CHAPTER 11 TELECOMMUNICATIONS
PART 19 EXPEDITED PROCEDURES
FOR COMPETITIVE LOCAL EXCHANGE CARRIERS
17.11.19.1 ISSUING
AGENCY: New Mexico Public Regulation Commission.
[17.11.19.1 NMAC – N,
1-1-01]
17.11.19.2 SCOPE: This rule applies to all competitive local exchange carriers and
all persons seeking to provide competitive local exchange services in New
Mexico.
[17.11.19.2 NMAC – N,
1-1-01]
17.11.19.3 STATUTORY
AUTHORITY: NMSA 1978 Sections 8-8-4, 8-8-15, and
63-9A-8.2.
[17.11.19.3 NMAC – N,
1-1-01]
17.11.19.4 DURATION: Permanent.
[17.11.19.4 NMAC – N,
1-1-01]
17.11.19.5 EFFECTIVE
DATE: January 1, 2001, unless a later date is
cited at the end of a section.
[17.11.19.5 NMAC – N,
1-1-01]
17.11.19.6 OBJECTIVE: The purpose of this rule is to establish expedited procedures for
registration, tariff changes, promotions, and new services, and contracts for
competitive local exchange carriers.
[17.11.19.6 NMAC – N,
1-1-01]
17.11.19.7 DEFINITIONS: In addition to the definitions in NMSA 1978 Section 63-9A-3, as
used in this rule:
A. affiliate has the meaning given in 47
U.S.C Section 153(33).
B. carrier means any person that
furnishes telecommunications service to the public subject to the jurisdiction
of the Commission, regardless of the facilities used and regardless of whether
the person relies in part or entirely on another carrier’s facilities.
C. certificate
of registration means the operating authority issued by the Commission for the
provision of local exchange services in New Mexico.
D. competitive
local exchange carrier (CLEC) means a carrier that provides competitive local
exchange service in its service area and is not an ILEC, but shall not include
an ILEC affiliate unless the ILEC executes an affidavit stating that the ILEC
does not and will not confer benefits on its affiliate that are not conferred
on equal, non-discriminatory terms on non-affiliates and that the ILEC will
abide by all Commission rules and orders governing affiliate transactions.
E contract means an agreement to
provide specific services to an individual customer for a specified period of
time.
F. incumbent
local exchange carrier (ILEC) means person, or an affiliate of a person, that was
authorized to provide local exchange service in New Mexico on February 8, 1996,
or a successor or assignee of the person or affiliate. A carrier will also be
treated as an ILEC if the Federal Communications Commission determines that
such provider, or class or category of carrier, shall be treated as an ILEC
pursuant to 47 U.S.C. Section 251(h)(2).
G. promotion means a special rate for a
service provided by a CLEC which is available for a limited period of time,
and may include rebates, price
reductions or waivers of charges in conjunction with market trials or other
sales-related activities.
[17.11.19.7 NMAC – N, 1-1-01]
17.11.19.8 CERTIFICATE
OF REGISTRATION REQUIRED:
A. No
person shall offer competitive local exchange services in New Mexico without
having first obtained from the Commission a certificate of registration to
provide such service.
B. Any
person seeking to provide competitive local exchange services in New Mexico
shall file an application with the Commission for a certificate of registration
in accordance with the provisions of this rule.
C. All
certificates of public convenience and necessity issued by the Commission prior
to January 1, 2001 shall be continued and shall have the same force and effect
as certificates of registration issued pursuant to this rule.
D. A
holder of a certificate of public convenience and necessity that intends to
cease providing continuous and adequate service to the public must comply with
the provisions of this rule regarding discontinuance of service.
[17.11.19.8 NMAC – N,
1-1-01]
17.11.19.9 PENDING
APPLICATIONS: All applications for certificates of
financial and technical competency or certificates of operating authority to
provide telecommunications services as a CLEC filed and pending as of January
1, 2001 shall be deemed applications for certificates of registration to provide such services pursuant to this
rule.
