New Mexico Administrative Code

This rule applies to all telecommunications carriers operating in New Mexico subject to the jurisdiction of the commission pursuant to applicable laws.

The New Mexico Public Regulation Act, Sections 8-8-4 and 8-8-15 NMSA 1978; Chapter 63, Article 7, Sections 63-7-1.1 A(1) and 63-7-1.1 A(2) NMSA 1978; the New Mexico Telephone and Telegraph Company Certification Act, Section 63-9-1 et seq. NMSA 1978; the New Mexico Telecommunicati…

Permanent.

February 28, 2007, unless a later date is cited at the end of a section.

The purpose of this rule is to implement 811 as the toll-free, abbreviated dialing code to be used by the public to provide advance notice of excavation activities to one call notification systems and thereby to underground facilities operators as required by federal law.

[RESERVED]

Unless otherwise specified, this rule is not intended to supersede any other rule of the commission but to supplement such rules. Nevertheless, if any provision of this rule is inconsistent with the provisions of any other commission rule, the provisions of this rule shall apply.…

All telecommunications carriers operating in New Mexico shall route all 811 calls made in the state of New Mexico to New Mexico One Call, Inc. A. Local calls. All wireline telecommunications carriers operating in New Mexico shall route all 811 calls made within New Mexico One Cal…

New Mexico Public Regulation Commission.

Any ETC may petition the commission for a variance or exemption from any provision of this rule for good cause shown. A. General requirements: (1) any ETC may petition for a variance or exemption from any of the requirements of this rule; (2) such petition may include a motion th…

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

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

Permanent.

February 14, 2008, unless a later date is cited at the end of a section.

The purpose of this rule is to ensure that each telecommunications carrier designated by the commission as eligible to receive disbursements from the state rural universal service fund or the federal universal service fund annually provides certifications and information to the c…

A. "Carrier" means an entity that provides intrastate retail public telecommunications services or comparable retail alternative services in New Mexico. B. "Commission" means the New Mexico public regulation commission. C. "Eligible telecommunications carrier (ETC)" means a carri…

On or before August 10, 2008, and on or before August 10 of each year thereafter, each carrier designated by the commission as an ETC shall submit a written report to the commission containing the information and certifications set forth in this rule. A. Supporting affidavit: eac…

Forward-looking information that is a trade secret is protected under the Inspection of Public Records Act. Any person seeking certification of its ETC status and desiring to protect as confidential material any information filed in compliance with this rule shall file a request …

New Mexico Public Regulation Commission.

An application for a certificate of registration to provide inmate calling services must contain: A. the name, address, e-mail address and telephone number of the applicant; B. the name, address, e-mail address, and telephone number of the person responsible for regulatory contac…

A. All ICSPs must disclose their rates, fees, and charges to consumers.: (1) For all intrastate calls, the ICSP shall comply with all rate disclosure requirements adopted by the federal communications commission in Title 47 C.F.R. Section 64.710 (operator services for prison inma…

Complaints regarding violations of this rule shall be governed by 1.2.2.13 NMAC through 1.2.2.20 NMAC and 17.11.16.22 NMAC with the exceptions stated below. All other procedural matters shall be handled in accordance with 1.2.2 NMAC and 1.2.3 NMAC. The requirements of the commiss…

A. Initiation of proceedings: Upon receipt of a complaint alleging a violation of this rule, or on its own motion, the commission may initiate proceedings in accordance with its rules of procedure 1.2.2.13 NMAC through 1.2.2.15 NMAC. B. Penalties: Following notice and hearing and…

A. All ICSPs must file tariffs with the commission which set forth the services provided along with any rates, fees, or charges for those services and list each correctional institution to which those rates, fees, or charges apply. Tariffs shall also identify the billing and coll…

A. An ICSP shall not contract for any intrastate operator services or interexchange services with any entity that is out of compliance with the applicable certification requirements of the commission. B. The ICSP shall be responsible for all public access line charges associated …

