Chapter 63, Chapter 63

administration of surcharge; liability of sellers; exclusivity of surcharge. A. As used in this section: (1) "consumer" means a person who purchases prepaid wireless communication service in a retail transaction; (2) "prepaid wireless communication service" means a wireless commu…

A. The surcharge collected shall be remitted monthly to the department, which shall administer and enforce collection of the surcharge in accordance with the Tax Administration Act [Chapter 7, Article 1 NMSA 1978]. The surcharge shall be remitted to the department no later than t…

disbursement; reports to legislature. A. There is created in the state treasury a fund that shall be known as the "enhanced 911 fund". The fund shall be administered by the division. B. All surcharges collected and remitted to the department shall be deposited in the fund. C. Mon…

A. The division may adopt reasonable rules necessary to carry out the provisions of the Enhanced 911 Act. B. The division may fund enhanced 911 systems pursuant to the provisions of the Enhanced 911 Act. C. Division powers are limited and do not include power to intervene between…

Every privately owned, instrument implemented coin or coinless telephone capable of reselling public telecommunications services in New Mexico must be able to accept for intrastate telephone calls the same credit card accounts accepted for such calls at any pay telephone owned by…

The caller using a pay phone shall be allowed to reach the operator at no charge. History: Laws 1989, ch. 229, § 3.

Chapter 63, Article 9F NMSA 1978 may be cited as the "Telecommunications Access Act". History: Laws 1993, ch. 54, § 1; 2004, ch. 106, § 1.

All complaints, including complaints about the service provided by the telecommunications relay system, the provider of the telecommunications relay system or the operation and administration of the telecommunications relay system, shall be made directly to the commission. Histor…

A. A telecommunications relay service surcharge of one and sixty-six hundredths percent is imposed on the gross amount paid: (1) by customers, except customers whose telephone service rates are reduced as a result of the low-income telecommunications assistance program pursuant t…

There is created in the state treasury the "telecommunications access fund". Money appropriated to the fund or accruing to it through gifts, grants, fees, surcharges, penalties or bequests shall be delivered to the state treasurer for deposit in the fund. The fund shall be invest…

penalty for breach of confidentiality. A. A communications assistant who is employed to translate or relay a conversation to or from an impaired individual is a conduit for the conversation and shall not disclose, or be compelled to disclose in any nonjudicial proceeding, the con…

A. The legislature finds that: (1) it supports those provisions of the federal Americans with Disabilities Act of 1990 that address the need to provide telecommunications access to all citizens; (2) many New Mexicans are hearing or speech impaired and because of their impairment …

As used in the Telecommunications Access Act: A. "commission" means the commission for deaf and hard-of-hearing persons; B. "communications assistant" means an individual who translates conversation from text to voice and from voice to text between two end users of a telecommunic…

established. The commission shall design, establish and administer a program for providing specialized telecommunications equipment to impaired individuals. The commission shall adopt regulations for the program that: A. shall include eligibility requirements for participation in…

A. The commission shall administer a telecommunications relay system that enables impaired individuals to communicate with unimpaired individuals. B. The commission shall invite proposals or bids, or both, from telecommunications companies to design and implement a telecommunicat…

A. The commission shall perform all actions necessary to carry out the provisions of the Telecommunications Access Act, including; (1) promulgating and administering such policies, procedures and rules as are necessary to comply with the purpose of that act and to ensure that the…

The commission and the provider of the telecommunications relay system and their employees shall not be liable for any claims, actions, damages or causes of action arising out of or resulting from the establishment, participation in or operation of the telecommunications relay sy…

Sections 1 through 9 [63-9G-1 to 63-9G-9 NMSA 1978] of this act may be cited as the "Cramming and Slamming Act". History: Laws 1999, ch. 138, § 1.

As used in the Cramming and Slamming Act: A. "billing aggregator" means a person that bills customers for goods or services provided by others and that uses a local exchange company as a billing agent; B. "commission" means the public regulation commission; C. "cramming" means: (…

A. The commission has jurisdiction over a billing aggregator to the extent of the billing aggregator's participation in billing for telecommunications services or other goods or services through a customer's telephone bill. Billing aggregators are subject to the provisions of the…

The commission shall promulgate: A. rules on what constitutes authorization of a change or addition to telecommunications services or change in provider for the purposes of determining cramming or slamming, including consideration of the rules on authorization adopted by the fede…

penalties. A. The following acts are prohibited: (1) cramming or slamming; and (2) disconnecting or threatening to disconnect a customer's local exchange service because the customer refuses to pay charges resulting from cramming or slamming and the local exchange company has bee…

