TITLE 17 PUBLIC UTILITIES AND UTILITY SERVICES
CHAPTER 11 TELECOMMUNICATIONS
PART 24 QUALITY OF SERVICE STANDARDS
APPLICABLE TO LARGE INCUMBENT LOCAL EXCHANGE CARRIERS
17.11.24.1 ISSUING
AGENCY:
New Mexico Public Regulation Commission.
[17.11.24.1 NMAC - Rp, 17.11.24.1
NMAC, 12/17/2019]
17.11.24.2 SCOPE: This rule applies to
all large incumbent local exchange carriers (“LILECs”) authorized by the
commission to provide retail telecommunications services in New Mexico.
[17.11.24.2 NMAC - Rp, 17.11.24.2
NMAC, 12/17/2019]
17.11.24.3 STATUTORY
AUTHORITY:
Sections
8-8-4, 8-8-15, and 63-9A-5B NMSA 1978.
[17.11.24.3 NMAC - Rp, 17.11.24.3
NMAC, 12/17/2019]
17.11.24.4 DURATION: Permanent.
[17.11.24.4 NMAC - Rp, 17.11.24.4
NMAC, 12/17/2019]
17.11.24.5 EFFECTIVE
DATE:
December 17, 2019 unless a later date is cited at the end of a section.
[17.11.24.5 NMAC - Rp, 17.11.24.5
NMAC, 12/17/2019]
17.11.24.6 OBJECTIVE: The purpose of this
rule is to establish standards, procedures, and reporting requirements to
ensure that large incumbent local exchange carriers (“LILECs”) provide
telecommunications services to retail customers at an adequate quality of
service level and in a manner consistent with the promotion of universal
service.
[17.11.24.6 NMAC - Rp, 17.11.24.6
NMAC, 12/17/2019]
17.11.24.7 DEFINITIONS: As used in this
rule:
A. “Access line” means a dial tone line
that provides local exchange service from a carrier’s switching equipment to a
point of termination at the customer’s network interface.
B. “Basic services” means retail
telecommunications services that provide residence or business customers with
an individual primary line providing voice grade access to the public switched
network.
C. “Circumstances beyond a LILEC’s control” means:
(1) failure
to obtain necessary rights-of-way or permits despite the filing of timely
applications;
(2) extraordinary
weather and other acts of God or force majeure events; or
(3) supplier
issues, vendor issues, and work stoppages;
D. “customer” means any person or business
that has applied for or is currently receiving telecommunications services.
E. “Designed services” means the
provisioning of regulated circuits requiring treatment, equipment, or
engineering design purchased from a LILEC’s tariff or on an individual contract
basis, including but not limited to analog private line services, DDS, DS-1
(including channelized), DS-3, ISDN-BRI, and special assemblies, where all
facilities and equipment provided are physically located in the state of New
Mexico.
F. “Designed services held order” means an
order for designed services that is not fulfilled within the time frames
specified in 17.11.24.13 NMAC.
G. “Discretionary services” means voice
mail, caller ID, caller name ID, call waiting, 3-way calling, call forwarding,
call return, call blocker, and auto redial, and any similar service sold as an
add-on to a customer’s basic local exchange service.
H. “End office switch” means a switch to which a telephone
subscriber is connected; frequently referred to as a class 5 office, it is the
last central office before the subscriber’s phone equipment and is the switch
that actually delivers dial tone to the subscriber.
I. held order means an order that is not
completed within the time frames described in 17.11.24.12 NMAC.
J. “Incumbent local exchange carrier (ILEC)” means
a 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.
K. “Incumbent rural telecommunication carrier (IRTC)” has the meaning given in Section 63-9H-3 NMSA 1978.
L. “Installation commitment” means a date
pledged by a LILEC to provide basic local exchange service or designed services
to a customer.
M. “Large incumbent local exchange carrier
(LILEC)” means an ILEC with 50,000
or more access lines within the state regulated pursuant to Section 63-9A NMSA
1978 of the Telecommunications Act.
N. “Non-basic services” mean retail
telecommunications services that are not a basic service, a local exchange
service or a wholesale service governed by an interconnection agreement.
O. “Out-of-service trouble report” is a
report from a customer of an inability to receive or place calls on an access
line due to lack of dial tone or severe noise that prevents effective
communication.
P. “Repeat trouble report” is a network
trouble report on an access line within 30 days of a closed trouble report
concerning the same problem on the same line.
Q. “Trouble report” means notification of trouble or perceived trouble by a
customer, third party, or employee acting on behalf of a customer to a large
incumbent local exchange carrier’s repair office, including trouble reported on
the access lines of the large incumbent local exchange carrier’s retail
customers, but not including troubles associated with a customer’s
unfamiliarity with new features or customer premises equipment, or
extraordinary or abnormal conditions of operation.
R. “Wire center” means a facility where
local exchange access lines converge and are connected to a switching device
which provides access to the public switched network, and includes remote
switching units and host switching units.
[17.11.24.7 NMAC - Rp, 17.11.24.7
NMAC, 12/17/2019]
17.11.24.8 REPORTING
REQUIREMENTS FOR LILECs: Unless otherwise specified, a LILEC shall
provide data both by wire center listed alphabetically by name, and on a
statewide average basis. A LILEC shall
submit all reports to the commission in printed and electronic spreadsheet
format. A LILEC shall file separate
reports for non-designed and designed services for the categories specified in
subsections A through F. A LILEC shall
file reports on an annual basis, but shall compile data on a monthly
basis. Reports shall be filed with the
commission within 30 days of the period covered by the report.