Operators of correctional institutions have the authority to limit or deny access to institutional phones at times and in circumstances deemed proper by the correctional institution. However, no ICSP may take any action to discriminate among incarcerated persons in providing acce…

A. No ICSP may charge, in the jails it serves with ADP per month of less than 1,000 per month, a per-minute rate for intrastate debit calling, prepaid calling, collect calling, or prepaid collect calling in excess of: RATE CAPS CHART Prepaid Intrastate Incarcerated Person Prepaid…

A. An ICSP shall not charge an ancillary service charge that is not among the types of ancillary service charge listed in the definition of ancillary service charge at Paragraph (1) of Subsection A of 17.11.28.7 NMAC. B. No ICSP may charge a rate for a permitted ancillary service…

The commission may permit an ICSP to impose rates higher than the rate caps as provided for in the rate caps chart in 17.11.28.17 NMAC as may be Adopted from time to time or as stated in a separate commission order for good cause shown. A. An ICSP seeking a variance under this ru…

This rule is applicable to all inmate calling service providers ("ICSPs") certified to operate within the state of New Mexico and also to those ICSPs that apply to the commission to operate within the state of New Mexico.

No ICSP may prohibit or prevent completion of a collect calling call or decline to establish or otherwise degrade collect calling solely for the reason that it lacks a billing relationship with the called party's communications service provider unless the ICSP offers debit callin…

A. The ICSP shall complete a call only upon a positive response from the consumer that the consumer accepts all previously disclosed charges for the call. The provider shall allow consumers the opportunity to decline and thus terminate the call at no charge to the consumer. If th…

A. Each ICSP shall file with the commission copies of all reports submitted to the federal communications commission (FCC), pursuant to 47 CFR § 64.6060, including confidential data bearing on the ICSP's operations and services in New Mexico. For those copies filed with the commi…

No ICSP may charge any taxes or fees to users of inmate calling services, other than those permitted under the definition in Paragraph (A)(2) of 17.11.28.7 NMAC and Section 17.11.28.18.

No ICSP may impose a per-call or per-connection charge on a consumer.

A. No ICSP may institute a minimum balance requirement for a consumer to use debit or prepaid calling. B. No ICSP may prohibit a consumer from depositing at least $50 per transaction to fund a debit or prepaid calling account.

A. No ICSP may charge any rates or fees to a prepaid account unless such rate or fee is contained in a current tariff that has been approved by the commission. B. Prepaid accounts are deemed to be "utility deposits" for purposes of Section 2 of the Uniform Unclaimed Property Act,…

Any holder of a certificate of registration to provide inmate calling services in New Mexico seeking to transfer the certificate to another person shall first apply to the commission for approval of the transfer. The commission shall approve an application for transfer of a certi…

An ICSP shall notify the commission in writing of the following change in circumstances: A. a change in the ICSP's name, address, or phone number; B. a change in the name, address, or phone number of the person responsible for regulatory contacts and consumer dispute resolution; …

A. Prior to discontinuing service, an ICSP shall, no later than 30 days prior to discontinuing service, file with the commission a notice of discontinuance of service showing the number of correctional institutions affected. B. This section does not apply to individual service wi…

Paragraph (10) of Subsection B of Section 8-8-4 et seq., Sections 63-7-1.1 and 63-9A-5, NMSA 1978.

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

A. Any IOSP may petition the commission for a variance from any requirement of this rule. B. A petition for a variance shall be supported by an affidavit signed by an officer of the petitioner or a person with authority to sign for the petitioner. C. Any petition for a variance m…

Permanent.

November 7, 2023, unless a later date is cited at the end of a section.

The purpose of this rule is to establish statewide uniform regulations governing ICSPs so as to ensure reasonable rate regulation for ICSPs while protecting consumers against unreasonable rates and inadequate service.

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. Term…