMAC.
A. Unless the negotiating
				parties establish a mutually agreeable date, negotiations shall be deemed to
				begin on the date an ILEC receives a request for interconnection from a
				LEC.
B. A request for
				interconnection shall:
(1) be in writing and
				be hand-delivered or sent by certified mail or facsimile;
(2) identify the initial specific issues to
				be resolved, the specific underlying facts and the requesting LEC's proposed
				resolution of each issue;
(3)
				include as appendices any other material necessary to support the request;
				and
(4) identify the person
				authorized to negotiate for the requesting LEC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.18 - SUBMITTAL OF AGREEMENTS TO THE COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within sixty days of the execution of a
				negotiated agreement, the negotiating parties shall submit the agreement to the
				commission for approval.
B. A
				carrier submitting a negotiated interconnection agreement (or amendment to a
				negotiated agreement) to the commission pursuant to
				47
				U.S.C. Section 252(e) shall
				submit the original and two copies of the agreement accompanied by an original
				and two copies of an advice notice on the form prescribed by the commission in
				17.11.18.24 NMAC or a substantially similar form. Each carrier shall
				sequentially number advice notices filed during each calendar year. A carrier
				may submit more than one agreement or amendment under a single advice notice
				provided that all agreements and amendments so submitted involve the same
				parties and are filed simultaneously.
C. The submitting carrier shall serve copies
				of the advice notice on the New Mexico Attorney General and shall, within five
				business days after filing, either:
(1)
				publish the advice notice once in a newspaper of general circulation in the
				State of New Mexico; or
(2) post
				and maintain the advice notice to the carrier's internet website until thirty
				(30) days after the subject agreement is approved or deemed approved, in which
				case the advice notice shall also provide the website address.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.19 - MEDIATION OF INTERCONNECTION AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A LEC that is unable to negotiate an interconnection
				  agreement with an ILEC may petition the commission to mediate any unresolved
				  issues. The LEC shall serve a copy of such petition on the parties to the
				  negotiation. The commission may appoint a hearing examiner as a
				  mediator.
A. Within fifteen (15) days
				of the filing of the petition, each party shall submit to the mediator a
				written statement summarizing the dispute and providing all relevant
				documentation concerning the unresolved issues.
B. The mediation proceeding shall be
				confidential. All documents exchanged and submitted during the mediation,
				except the parties' initial statements and the final mediated agreement, shall
				be kept confidential unless the mediating parties agree to the disclosure of
				any such material.
C. The mediator
				shall not have the authority to impose a settlement on the parties but shall
				attempt to help them satisfactorily resolve the dispute. The mediator shall be
				authorized to make oral and written recommendations of resolution at any point
				in the mediation proceeding. In the event the mediating parties fail to reach
				resolution of their differences, the mediator, before terminating the mediation
				proceeding, shall submit to the parties a final proposed agreement. If a party
				does not accept the mediator's final proposed agreement, it shall advise the
				mediator in writing within ten (10) days of the mediator's issuance of the
				proposed agreement of the specific reasons for its refusal.
D. The mediation proceeding shall be
				terminated when:
(1) the parties have executed
				a mediated agreement;
(2) one or
				more of the parties files with the commission a written declaration that the
				mediation proceeding is terminated; the party must provide a detailed
				explanation for its decision to terminate the mediation; or
(3) the mediator files with the commission a
				written declaration that further efforts at mediation would be
				futile.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.20 - ARBITRATION OF INTERCONNECTION AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A LEC that is unable to negotiate an interconnection
				  agreement with an ILEC may petition the commission to arbitrate any unresolved
				  issues.
A. To initiate arbitration, a
				LEC shall:
(1) file a petition with the
				commission not less than one hundred thirty-five (135) days nor more than one
				hundred sixty (160) days after the date on which its request for
				interconnection was received by the ILEC;
(2) provide all relevant documentation
				concerning the unresolved issues;
(3) provide all relevant documentation
				concerning the position of each party with respect to unresolved
				issues;
(4) provide all relevant
				documentation concerning any issue discussed and resolved by the parties;
				and
(5) on the same day it sends
				the petition to the commission, send a copy of the petition and documentation
				to the ILEC with which it has been unable to reach an agreement.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.21 - STATEMENT OF GENERALLY AVAILABLE TERMS AND CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
An ILEC may, pursuant to
				  47
				  U.S.C. Section 252(f),
				  prepare and file with the commission a statement of terms and conditions for
				  interconnection that it generally offers within New Mexico.