A. A customer who is crammed or slammed is absolved of liability for charges resulting from the cramming or slamming during the first ninety days after the cramming or slamming appeared on the customer's telephone bill. Nothing in this subsection affects the local exchange compan…

A. A new charge for telecommunications service or a change in telecommunications provider shall be conspicuously indicated on the customer's telephone bill in clear, unambiguous language and easily legible type. Charges for local exchange service shall be itemized separately from…

information; verification; unauthorized charge or change; written notification. A. As used in this section, "seller" means a provider or other person that sells telecommunications services. B. The provider shall approve all sales scripts and written materials used by its sellers,…

action barred. A. A person shall not injure or threaten to injure a customer's credit because the customer refuses to pay charges resulting from cramming or slamming. A person who violates the provisions of this section is guilty of a fourth degree felony and shall be sentenced a…

Chapter 63, Article 9H NMSA 1978 may be cited as the "Rural Telecommunications Act of New Mexico". History: Laws 1999, ch. 295, § 1, 2013, ch. 194, § 1.

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

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

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

A. An 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 su…

The commission may apply to the district court for injunctions to prevent violations of any provision of the Rural Telecommunications Act of New Mexico 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…

broadband programs; reports. A. By January 1, 2027, the commission shall promulgate rules to implement a low- income telecommunications assistance program to ensure affordable access to telecommunications services to eligible low-income households in New Mexico. Rules adopted pur…

The total obligations of the fund determined by the commission, plus administrative expenses and a prudent fund balance, shall not exceed a cap of: A. eighteen million dollars ($18,000,000) pursuant to the access reduction support, need-based support and comparable carrier suppor…

The legislature declares that it remains the policy of the state of New Mexico to maintain for rural customers availability of access to telecommunications services at affordable rates. Furthermore, it is the policy of this state to have comparable long distance service rates, as…

As used in the Rural Telecommunications Act of New Mexico: A. "affordable rates" means rates for basic service that promote universal service, giving consideration to the economic conditions of households in the service area and costs to provide service in the area in which servi…

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

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

A. The commission shall implement and maintain a "state rural universal service fund" to maintain and support universal service provided by eligible telecommunications carriers, including commercial mobile radio services carriers, as are determined by the commission. As used in t…

telecommunications carrier. A. Rates for retail rural public telecommunications services provided by an incumbent rural telecommunications carrier shall be subject to regulation by the commission only in the manner and to the extent authorized by this section. B. An incumbent rur…

Construction, maintenance or operation of a private telecommunications service does not constitute the provision of rural public telecommunications service, and a private telecommunications service shall not be subject to regulation by the commission pursuant to the Rural Telecom…

A. In accordance with the provisions of this section, the commission shall regulate the rates, charges and service conditions for individual contracts for rural public telecommunications services in a manner that authorizes the provision of all or any portion of a public telecomm…

This act [63-9I-1 to 63-9I-9 NMSA 1978] may be cited as the "Wireless Consumer Advanced Infrastructure Investment Act". History: Laws 2018, ch. 17, § 1 and Laws 2018, ch. 69, § 1.

As used in the Wireless Consumer Advanced Infrastructure Investment Act: A. "antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used to provide wireless services; B. "applicable codes" means uniform building, fir…

terms; right to access; damage and repair. A. This section applies to the activities of a wireless provider within a right of way. B. An authority shall not enter into an exclusive agreement with a wireless provider for the use of a right of way in: (1) constructing, installing, …

fee. A. This section applies to a wireless provider's collocation activities within a right of way. B. An authority may prohibit, regulate or charge for the collocation of a small wireless facility only as provided in this section and Sections 3 [63-9I-3 NMSA 1978], 6 [63-9I-6 NM…

permits; application; fee. A. This section applies to the activities of a wireless provider in installing a new, replacement or modified utility pole associated with the collocation of a small wireless facility in a right of way. B. A new, replacement or modified utility pole ass…

collocations for other commercial projects or uses. A. An authority shall not enter into an exclusive agreement with a person for the right to attach a small wireless facility to an authority utility pole. B. The rates and fees an authority imposes for the collocation of a small …

fulfill duties. A. An authority may adopt an ordinance setting forth the rates, fees and terms for implementing the Wireless Consumer Advanced Infrastructure Investment Act. In the absence of such an ordinance, an authority and a wireless provider may enter into an agreement sett…

A. Except as otherwise provided in the Wireless Consumer Advanced Infrastructure Investment Act, an authority may exercise its zoning, land use, planning and permitting authority and its police power for the installation, modification and replacement of wireless support structure…