New Mexico Administrative Code

A. The commission shall establish and appoint an advisory board composed of representatives from participating contributing companies and ETCs, the attorney general, the commission staff, and any representative(s) of one or more consumer groups or organizations that the commissio…

A. It is the goal of the commission that New Mexico consumers have access to high-quality broadband service from both wireline and mobile broadband providers. Pursuant to Subsection N of Section 63-9H-6, NMSA 1978, ETCs may separately apply to the commission for grants to fund th…

Permanent.

March 12, 2024, unless a later date is cited at the end of a section.

The purpose of this rule is to provide procedures for administering and implementing the New Mexico state rural universal service fund to maintain and support universal service provided by telecommunications carriers that have been designated as eligible telecommunications carrie…

In addition to the definitions contained in Section 63-9H-3, NMSA 1978, as used in this rule: A. Definitions beginning with "A": (1) Access line means a dial tone line, or its functional equivalent, that provides local exchange service from a carrier's switching equipment to a po…

The commission may, upon motion of a carrier or the administrator, or upon the commission's own motion, authorize further intrastate switched access charge reductions for a carrier to correspond to any changes in that carrier's tariffed interstate switched access service charge r…

A. Effective January 1, 2020, unless changed by the commission in a proceeding pursuant to Subsection B of 17.11.10.09 NMAC, the residential and business affordability benchmark rates to be utilized in determining the level of support available from the fund are as follows: (1) t…

New Mexico Public Regulation Commission.

A. Benefits. Lifeline benefits provided by ETCs shall consist of basic service, or its functional equivalent, and usage charges, less a discount of not less than $3.50 and any other lifeline benefits established by the federal communications commission. ETCs shall provide linkup …

A. Reporting Requirements. All ETCs seeking cost recovery shall submit to the commission a monthly report, on or before the 15th day of each month, containing a description of the ETC's lifeline and linkup benefits. The report shall contain monthly information on:(1) the foregone…

This rule applies to all entities that have been designated by the commission as eligible telecommunications carriers and that may receive disbursements from the state rural universal service fund or the federal universal service fund.

Sections 8-8-4, 63-9C-4 and 63-9H-6 NMSA 1978.

Permanent.

November 15, 2010, unless a later date is cited at the end of a section.

The purpose of this rule is to ensure that each eligible telecommunications carrier designated by the commission provides lifeline and link-up benefits intended to make basic telecommunications services available to qualifying individuals and households under specified public ass…

A. Applicant means an eligible customer of an eligible telecommunications carrier. B. Carrier means an entity that provides intrastate retail public telecommunications services or comparable retail alternative services in New Mexico. C. Eligible telecommunications carrier ("ETC")…

A. Program-Based Criteria. All ETCs shall provide lifeline and linkup benefits to any applicant who self-certifies, under penalty of perjury, that his or her household is eligible for public assistance under one or more of the following programs: (1) temporary assistance to needy…

A. Annual Verification. The continuing eligibility of customers for lifeline benefits shall be verified annually. B. Verification Methods. The ETC or responsible agency shall verify the continued eligibility of lifeline customers under the program-based and income-based eligibili…

New Mexico State Corporation Commission [New Mexico Public Regulation Commission].

A. No public telecommunications service shall be offered in this state except in accordance with the provisions of the Act and these regulations. B. No public telecommunications service shall be offered in this state without the provider thereof first having obtained a certificat…

A. All certificates heretofore issued by the Commission shall continue in full force provided the holder thereof has fully complied with the applicable provisions relating to continuous and adequate service to the public imposed by statute or the Commission at the time of issuanc…

A. Any person, corporation, municipal corporation, partnership or association proposing to construct or operate any plant or equipment for the provision of public telecommunications service shall first make application to the Commission for a certificate to construct or operate s…

A. The Commission, upon filing of an application for a certificate, shall set the time and place for a hearing thereon and such other and further procedural dates and requirements as the Commission shall deem proper. B. The Commission will require the applicant to serve notice of…

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 pub…

Any certificate or rights obtained under any such certificate held, owned or obtained by any entity, may be sold, assigned or leased only after a determination by the Commission that the purchaser, assignee or lessee is capable of rendering adequate and continuous public telecomm…

A. Commission regulation of a public telecommunications service that is subject to competition shall be obtained through the filing of a "Petition for Determination" by any interested party or entity including the Commission's staff. B. A petition for determination (hereafter som…

A. Unless otherwise ordered by the Commission upon specific request by the applicant containing ample justification for the request and why none of the pricing methodologies discussed below are applicable to the petition, the information provided with or contained in a petition s…

In granting a petition for determination, the Commission will: A. Make a finding that multiple persons or entities are providing or ready to provide the same or similar service or services or a functionally equivalent alternative or substitute service and that such persons or ent…

A. A finding that a particular service is subject to competition within a particular market area of the state does not mean that the Commission has found that the service is competitive in other market areas or statewide. B. After making a determination that a service is competit…

A petitioner may request that the Commission designate information contained in its Petition for Determination and any proceedings in connection therewith as confidential, including but not limited to cost analysis for such services. In ruling on any such request for confidential…

A. In accordance with the provisions of this section, the Commission may regulate the rates, charges, and service conditions for individual contracts for public telecommunications services in a manner which facilitates competition. B. At any time, the provider of public telecommu…

If any part or application of these regulations is held invalid the remainder or its application to other situations or persons shall not be affected.

It is the purpose of these regulations together with the Commission's Rules of Procedure, other rules and regulations of the Commission relating to telecommunications heretofore or hereafter promulgated by the Commission and orders of the Commission heretofore or hereafter issued…

As used in the Telecommunications Act Regulations: A. "Commission" means the New Mexico State Corporation Commission [New Mexico Public Regulation Commission]; B. "Act" means the New Mexico Telecommunications Act, Laws 1985, Chapter 242; C. "Public Telecommunications Service" ref…

A. On January 24, 1985, the New Mexico State Corporation Commission [New Mexico Public Regulation Commission] ("Commission") issued an Order establishing the above-entitled Docket for purposes of adopting regulations for competitive telecommunications services. The Order directed…

These regulations may be cited as the Telecommunications Act Regulations.

New Mexico State Corporation Commission [New Mexico Public Regulation Commission] - Telecommunications Division.

A. No reseller shall offer public telecommunications services in this state except in accordance with the provisions of the Act, and these Rules and Regulations. B. No reseller shall offer public telecommunications services in this state without the provider thereof first having …

A. All Certificates heretofore issued by the Commission to resellers shall continue to full force and effect. B. All Certificates heretofore issued by the Commission to resellers shall be subject to the provisions of these rules and regulations.

A. Any person, corporation, municipal corporation, partnership or association proposing to act as a reseller within this state shall first make application to the Commission for a certificate. Such application shall conform to the provisions of the Act and to the Commission's Rul…

A. The Commission, upon the filing of an application for a certificate, shall set the time and place for hearing thereon and such other and further procedural dates and requirements of the Commission as it shall deem proper. The Commission will require the applicant to serve noti…

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 pu…