New Mexico Administrative Code

The purpose of these rules and regulations, together with the Commission's Rules and Procedure, and other rules and regulations of the Commission relating to telecommunications heretofore or hereafter promulgated by the Commission, and Orders of the Commission heretofore or herea…

As used in the Rules of Regulations for Non-Facilities Based Resellers of Telecommunications Services: A. "Commission" means the New Mexico State Corporation Commission [New Mexico Public Regulation Commission]. B. "Act" means the New Mexico Telecommunications Act, Section 63-9A-…

This matter came before the New Mexico State Corporation Commission [New Mexico Public Regulation Commission] ("Commission") pursuant to its own inquiry into the applicable regulatory standards to be applied to non-facilities based resellers of public telecommunications service w…

These regulations maybe cited as the Rules and Regulations for Non-Facilities Based Resellers of Public Telecommunication Service.

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

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.…

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.

The Commission may by order establish a fee schedule for registration of payphone providers and payphones operating in New Mexico.

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 fr…

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 …

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 paypho…

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, st…

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,…

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 Regulati…

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.

This rule is applicable to all payphones operating in New Mexico.

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.…

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 c…

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 parti…

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

This rule is adopted pursuant to Article XI of the New Mexico Constitution.

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.

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. Comm…

[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. Acknowledgm…

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 a…

New Mexico Public Regulation Commission.

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…

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 custom…

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 represe…

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 co…

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 identi…

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: …

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 investigat…

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 …

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…

A. Fifteen day notice. At least fifteen (15) days before a LEC discontinues basic local exchange service to a customer, the LEC shall mail written notice to the customer stating its intent to discontinue service and setting forth the customer's rights regarding discontinuance of …

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 provisio…

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 i…

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 cr…

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. Upo…

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 depos…

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 n…