250 sections in this chapter.
NMSA 1978, § 63-9C-5 Federal waiver
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In addition to any reduced rates provided by local exchange companies on behalf of low-income New Mexicans, the commission shall apply to the federal communications commission for a waiver of the federal end user common line charges. Upon receipt of the waiver, the commission sha…
NMSA 1978, § 63-9C-6 Department cooperation
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Subject to state and federal statutes and regulations governing the sharing of confidential information, the department shall cooperate with the commission and the local exchange companies in identifying those persons eligible for assistance pursuant to the Low Income Telephone S…
NMSA 1978, § 63-9D-1 Short title
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Sections 63-9D-1 through 63-9D-11.1 NMSA 1978 may be cited as the "Enhanced 911 Act". History: Laws 1989, ch. 25, § 1; 1993, ch. 48, § 2; 1998, ch. 108, § 72.
NMSA 1978, § 63-9D-10 Immunity
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Enhanced 911 systems are within the governmental powers and authorities of the local governing body or state agency in the provision of services for the public health, welfare and safety. In contracting for such services or the provisioning of an enhanced 911 system, except for i…
NMSA 1978, § 63-9D-11 Private listing subscribers and 911 service
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A. Private listing subscribers waive the privacy afforded by nonlisted or nonpublished numbers only to the extent that the name and address associated with the telephone number may be furnished to the enhanced 911 system for call routing or for automatic retrieval of location inf…
NMSA 1978, § 63-9D-11.1 Violation; penalties
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A. Any person who knowingly dials 911 for the purpose of reporting a false alarm, making a false complaint or reporting false information that results in an emergency response by any public safety agency is guilty of a petty misdemeanor and shall be punished by a fine of not more…
NMSA 1978, § 63-9D-12 Short title
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Sections 63-9D-12 through 63-9D-20 NMSA 1978 may be cited as the "Enhanced 911 Bond Act". History: Laws 1990, ch. 61, § 1; 1992, ch. 102, § 1.
NMSA 1978, § 63-9D-13 Definitions
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As used in the Enhanced 911 Bond Act: A. "board" means the state board of finance; B. "division" means the local government division of the department of finance and administration; C. "enhanced 911 bonds" means the bonds authorized in the Enhanced 911 Bond Act; D. "enhanced 911 …
NMSA 1978, § 63-9D-14 Enhanced 911 bonds; authority to issue; pledge of
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revenues; limitation on issuance. A. In addition to any other law authorizing the board to issue revenue bonds, the board may issue enhanced 911 bonds pursuant to the Enhanced 911 Bond Act [63-9D- 12 to 63-9D-20 NMSA 1978] for the purposes specified in this section. B. Enhanced 9…
NMSA 1978, § 63-9D-15 Use of proceeds of bond issue
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It is unlawful to divert, use or expend any money received from the issuance of enhanced 911 bonds for any purpose other than the purposes for which the bonds were issued. History: Laws 1990, ch. 61, § 4.
NMSA 1978, § 63-9D-16 Enhanced 911 bonds; terms
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Enhanced 911 bonds: A. shall bear interest at a coupon rate or coupon rates not exceeding the maximum coupon rate which is permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978]; provided that interest shall be payable annually or semiannually and may or may not be e…
NMSA 1978, § 63-9D-17 Bond authorization
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The board may issue and sell enhanced 911 bonds in compliance with the Enhanced 911 Bond Act [63-9D-12 to 63-9D-20 NMSA 1978]. The board shall schedule the issuance and sale of the bonds in the most expeditious and economical manner upon a finding by the board that the division h…
NMSA 1978, § 63-9D-18 Authority to refund bonds
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The board may issue and sell at public or private sale enhanced 911 bonds to refund outstanding enhanced 911 bonds and other bonds payable from the enhanced 911 fund by exchange, immediate or prospective redemption, cancellation or escrow, including the escrow of debt service fun…
NMSA 1978, § 63-9D-19 Enhanced 911 bonds not general obligations;
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authentication. A. Enhanced 911 bonds or refunding bonds issued as authorized by the Enhanced 911 Bond Act [63-9D-12 to 63-9D-20 NMSA 1978] are: (1) not general obligations of the state; and (2) collectible only from the proper pledged revenues, and each bond shall state that it …
NMSA 1978, § 63-9D-2 Findings and purpose
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A. The legislature finds that: (1) isolated people, the elderly, the young and victims of crime are often at risk and without help; (2) children, elderly persons and victims of crime are frequently unable to explain directions to the location of an emergency situation; (3) life-t…
NMSA 1978, § 63-9D-20 Amount of surcharge; security for bonds
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A. The legislature shall provide for the continued imposition, collection and deposit of the 911 emergency surcharge into the enhanced 911 fund in amounts that, together with other amounts deposited into the fund, will be sufficient to produce an amount necessary to meet annual d…
NMSA 1978, § 63-9D-3 Definitions
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As used in the Enhanced 911 Act: A. "911 call" means any real-time communication, message, signal or transmission between a person needing assistance and a public safety answering point call-taker by dialing 9-1-1 or its equivalent; B. "911 service area" means the area designated…
NMSA 1978, § 63-9D-4 Provision for enhanced 911 services by local governing
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bodies; enhanced 911 system costs; payment of costs; joint powers agreements; aid outside jurisdictional boundaries. A. A local governing body or a consortium of local governing bodies may incur costs for the purchase, lease, installation or maintenance of enhanced 911 equipment …
NMSA 1978, § 63-9D-4.1 Repealed
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History: Laws 2003, ch. 339, § 1; repealed by Laws 2017, ch. 122, § 11.
