Chapter 63 — Chapter 63

As used in the Telephone and Telegraph Company Certification Act: A. "commission" means the public regulation commission; B. "telephone company" means a company, corporation, partnership, individual or others, not engaged solely in interstate business, furnishing mobile telephone…

No telephone company shall hereafter begin the construction or operation of any telephone plant or system or of any extension thereof, for the purpose of furnishing public utility telephone service, without first obtaining from the commission a certificate that public convenience…

A telephone company furnishing public telephone or telegraph service, including any telephone cooperative operating in the state, shall file with the commission an application for a certificate of public convenience and necessity. The commission shall grant a certificate only to …

A. If the applicant for a certificate of convenience and necessity is a corporation, a certified copy of its articles of incorporation shall be filed in the office of the commission before any certificate may issue. B. The commission, upon the filing of an application, shall fix …

A. After conclusion of a hearing on an application for a certificate of convenience and necessity the commission shall make and file an order containing its findings of fact and decision. The order shall become operative twenty days after issuance, except as the commission may ot…

A. Unless exercised within a period designated by the commission, exclusive of any delay due to the order of any court, authority conferred by a certificate of convenience and necessity issued by the commission shall be void. The beginning of the construction of a plant or system…

Any certificate of public convenience and necessity, or rights obtained under any such certificate held, owned or obtained by any telephone company, may be sold, assigned or leased as other property, only after determination by the commission that the purchaser, assignee or lesse…

A. It is unlawful to construct, own, operate, manage, lease or control any plant or equipment for the furnishing of telephone or telegraph service in any certificated area granted to another telephone company unless public convenience and necessity require the second plant or equ…

Chapter 63, Article 9A NMSA 1978 may be cited as the "New Mexico Telecommunications Act". History: Laws 1985, ch. 242, § 1; 1998, ch. 108, § 59.

Nothing in the New Mexico Telecommunications Act shall preclude the commission from exercising its authority to require such accounting or reporting systems as are necessary to allow a proper allocation of investments, costs or expenses that are joint or common to both public tel…

telecommunications services. A. Complaint may be made by any interested party setting forth any act or omission by a provider of telecommunications services alleged to be in violation of any provision of the New Mexico Telecommunications Act or any order or rule of the commission…

sufficient. A substantial compliance by the commission with the requirements of the New Mexico Telecommunications Act shall be sufficient to give effect to all rules, orders, acts and regulations of the commission, and they shall not be declared inoperative, illegal or void for a…

ANNOTATIONS Repeals. — Laws 1998, ch. 108, § 81 repealed 63-9A-13 NMSA 1978, as enacted by Laws 1985, ch. 242, § 13, relating to rules, effective January 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.

Any provider of telecommunications services and any other person in interest being aggrieved by a final order or determination of the commission under the New Mexico Telecommunications Act may file a notice of appeal in the supreme court asking for a review of the commission's fi…

ANNOTATIONS Repeals. — Laws 1998, ch. 108, § 81 repealed 63-9A-15 NMSA 1978, as enacted by Laws 1985, ch. 242, § 15, relating to notice to commission, effective January 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.

A. The appeal shall be on the record made before the commission and shall be governed by the appellate rules applicable to administrative appeals. B. The supreme court shall affirm the commission's order unless it is: (1) arbitrary, capricious or an abuse of discretion; (2) not s…

ANNOTATIONS Repeals. — Laws 1995, ch. 175, § 2, repealed 63-9A-19 NMSA 1978, as enacted by Laws 1985, ch. 242, § 19, relating to penalty for violations of the New Mexico Telecommunications Act, effective June 16, 1995. For provisions of former section, see the 1994 NMSA 1978 on N…

History: Laws 1985, ch. 242, § 2; 1987, ch. 21, § 1; 2000, ch. 100, § 3; 2000, ch. 102, § 3; repealed by Laws 2023, ch. 92, § 5.

The commission may apply to the district court for injunctions to prevent violations of any provision of the New Mexico Telecommunications Act or of any rule or order of the commission issued pursuant to that act, and the court has the power to grant such injunctions and to enfor…

A. The commission shall review the impact of provisions of the New Mexico Telecommunications Act on residential and business consumers in urban and rural areas of the state every three years, the first review to be completed by July 31, 2019, and shall report its findings to the …

As used in the New Mexico Telecommunications Act: A. "affordable rates" means local exchange service rates that promote universal service within a local exchange area, giving consideration to the economic conditions and costs to provide service in such area; B. "alternate provide…

Construction, maintenance or operation of a private telecommunications service does not constitute the provision of public telecommunications service, and a private telecommunications service shall not be subject to regulation by the commission under the New Mexico Telecommunicat…

A. Except as otherwise provided in the New Mexico Telecommunications Act, each public telecommunications service is declared to be affected with the public interest and, as such, subject to the provisions of that act, including the regulation thereof as provided in that act. B. E…

History: Laws 2004, ch. 3, § 4; repealed by Laws 2017, ch. 71, § 8.

History: Laws 2004, ch. 3, § 5; repealed by Laws 2017, ch. 71, § 8.