[17.11.19.9 NMAC – N,
1-1-01]
17.11.19.10 CONTENTS OF
APPLICATION: An application for a certificate of
registration shall contain:
A. the name, address, and telephone
number of the applicant;
B. the name, address and telephone number
of the person responsible for regulatory contacts and customer dispute
resolution on behalf of the applicant;
C. a description of the applicant's
existing operations and general service and operating areas in any other
jurisdictions;
D. a list of the applicant's parent,
subsidiary, and affiliated companies that act as carriers in New Mexico,
together with the principal addresses and telephone numbers of each;
E. a general description of the
facilities and equipment that will be used to provide services, including
whether the service will be offered on a facilities basis, a resale basis, or a
combination of both;
F. evidence of the applicant’s
managerial and technical resources and ability to provide service. The applicant may submit resumes of key personnel,
a narrative, or a combination of both.
G. the applicant’s most current income
statement and balance sheet, or other appropriate documentation of applicant’s
financial resources and ability to provide service;
H. a statement that the applicant is aware
of and will comply with Commission rules governing the provision of basic local
exchange service by a CLEC;
I. the disclosure of any formal actions
against the applicant by any court or state or federal regulatory agency that
resulted in any type of penalty or sanction within the five (5) years preceding
the date the application is filed;
J. if the applicant is a corporation,
evidence that the applicant is authorized by the Corporations Bureau of the Commission
to do business in New Mexico and that it is in good corporate standing in New
Mexico;
K. if the applicant is other than a
corporation, a description of the form of ownership, the names and addresses of
all principal owners, managers (as defined in NMSA 1978 Section 53-19-2), and
the applicant's agent for service of process in New Mexico, and the date the
business entity was created;
L. initial tariffs or price lists for
regulated telecommunications services, including a narrative description of the
regulated telecommunications services to be offered and the geographic area and
markets to be served;
M. a statement of whether the applicant
is drawing from the federal or state universal service fund or other explicit
support funds, including a statement of whether the applicant intends to seek
Commission designation as an eligible carrier;
N. a report of any judgment, penalty, or
sanction entered in any other jurisdiction that could adversely affect the
applicant's ability to provide telecommunications services in New Mexico; and
O. if the applicant is a regulated
carrier, any other information the Commission may reasonably require to
accomplish the purposes of this rule.
[17.11.19.10 NMAC – N,
1-1-01]
17.11.19.11 COMMISSION
PROCEDURE: Staff shall review an application for a certificate of
registration within thirty (30) calendar days to determine whether it is
complete. If the application is
incomplete, staff will return it to the applicant. If the application is complete, staff shall present it to the
Commission for issuance of a certificate of registration. The Commission shall issue a certificate of
registration if it finds that the applicant possesses adequate financial
resources and technical competency to provide competitive local exchange
service and that issuance of the certificate of registration is in the public
interest.
[17.11.19.11 NMAC – N,
1-1-01]
17.11.19.12 REPORTING
REQUIREMENTS: Every CLEC shall file an annual report with
the Commission by April 1 of each year, unless a different date is ordered by
the Commission, updating the information described in subsections A, B, D, E,
J, and M of 17.11.19.10 NMAC in the time, manner and form prescribed by the
Commission.
[17.11.19.12 NMAC – N,
1-1-01]
17.11.19.13 TRANSFER OF A
CERTIFICATE OF REGISTRATION:
A. Any
holder of a certificate of registration to provide competitive local exchange
service in New Mexico seeking to transfer the certificate to another person
shall first apply to the Commission for approval of the transfer.
B. The
Commission shall approve an application for transfer of a certificate of
registration upon receipt of a completed application and a copy of the tariff
proposed to take effect upon approval of the transfer.
[17.11.19.13 NMAC – N,
1-1-01]
17.11.19.14 NOTICE OF
CHANGE IN CIRCUMSTANCES: A CLEC shall notify the
Commission in writing prior to any change in circumstances, including, but not
limited to:
A. a
change in the carrier 's name, phone number or address;
B. a
change in the name, phone number or address of the person responsible for
regulatory contacts and customer dispute resolution;
C. merger
of the carrier with another carrier;
D. acquisition
of the carrier by another carrier;
E. acquisition
by the carrier of another carrier;
F. transfer
of the carrier 's certificate;
G. transfer
of a significant portion of the carrier 's assets to another carrier; and
H. any
other change in control of the carrier.
[17.11.19.14 NMAC – N,
1-1-01]
17.11.19.15 DISCONTINUANCE
OF SERVICE:
A. Prior
to discontinuing service, a CLEC shall:
(1) no later than thirty
days prior to discontinuing service, file with the Commission a notice of
discontinuance of service showing:
(a)
the number of customers affected; and
(b)
the form of notice to be given to each customer.