NMSA 1978, § 63-9D-5 Imposition of surcharge
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A. A 911 emergency surcharge is imposed in the amount of one dollar ($1.00) to be billed to each subscriber access line by a communications service provider, on each active number for a commercial mobile radio service subscriber and on the number of VoIP lines for which the VoIP …
NMSA 1978, § 63-9D-5.1 Prepaid wireless enhanced 911 surcharge; collection and
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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…
NMSA 1978, § 63-9D-6 Repealed
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History: Laws 1989, ch. 25, § 6; 1990, ch. 87, § 1; 1993, ch. 48, § 7; 2001, ch. 110, § 4; repealed Laws 2005, ch. 203, § 15.
NMSA 1978, § 63-9D-7 Remittance of charges; administrative fee
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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…
NMSA 1978, § 63-9D-8 Enhanced 911 fund; creation; administration;
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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…
NMSA 1978, § 63-9D-8.1 Division powers
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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…
NMSA 1978, § 63-9D-8.2 Repealed
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History: Laws 1993, ch. 48, § 11; 2001, ch. 110, § 8; repealed Laws 2005, ch. 203, § 15.
NMSA 1978, § 63-9D-9 Repealed
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History: Laws 1989, ch. 25, § 9; 1993, ch. 48, § 12; 2001, ch. 110, § 9; repealed Laws 2005, ch. 203, § 15.
NMSA 1978, § 63-9D-9.1 Repealed
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History: Laws 2001, ch. 110, § 12; repealed Laws 2005, ch. 203, § 15.
NMSA 1978, § 63-9D-9.2 Repealed
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History: Laws 2001, ch. 110, § 13; 2002, ch. 18, § 6; repealed Laws 2005, ch. 203, § 15.
NMSA 1978, § 63-9D-9.3 Repealed
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History: Laws 2001, ch. 110, § 14; repealed Laws 2005, ch. 203, § 15.
NMSA 1978, § 63-9E-1 Pay telephones; credit cards for intrastate telephone calls
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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…
NMSA 1978, § 63-9E-2 Repealed
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ANNOTATIONS Repeals. — Laws 1995, ch. 175, § 2, repealed 63-9E-2 NMSA 1978, as enacted by Laws 1989, ch. 229, § 2, relating to penalties for violation of state corporation commission regulations governing the use of private pay telephones, effective June 16, 1995. For provisions …
NMSA 1978, § 63-9E-3 [Calls to operator at no charge.]
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The caller using a pay phone shall be allowed to reach the operator at no charge. History: Laws 1989, ch. 229, § 3.
NMSA 1978, § 63-9F-1 Short title
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Chapter 63, Article 9F NMSA 1978 may be cited as the "Telecommunications Access Act". History: Laws 1993, ch. 54, § 1; 2004, ch. 106, § 1.
NMSA 1978, § 63-9F-10 Complaints
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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…
NMSA 1978, § 63-9F-11 Imposition of surcharge
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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 authorized by the Low Income Telephone Service Assistance Act [Chapter 63, …
NMSA 1978, § 63-9F-12 Telecommunications access fund; established
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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…
NMSA 1978, § 63-9F-13 Confidentiality of translated or relayed conversations;
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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…
NMSA 1978, § 63-9F-2 Findings and purpose
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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 …
NMSA 1978, § 63-9F-3 Definitions
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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…
NMSA 1978, § 63-9F-4 Specialized telecommunications equipment program
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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…
NMSA 1978, § 63-9F-5 Repealed
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History: Laws 1993, ch. 54, § 5; 1995, ch. 39, § 2; repealed by Laws 2004, ch. 106, §10.
NMSA 1978, § 63-9F-6 Telecommunications relay system
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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…
NMSA 1978, § 63-9F-7 Repealed
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History: Laws 1993, ch. 54, § 7; repealed by Laws 2004, ch. 106, §10.
NMSA 1978, § 63-9F-8 Commission duties; power to audit
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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…
NMSA 1978, § 63-9F-9 Limit on liability
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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…
NMSA 1978, § 63-9G-1 Short title
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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.
NMSA 1978, § 63-9G-2 Definitions
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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: (…
NMSA 1978, § 63-9G-3 Commission powers and duties
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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…
NMSA 1978, § 63-9G-4 Rules to implement act
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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…