A. No public telecommunications service shall be offered in this state except in accordance with the provisions of the New Mexico Telecommunications Act. B. No public telecommunications service shall be offered within this state without the telecommunications company first having…

ANNOTATIONS Repeals. — Laws 1999, ch. 295, § 15 repealed 63-9A-6.1 NMSA 1978, as amended by Laws 1988, ch. 16, § 1, relating to the New Mexico universal service fund, effective July 1, 2000. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.

Any telecommunications company which has a certificate of public convenience and necessity permitting it to provide message telecommunications service between or among local exchange areas shall not be allowed to terminate or withdraw from providing message telecommunications ser…

The granting of any certificate of public convenience and necessity to provide a public telecommunications service shall not be deemed to require the holder thereof to provide other telecommunications services under regulation which are otherwise subject to competition. History: …

A. In accordance with the policy established in the New Mexico Telecommunications Act, the commission shall, by its own motion or upon petition by any interested party, determine if a wire center serving area is subject to effective competition. When the commission has made a det…

A. Rates for retail public telecommunications services provided by an incumbent local exchange carrier that serves fifty thousand or more access lines within the state shall be subject to regulation by the commission only in the manner and to the extent authorized by this section…

History: Laws 2000, ch. 100, § 4 and Laws 2000, ch. 102, § 4; 2001, ch. 52, § 1; 2004, ch. 3, § 3; repealed by Laws 2017, ch. 71, § 8.

Basic local exchange telephone service shall not be discontinued to any residence where a seriously or chronically ill person is residing if the person responsible for the telephone service charges does not have the financial resources to pay the charges and if a licensed physici…

A. In accordance with the provisions of this section, the commission shall regulate the rates, charges and service conditions for individual contracts for public telecommunications services in a manner that facilitates effective competition and shall authorize the provision of al…

Chapter 63, Article 9B NMSA 1978 may be cited as the "Cellular Telephone Services Act". History: Laws 1987, ch. 296, § 1; 1998, ch. 108, § 65.

A. The appeal shall be on the record made before the commission and shall be governed by the appellate rules applicable to administrative appeals. B. The supreme court shall affirm the commission's order unless it is: (1) arbitrary, capricious or an abuse of discretion; (2) not s…

The commission may apply to the district court for injunctions to prevent violations of any provision of the Cellular Telephone Services Act or of any rule or order of the commission issued pursuant to that act, and the court has the power to grant injunctions and to enforce inju…

The legislature declares that it is the policy of the state of New Mexico to permit cellular telephone service to operate in this state as authorized by the federal communications commission. It is the purpose of the Cellular Telephone Services Act to permit a regulatory framewor…

As used in the Cellular Telephone Services Act: A. "commission" means the public regulation commission; B. "cellular service company" means a cellular telephone company that uses cellular telephone equipment and is a radio common carrier or telephone or telecommunications company…

A. A cellular service company may provide cellular telephone services in a certificated area as authorized by law and the commission, subject to reasonable rules and regulations of the commission or as otherwise provided by law. The provisions of Section 63-9A-6 NMSA 1978 shall n…

A. Each commercial mobile radio service provider that is authorized to conduct business in New Mexico shall submit to the authorized requester, designated by the chief of the New Mexico state police pursuant to the AMBER Alert Law [29-15A-1 to 29- 15A-5 NMSA 1978], the provider's…

telecommunications services. A. Complaint may be made by any interested party setting forth any act or omission by a cellular service company alleged to be in violation of any provision of the Cellular Telephone Services Act or any order or rule of the commission issued pursuant …

sufficient. A substantial compliance by the commission with the requirements of the Cellular Telephone Services Act shall be sufficient to give effect to all rules, orders, acts and regulations of the commission, and they shall not be declared inoperative, illegal or void for any…

ANNOTATIONS Repeals. — Laws 1998, ch. 108, § 81 repealed 63-9B-7 NMSA 1978, as enacted by Laws 1987, ch. 296, § 7, relating to rules, effective January 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.

A cellular service company or other person in interest being aggrieved by an order or determination of the commission under the Cellular Telephone Services Act may file a notice of appeal in the supreme court asking for a review of the commission's final orders. A notice of appea…

Upon the filing of a notice of appeal, the appellant shall cause a copy to be served upon the commission and parties of record in the proceeding before the commission in the manner prescribed by the Rules of Appellate Procedure for Civil Cases. Within thirty days after service of…

Chapter 63, Article 9C NMSA 1978 may be cited as the "Low Income Telephone Service Assistance Act". History: Laws 1987, ch. 197, § 1; 1998, ch. 108, § 70.

It is the purpose of the Low Income Telephone Service Assistance Act to assure that telephone rate increases do not force many low-income New Mexicans to discontinue necessary telephone service and to increase the availability of basic telephone service to low-income New Mexicans…

As used in the Low Income Telephone Service Assistance Act: A. "commission" means the public regulation commission; B. "department" means the human services department [health care authority department]; and C. "local exchange company" means a person not engaged solely in interst…

A. A local exchange company may provide assistance in the form of reduced rates to those persons who meet the eligibility criteria of one or more need-based assistance programs administered by the department. B. The commission shall promulgate rules and regulations for the implem…