New Mexico Administrative Code

As used in this rule: A. bill-and-keep arrangement means neither of two interconnecting LECs charges the other for the transport and termination of local calls that originate on the other LEC's network; B. carrier means any person that furnishes telecommunications service to the …

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 th…

Interconnecting LECs shall establish reciprocal compensation arrangements for the transport and termination of local calls pursuant to 47 U.S.C. Section 252(d)(2), 47 C.F.R. Section 51.701-717 and the requirements of this section. All local calls, including calls used for voice c…

New Mexico Public Regulation Commission.

An application for a certificate of registration shall contain: A. the name, address, and telephone number of the applicant; B. the name, address and telephone number of the person responsible for regulatory contacts and customer dispute resolution on behalf of the applicant; C. …

Staff shall review an application for a certificate of registration within thirty (30) calendar days to determine whether it is complete. If the application is incomplete, staff will return it to the applicant. If the application is complete, staff shall present it to the Commiss…

Every CLEC shall file an annual report with the Commission by April 1 of each year, unless a different date is ordered by the Commission, updating the information described in subsections A, B, D, E, J, and M of 17.11.19.10 NMAC in the time, manner and form prescribed by the Comm…

A. Any holder of a certificate of registration to provide competitive local exchange service in New Mexico seeking to transfer the certificate to another person shall first apply to the Commission for approval of the transfer. B. The Commission shall approve an application for tr…

A CLEC shall notify the Commission in writing prior to any change in circumstances, including, but not limited to: A. a change in the carrier 's name, phone number or address; B. a change in the name, phone number or address of the person responsible for regulatory contacts and c…

A. Prior to discontinuing service, a CLEC shall: (1) no later than thirty days prior to discontinuing service, file with the Commission a notice of discontinuance of service showing: (a) the number of customers affected; and (b) the form of notice to be given to each customer. (2…

A. Filing requirements. Whenever a CLEC proposes to change its tariff to include a new service or promotion, or to change any of the rates, charges, terms and conditions in its tariff, it shall file with the Commission an original and five (5) copies of the proposed tariff change…

A. A CLEC that offers intrastate telecommunications services under contract shall file a notice of contract with the Commission within ten (10) calendar days of concluding contract negotiations. The notice shall include: (1) the name of the CLEC offering the service; (2) the name…

This rule applies to all competitive local exchange carriers and all persons seeking to provide competitive local exchange services in New Mexico.

NMSA 1978 Sections 8-8-4, 8-8-15, and 63-9A-8.2.

Permanent.

January 1, 2001, unless a later date is cited at the end of a section.

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.

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, re…

A. No person shall offer competitive local exchange services in New Mexico without having first obtained from the Commission a certificate of registration to provide such service. B. Any person seeking to provide competitive local exchange services in New Mexico shall file an app…

All applications for certificates of financial and technical competency or certificates of operating authority to provide telecommunications services as a CLEC filed and pending as of January 1, 2001 shall be deemed applications for certificates of registration to provide such se…

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

In addition to the imposition of an administrative fine, the Commission may order such other action or actions as may be appropriate, arising out of the same facts. An administrative fine ordered by the Commission shall be in addition to any other penalty provided by law.

If any section of this rule, or the applicability of any section to any person, telecommunications provider or circumstance, is for any reason held invalid by a court, the remainder of the rule, or the applicability of such provisions to other persons, telecommunications provider…

This rule applies to any telecommunications provider as defined herein.

Authority for this rule derives from Article 11 of the New Mexico Constitution and Section 63-7-23 NMSA 1978.

Permanent.

This rule shall take effect (date of publication in the New Mexico Register) [May 15, 1996.]

The objectives of this rule are to provide procedural rules and regulations for the implementation of 63-7-23 NMSA 1978.

A. For purposes of proceedings to impose administrative fines, and as used in this rule, the following terms have the meanings given in the cited section of the New Mexico Statutes Annotated 1978: (1) Commission, Section 63-7-23(A)(1) NMSA 1978. (2) Telecommunications provider, S…

A. The procedures in Section 63-7-23 NMSA 1978 and the Commission's Rules of Procedure shall apply to proceedings to impose an administrative fine; provided, however, in proceedings to impose an administrative fine, if any provision of this rule or 63-7-23 NMSA 1978 conflict with…

A. Payment of an administrative fine shall be made by certified check or money order payable to the "New Mexico State Corporation Commission" and should be delivered to the Commission's Chief Clerk, in accordance with the terms of the order imposing the administrative fine. B. If…

New Mexico Public Regulation Commission.

At least ten (10) calendar days prior to filing an expedited complaint with the Commission, the complainant carrier shall provide written notice to the Commission and the respondent carrier that the complainant carrier intends to file an expedited complaint. The notice of intent …

The expedited complaint shall clearly state that it is filed pursuant to this rule and shall conform to the requirements of 17.1.2 NMAC, Utility Division Procedures, governing pleadings. The expedited complaint must also: A. contain a statement, including specific facts, demonstr…

The complainant carrier shall, on or before the respective dates the notice of intent and expedited complaint are filed with the Commission: A. deliver the notice of intent or expedited complaint to the respondent carrier's authorized representative, attorney of record, or design…

The respondent carrier shall satisfy, answer or otherwise respond to the expedited complaint within ten (10) calendar days of the date the expedited complaint is delivered. The answer shall be filed with the Commission and delivered to the complainant carrier on the same day.

A. The Commission, or a hearing examiner designated by the Commission, shall hold a pre-hearing conference no later than fifteen (15) calendar days after the date the expedited complaint was filed. At the discretion of the presiding officer, the pre-hearing conference may be cond…

The hearing examiner shall issue a recommended decision within forty-five (45) calendar days after the date the expedited complaint was filed. The parties may file exceptions to the recommended decision on a schedule established by the hearing examiner.

The Commission shall issue a final decision containing findings of fact and conclusions of law within sixty (60) calendar days after the date the expedited complaint was filed.

For good cause shown, the Commission or hearing examiner may extend the time for resolution of a complaint filed pursuant to this rule beyond sixty (60) days. An order for extension of time shall state with specificity the reasons for and length of the extension. Any such extensi…

The Commission may allow joinder or consolidation in one hearing of all matters upon which the expedited complaint is founded. However, an expedited complaint shall not be defective for misjoinder or nonjoinder of parties or causes.

This rule applies to all carriers providing telecommunications services in New Mexico.

NMSA 1978 Sections 8-8-4, 8-8-15, and 63-9A-8.2.

Permanent.

January 1, 2001, unless a later date is cited at the end of a section.

The purpose of this rule is to establish expedited complaint procedures for resolving disputes between carriers.

As used in this rule: A. 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 faciliti…