A. The commission shall approve, modify, or
				reject the statement in accordance with the requirements set forth in
				47
				U.S.C. Section 252(f),
				subsections (2)-(4).
B. The
				submission or approval of a statement of generally available terms and
				conditions shall not relieve an ILEC of its duty to negotiate the terms and
				conditions of an interconnection agreement pursuant to
				47 U.S.C. Section
				251(c)(1).
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.22 - SUSPENSION OR MODIFICATION OF CERTAIN REQUIREMENTS FOR RURAL LECS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Interconnection
				obligations. A rural LEC serving fewer than two percent of the aggregate
				subscriber lines installed nationwide may file an application with the
				commission for suspension or modification of the requirements of
				47 U.S.C. Section
				251, subsections (b) and (c), and 17.11.18.8
				NMAC through 17.11.18.13 NMAC applicable to the local exchange service
				facilities specified in the application.
B. Costing and pricing requirements. An ILEC
				that qualifies as a rural LEC may file an application with the commission for
				suspension or modification of the requirements of 17.11.18.14 NMAC through
				17.11.18.16 NMAC.
C. Standards for
				approval. Consistent with the public interest, convenience and necessity, the
				commission may grant the application to the extent and for the duration the
				commission deems necessary to avoid:
(1) a
				significant adverse economic impact on users of telecommunications services
				generally;
(2) imposing a
				requirement that is unduly economically burdensome; or
(3) imposing a requirement that is
				technically unfeasible.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.23 - QUALITY OF SERVICE STANDARDS APPLICABLE TO ILEC INTERCONNECTION FACILITIES AND UNES

Current through Register Vol. 35, No. 13, July 16, 2024
In the event a standard for a specific interconnection
				  facility or UNE is not prescribed in this rule, an ILEC shall meet generally
				  accepted industry standards for that facility or UNE established by the
				  institute of electrical and electronics engineers (IEEE), the American national
				  standards institute (ANSI), Bellcore, or the FCC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 19 - EXPEDITED PROCEDURES FOR COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 17.11.19.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all competitive local exchange carriers
				  and all persons seeking to provide competitive local exchange services in New
				  Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 19 - EXPEDITED PROCEDURES FOR COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 17.11.19.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  8-8-4,
				  8-8-15,
				  and
				  63-9A-8.2.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 19 - EXPEDITED PROCEDURES FOR COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 17.11.19.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2001, 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 19 - EXPEDITED PROCEDURES FOR COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 17.11.19.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish expedited procedures
				  for registration, tariff changes, promotions, and new services, and contracts
				  for competitive local exchange carriers.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 19 - EXPEDITED PROCEDURES FOR COMPETITIVE LOCAL EXCHANGE CARRIERS › Section 17.11.19.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in NMSA 1978 Section
				  63-9A-3,
				  as used in this rule:
A.
affiliate
has the meaning given in
				47
				U.S.C Section
				153(33).
B.
carrier
means any person
				that furnishes telecommunications service to the public subject to the
				jurisdiction of the Commission, regardless of the facilities used and
				regardless of whether the person relies in part or entirely on another
				carrier's facilities.
C.
certificate of registration
means the operating authority issued by the
				Commission for the provision of local exchange services in New
				Mexico.
D.
competitive local
				exchange carrier (CLEC)
means a carrier that provides competitive local
				exchange service in its service area and is not an ILEC, but shall not include
				an ILEC affiliate unless the ILEC executes an affidavit stating that the ILEC
				does not and will not confer benefits on its affiliate that are not conferred
				on equal, non-discriminatory terms on non-affiliates and that the ILEC will
				abide by all Commission rules and orders governing affiliate transactions.
E
contract
means an
				agreement to provide specific services to an individual customer for a
				specified period of time.
F.
incumbent local exchange carrier (ILEC)
means person, or an affiliate of
				a person, that was authorized to provide local exchange service in New Mexico
				on February 8, 1996, or a successor or assignee of the person or affiliate. A
				carrier will also be treated as an ILEC if the Federal Communications
				Commission determines that such provider, or class or category of carrier,
				shall be treated as an ILEC pursuant to
				47 U.S.C. Section
				251(h)(2).
G.
promotion
means a special
				rate for a service provided by a CLEC which is available for a limited period
				of time, and may include rebates, price reductions or waivers of charges in
				conjunction with market trials or other sales-related activities.