New Mexico Administrative Code

If an EAS inquiry is initiated, the Commission may order that a traffic study be conducted by the affected local exchange company or companies. Traffic study results shall be reported to the Commission in such time frame as the Commission may order. Traffic study data shall be de…

A. As a guideline for evaluating community of interest, the Commission may consider that a community of interest exists when: (1) the median calling rate over each interexchange route under consideration equals or exceeds five messages per access line per month, and (2) at least …

A. The affected local exchange company or companies may be ordered by the Commission to initiate a Total Service Long Run Incremental Cost ("TSLRIC") or other appropriate cost study approved for such purpose by the Commission, to determine changes in rates which may result from t…

A. After the annual average incremental revenue requirement created by the new EAS is established by the Commission, the Commission will determine whether a rate additive will be charged to subscribers in the affected exchanges(s), and the amount of such rate additive. The Commis…

A. The Commission may, at any time after initiation of an EAS inquiry, order a subscriber survey by mail to be made of all affected subscribers by the local exchange company or companies. B. The subscriber survey shall contain an explanatory letter stating all pertinent informati…

If interexchange traffic patterns are such that subscriber needs may be adequately served by alternative service offerings, or EAS petitions may not fully meet the requirements of this rule but higher than average interexchange message traffic exists, the Commission may give cons…

If any section of this rule, or the applicability of any section to any person, telecommunications provider, specific EAS proceeding and request, LEC or other circumstance, is for any reason held invalid by a court, the remainder of the rule, or the applicability of such provisio…

This rule applies to all EAS proceedings and requests.

Article 11 of the New Mexico Constitution.

Permanent.

February 28, 1997, unless a later date is cited at the end of a section or paragraph.

The purpose of this rule is to establish uniform guidelines, standards and procedures for filing, acceptance and processing of petitions or requests for EAS which may be pending on, applied for, or made, subsequent to the effective date of this rule.

For purposes of this rule: A. Access line means a communications facility extending from a customer's premises to a serving central office comprising a subscriber line. B. CCS means hundred calling seconds, a measure of telephone traffic load obtained by multiplying the number of…

The Commission may, on its own motion, initiate an inquiry into an EAS proposal, may set forth its own proposal, and may otherwise initiate the procedures for EAS described herein. In addition, the Commission may initiate an inquiry and trigger such procedures in response to the …

Petitions for EAS shall state the boundary and name of each exchange for which EAS is sought.

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

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 of registration. Such application shall conform to the provisions of this rule. B. An ap…

A. Any person, corporation, municipal corporation, partnership or association proposing to provide intrastate operator services in New Mexico shall first make application to the commission for a certificate of registration. Such application shall conform to the provisions of this…

All applications for certificates of public convenience and necessity to provide resold intrastate long distance and/or intrastate operator services within the State of New Mexico still pending as of the effective date of this rule will be deemed applications for certificates of …

An application for transfer of a certificate shall be approved after a hearing pursuant to a notice of proposed agency action, upon a showing of continued financial and technical competency and the filing, in a format approved by the commission, of the proposed tariff that will b…

Any entity holding a certificate of public convenience and necessity or a certificate of registration for the provision of resold intrastate long distance telecommunications services and/or intrastate operator provider services shall immediately notify the commission in writing o…

Any entity holding a certificate of public convenience and necessity or a certificate of registration to provide resold intrastate telecommunications services and/or intrastate operator services shall do the following prior to discontinuing its service in order to ensure that con…

A. Should an applicant propose to change any of the rates, charges, terms and conditions contained in its tariff, it must file an original and five copies of the proposed modified tariff, in a format approved by the commission, including a brief description of the changes, and th…

The Commission shall set aside a certain day each month to hear a trailing docket which will contain items included in the notice of proposed agency action. The notice of proposed agency action shall be issued at least thirty days prior to the hearing. The commission's chief cler…

If any section of this rule, or the applicability of any section to any person, telecommunications provider, aggregator, operator service provider, reseller or circumstance, is for any reason held invalid by a court, the remainder of the rule, or the applicability of such provisi…

This rule applies to all resellers of intrastate long distance telecommunications services within the State of New Mexico and to operator services providers of intrastate long distance telecommunications services offered within the State of New Mexico.

Authority for this rule derives from Article 11 of the New Mexico Constitution and the federal Telecommunications Act of 1996.

Permanent.

This rule shall take effect on November 15, 1996.

The objectives of this rule are to impose requirements, on a competitively neutral basis, necessary to ensure the continued quality of telecommunications services and to safeguard consumer and public interests.

As used in this rule, the following terms have the meanings given here: A. Access code means a sequence of numbers that, when dialed, connect the caller to the provider of resold long distance telecommunications services or intrastate operator services associated with that sequen…

A. No telecommunications service shall be offered in this state except in accordance with the provisions of this rule. B. No resold intrastate long distance or operator telecommunications services shall be offered in this state without the provider thereof first having obtained a…

All certificates of public convenience and necessity issued by the commission previous to the effective date of this rule shall continue in full force and will have the same force and effect as the certificates of registration described herein. Holders of certificates of public c…

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

A. Any person, corporation, municipal corporation, partnership or association proposing to operate as a LEC within this state shall first make application to the commission for a certificate of financial and technical competency. Such application shall conform to the provisions o…

The Commission shall set aside a certain day each month to hear a trailing docket which will contain items included in the notice of proposed agency action. The notice of proposed agency action shall be issued at least thirty days prior to the hearing. The commission's chief cler…

The applicant initiates the procedure for a certificate of operating authority by filing its proposed tariffs with rates, terms and conditions. A. No applicant will have operating authority to provide local exchange services unless the commission determines, after notice and hear…

Applications for changes of rates, charges, terms and conditions contained in a LEC's tariff, and applications to provide new services must be filed in the manner and format required by the commission and must have the approval of the commission prior to use.

A transfer of a certificate of operating authority shall be approved after a hearing upon a showing of continued financial and technical competency if the transfer is approved. An application for a transfer of a certificate of operating authority must contain the proposed tariff …

Any certificate of operating authority or rights obtained under any such certificate held, owned, or obtained by any entity, may be sold, assigned, leased, or otherwise transferred only after the purchaser, assignee, or lessee has complied with this rule.

Any entity holding a certificate of public convenience and necessity or a certificate of operating authority for the provision of local exchange services shall immediately notify the commission in writing of any change(s) in circumstances, including, but not limited to, any of th…

An entity holding a certificate of public convenience and necessity or a certificate of operating authority to provide local exchange telecommunications services shall do the following prior to discontinuing any service in order to ensure continued quality of service and to prote…

In the event that the commission determines that a given territory in the State of New Mexico previously served by a LEC is likely to lose local exchange service, the commission shall conduct a hearing to determine what further steps should be taken to insure continuance of local…

Subsequent to receipt of a certificate of operating authority from the commission, each certificated LEC shall file with the commission annual reports of its local exchange service operating results within the State of New Mexico by April 1st of each year. Such reports shall be b…

This rule applies to all persons or entities that provide local exchange telecommunications services within the State of New Mexico.

If any section of this rule, or the applicability of any section to any person, telecommunications provider, LEC 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 pro…

Authority for this rule derives from Article 11 of the New Mexico Constitution and the federal Telecommunications Act of 1996.