New Mexico Administrative Code

A. All applications for certificates of registration filed by IXCs pursuant to 17.11.4 NMAC, Registration Requirements for Resold Intrastate Long Distance Telecommunications Services and Intrastate Operator Services, pending as of the effective date of this rule shall be deemed a…

An application for a certificate of registration to provide intrastate long distance telecommunications services must 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 …

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

An intrastate long distance provider 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 required by subsections A through I of 17.11.21.11 NMAC in the time, manner and form prescr…

A. Any holder of a certificate of registration to provide intrastate long distance telecommunications services 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 …

An intrastate long distance provider shall notify the Commission in writing prior to any change in circumstances, including, but not limited to: A. a change in the intrastate long distance provider 's name, address or phone number; B. a change in the name, address or phone number…

A. Prior to discontinuing service, an intrastate long distance provider shall: (1) no later than thirty (30) 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 noti…

A. Tariffs not to be misleading. No proposed tariff change concerning a new service, promotion, or change in the rates, terms or conditions of a tariff shall contain misleading, potentially misleading, deceptive, or fraudulent names, rates, terms or conditions. B. Intrastate long…

This rule applies to all carriers providing intrastate long distance telecommunications services in New Mexico except incumbent local exchange carriers with fewer than 50,000 access lines. Procedures for these carriers are provided in 17.11.9 NMAC, Retail Rate Filing Procedures f…

NMSA 1978 Sections 8-8-4, 63-7-1.1, 63-9A-8, and 63-9A-8.1.

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 certificating intrastate long distance providers and modifying intrastate long distance tariffs.

In addition to the definitions in NMSA 1978 Section 63-9A-3, 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 pe…

In the event any provision of this rule conflicts with a provision of 17.11.4 NMAC, Registration Requirements for Resold Intrastate Long Distance Telecommunications Services and Intrastate Operator Services, the provisions of this rule shall control.

A. No person shall offer intrastate long distance telecommunications services in New Mexico without having first obtained a certificate of registration from the Commission to provide such service. B. Any person seeking to provide intrastate long distance telecommunications servic…

New Mexico Public Regulation Commission.

A. Emergency procedures. Each ILEC and facilities-based CLEC shall establish, and instruct its employees regarding, procedures for preventing or mitigating interruption to or impairment of telecommunications service in emergencies resulting from power failures, sudden and prolong…

Unless otherwise authorized by the commission, a LEC shall make all records required by this rule available to the commission, staff, or its authorized representatives at any time upon reasonable notice. A LEC shall make customer proprietary network information available to the c…

A. Order tracking. At the time of each service order, a LEC shall provide to each applicant for basic local exchange service a unique indicator that will permit an applicant to track and verify the order. B. Premises within 1000 feet of distribution terminal.(1) Whenever an ILEC …

An ILEC shall provide alternative service to a customer whose order is held, unless the customer was the cause of the delay. A. Where wireless phone service or equivalent service is available, an ILEC shall offer to pay for the customer to receive such service.(1) The ILEC shall …

A. Confirmation of service order. Within three (3) business days of receipt of a customer's order for designed services, an ILEC shall notify the customer of the proposed installation date and the customer's remedies for the ILEC's failure to meet the proposed installation date. …

A. When service is out for the designated time period, then unless the customer caused the out-of-service condition, an ILEC shall credit the stated amount to the customer's account, unless otherwise determined by customer contract. Period out of service, in clock hours, whether …

A. An ILEC shall list basic local exchange service customers (except those customers requesting otherwise) in the directory assistance database within twenty-four (24) hours of service connection, except during times of regular maintenance, in which case the listing shall occur w…

A. An ILEC shall maintain sufficient wire center and interoffice channel capacity and any other necessary facilities to meet the following minimum requirements during any normal busy hour: (1) dial tone within three (3) seconds for ninety-eight (98) percent of call attempts on th…