(2) no later than thirty
days prior to discontinuing service, notify its customers of its intent to
discontinue service, the proposed date and time of discontinuance, and any
provisions it has made for continuation of service, if applicable.
B. This section does not apply to the
withdrawal by a CLEC of a specific service offering, as long as the CLEC
continues to offer local exchange service through other service offerings
generally available in the affected service area.
[17.11.19.15 NMAC – N,
1-1-01]
17.11.19.16 TARIFF
CHANGES, PROMOTIONS, AND NEW SERVICES:
A. Filing
requirements. Whenever a CLEC proposes to change its tariff
to include a new service or promotion, or to change any of the rates, charges,
terms and conditions in its tariff, it shall file with the Commission an
original and five (5) copies of the proposed tariff changes at least ten (10)
business days prior to their implementation.
A CLEC shall include in its filing a sequentially numbered Transmittal
Letter (e.g., 2000-1, 2000-2, etc.) containing a description of the proposed
tariff changes. The proposed tariff
changes shall comply with all applicable Commission rules. The tariff changes may go into effect after
ten (10) business days, unless staff notifies the CLEC within ten (10) business
days of its concerns regarding the proposed tariff changes. If staff and the CLEC are able to resolve
staff's concerns, the proposed tariff changes may go into effect and no public
hearing shall be required.
B. Staff
protests. If staff and the CLEC are
unable to resolve staff’s concerns, staff shall file a protest with the Records
Management Bureau of the Administrative Services Division, and the proposed
tariff change shall not go into effect.
The Records Management Bureau shall assign a docket number to staff’s
protest. Staff’s protest shall include
a case caption and a heading that states “Staff Protest." The protest shall include as an attachment
the proposed tariff changes filed by the CLEC and any additional information
furnished to staff by the CLEC. The
CLEC shall have the burden of showing, after notice and a public hearing, why
the proposed new service, promotion, or tariff change is in the public
interest.
C. Electronic
filing requirements. On the same day it files paper
copies of the proposed tariff changes with the Commission, the CLEC shall also
submit an electronic copy of the Transmittal Letter containing the identity of
the telecommunications company, a summary of the proposed new service,
promotion or tariff change, and its effective date. The Commission may prescribe additional form, content, manner of filing,
or other requirements.
D. Notice
to customers. The CLEC shall provide notice of a rate
change to affected customers in the first bill mailed to the customer following
the effective date of the change.
[17.11.19.16 NMAC – N,
1-1-01]
17.11.19.17 CONTRACT
FILING REQUIREMENTS:
A. A CLEC that offers intrastate
telecommunications services under contract shall file a notice of contract with
the Commission within ten (10) calendar days of concluding contract
negotiations. The notice shall include:
(1) the name of the CLEC
offering the service;
(2) the name and address
of the customer;
(3) a summary of the
contract containing a description of the services to be offered and the prices,
terms and conditions for the offered services; and
(4) a statement
confirming that the prices to be charged for the regulated telecommunications
services cover the Commission-defined cost of providing the service and
represent a competitive offer.
B. A CLEC may file standard contract
forms with the Commission and may thereafter reference a standard form in its
notice of contract in lieu of providing a contract summary.
C. A CLEC may note in a notice of
contract a customer's request for confidentiality of the customer’s name and
address.
D. Any carrier or other interested person may, within ten (10)
business days of the date the notice of contract is filed, petition the
Commission for access to any notice of contract. The Commission shall grant access, subject to any protective
orders and to a customer's request for confidentiality of its name and
address.
E. A contract shall be deemed effective
ten (10) business days after the notice of contract is filed unless expressly
suspended by order of the Commission for good cause. If the Commission suspends the contract, the Commission shall
issue its final order on the merits of any disputed matter within sixty (60)
days of the initial filing of the notice of contract.
F. The Commission may disapprove a
contract based on the notice of contract:
(1) for failure of the
CLEC to show that the prices to be charged for the regulated telecommunications
service cover the Commission-defined cost of providing the service, including
the imputed price of wholesale service elements if required by the Commission;
(2) for failure to show
a competitive offer, consistent with NMSA 1978 Section 63-9A-9; or
(3) upon a showing that
the contract is otherwise unlawful.
[17.11.19.17 NMAC – N,
1-1-01]
History
of 17.11.19 NMAC: [RESERVED]