A carrier offering operator assistance to the public shall answer eighty-five (85) percent of directory, intercept, toll and local assistance calls within ten (10) seconds. The following are not answers: A. an acknowledgement that the customer is waiting on the line; B. a dropped…

A. Installation of primary local exchange lines. An ILEC shall complete at least ninety-six (96) percent of all requests for installation of primary local exchange lines within the time frames established 17.11.22.12 NMAC. B. Held orders for primary local exchange lines. An ILECs…

This rule applies to all local exchange carriers, except incumbent rural telecommunications carriers, authorized by the commission to provide retail telecommunications services in New Mexico, except that 17.11.22.18 NMAC applies to all carriers offering operator assistance in New…

A. Standards. An ILEC's business and repair offices shall answer calls within an average of thirty-five (35) seconds. If a carrier uses an automated response system, the system shall transfer calls to a customer service representative within an average of thirty-five (35) seconds…

This section applies only to non-designed services. A. Annual compliance reports. (1) By February 15 of each year, each ILEC shall submit to the commission a report detailing, on a statewide basis, its compliance in the preceding calendar year with the quality of service standard…

This section applies only to nondesigned services. A. Installation of service. For any calendar year in which an ILEC failed to achieve, on a statewide basis, the ninety-six (96) percent installation standard for primary local exchange lines, the ILEC shall incur the following cr…

A. Out-of-service clearances. A LEC shall automatically make appropriate adjustments to a customer's bill whenever service from the LEC is interrupted and remains out of order for more than eight (8) hours during a continuous twenty-four (24) hour period after the customer report…

Regardless of the form of regulation, an ILEC shall not recover from customers through its rates the costs it incurs for penalties imposed pursuant to NMSA 1978 Section 63-7-23 or credits provided to customers pursuant to this rule.

A. General requirements. (1) Any carrier may petition for an exemption or 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) Petitio…

NMSA 1978 Sections 8-8-4, 8-8-15, 63-9A-8.2, 63-9B-4, and 63-9B-6.

Permanent.

February 1, 2006, unless a later date is cited at the end of a section.

The purpose of this rule is to establish standards, procedures, reporting requirements, penalties, and customer credits to ensure that carriers provide telecommunications services to retail customers at an adequate quality of service level and in a manner consistent with the prom…

As used in this rule: A. access line means a dial tone line that provides local exchange service from a carrier's switching equipment to a point of termination at the customer's network interface; B. answer means a company representative is ready to assist the customer or is read…

Unless otherwise specified, an ILEC shall provide data both by wire center listed alphabetically by name, and on a statewide average basis. An ILEC shall submit all reports to the commission in printed and electronic spreadsheet format. An ILEC shall file separate reports for non…

A. A LEC shall report outages affecting more than one thousand five hundred (1500) customers and lasting longer than thirty (30) minutes to the consumer relations division of the commission by telephone, facsimile, e-mail, or in person within ninety (90) minutes of the onset of t…

The New Mexico Public Regulation Commission.

Pursuant to NMSA 1978 Section 63-9A-5.1(G), the commission may suspend a tariff introducing a new service, withdrawing a non-basic service, or changing the effective price or the price ceiling of a basic service or a non-basic service under circumstances limited to ensuring compl…

Two years after the effective date of this rule, the commission and any mid-size carrier shall independently review the provisions of this rule and, subsequently, shall report their findings to the legislature. All or part of such findings may be reported to the legislature eithe…

Pursuant to NMSA 1978 Section 63-9A-5.1(H), a mid-size carrier may petition the commission for a waiver of any provision of this rule for good cause shown. Without limitation, extraordinary changes in a carrier's costs caused by administrative, legislative, or judicial action bey…

A mid-size carrier, staff, or other interested party may petition the commission to incorporate exogenous cost changes resulting from extraordinary changes in a mid-size carrier's cost caused by administrative, state or federal legislative changes, or judicial action beyond the c…

This rule applies to all mid-size carriers.