A. Trouble reports. A LILEC shall maintain an accurate and
complete record of all trouble reports, categorized as out-of-service trouble
reports or all other trouble reports, and shall note the wire center associated
with each trouble report. Trouble
reports received after 4:00 p.m., Monday through Friday shall be deemed
received at 8:00 a.m. the following business day. Each LILEC shall report the number of trouble
reports in each category received at each wire center and the number of access
lines in service at each wire center.
B. Trouble report rate. A LILEC shall report the trouble report rate
for out-of-service and all other trouble reports for each wire center (number
of trouble reports per hundred access lines per wire center) and, where
applicable, the reason a wire center exceeded the trouble report rate.
C. Trouble reports cleared. A LILEC shall report the percentage of
out-of-service and all other trouble reports cleared by each wire center within
24 hours.
D. Repeat trouble report rate. A LILEC shall report the repeat trouble
report rate for out-of-service and all other trouble reports for each wire
center (number of repeat trouble reports per hundred access lines per wire
center) and, where applicable, the reason a wire center exceeded the applicable
repeat trouble report rate.
E. Installation of primary local exchange
lines within established time frames.
A LILEC shall calculate and report by wire center the percentage of
orders for primary local exchange lines installed within the time frames
established in 17.11.24.12 NMAC, excluding installations not completed due to
circumstances beyond the reasonable control of the LILEC or for which a waiver or variance has
been granted.
F. Average repair interval. A LILEC shall report, by wire center, the
average interval for repairing service.
G. Held orders.
(1) Non-designed services. A LILEC shall report, by wire center and on a
statewide average basis, the number of held orders for non-designed services in
each of the following categories, and shall, upon request of the commission,
provide an explanation for the level of held orders in any particular
category. For primary local exchange
lines, a LILEC shall also report the number of held orders as a percentage of
the total switched access lines in service each month:
(a) total;
(b) business
customers;
(c) residence
customers;
(d) primary
local exchange lines;
(e) additional
lines;
(f) orders
for which waiver petitions are pending or have been granted; and
(g) orders
cancelled by the customer.
(2) Designed services. A LILEC shall report the number of held
orders for designed services in each of the following categories and shall, upon
request of the commission, provide an explanation for the level of held orders
in any particular category:
(a) wire
center;
(b) orders
for which waiver petitions are pending or have been granted; and
(c) orders
cancelled by the customer.
H. Business office and repair office answer
time. A LILEC shall report
separately for its business office and its repair office the percentage of
calls answered within the time frames specified in 17.11.24.17 NMAC.
I. Carrier profile. No later than March 1 of each year, LILECs
shall also report the following information to the commission, based on its
operations as of December 31 of the previous year:
(1) total
number of switched access lines in service;
(2) total
number of residence switched access lines in service;
(3) total
number of business switched access lines in service; and
(4) total
number of orders received.
[17.11.24.8 NMAC - Rp, 17.11.24.8,
12/17/2019]
17.11.24.9 OUTAGES:
A LILEC shall provide to the commission’s consumer relations
division all of the notifications and reports that it provides to the Federal
Communications Commission (“FCC”) pursuant to 47 C.F.R. 4, Disruptions to
Communications, for its operations in New Mexico as a “wireline communications
provider” as defined in 47 C.F.R. 4.3, on the same timeframes as they are
provided to the FCC. Carriers
may redact from those notifications and reports to the commission any
information concerning their operations outside of New Mexico.
[17.11.24.9 NMAC - Rp, 17.11.24.9
NMAC, 12/17/2019]
17.11.24.10 PROVISION
OF SERVICE DURING MAINTENANCE OR EMERGENCIES:
A. Emergency procedures. Each LILEC shall establish, and instruct its
employees regarding procedures for preventing and mitigating interruption to or
impairment of telecommunications service in emergencies, including but not
limited to those resulting from power failures, sudden and prolonged increases
in traffic, illness of operators, or force majeure. LILECs shall file written plans detailing
their emergency procedures with the telecommunications bureau of the
commission. Any changes to the plan
shall be filed with the telecommunications bureau of the commission within 30
days of the change.
B. Reserve power requirements. LILECs shall maintain in each local wire
center, toll switching office, and tandem switching office a minimum of four
hours of battery reserve rated for peak traffic load requirements and shall:
(1) install
a permanent auxiliary power unit in toll and tandem switching offices and in
wire centers serving 10,000 or more access lines;
(2) have
available a mobile power unit which normally can be delivered and connected
within four hours or the time limit of the available battery reserve for wire
centers serving fewer than 10,000 lines.
C. Maintenance scheduling. LILECs shall schedule maintenance requiring
extended service interruptions when it will cause minimal inconvenience to
customers. To the extent possible,
LILECs shall notify customers in advance of extended service interruptions. LILECs shall make emergency service available
in any area that may experience service interruptions affecting 1,000 or more
access lines and lasting more than four hours between the hours of 8:00 a.m. to
10:00 p.m. If a LILEC cannot provide
emergency service, it shall file a report of the service interruption with the
telecommunications bureau of the commission.
D. Loss of switch plan. Each LILEC shall develop a contingency plan
to prevent and minimize service interruptions due to the loss of a wire center
switch that serves more than 10,000 access lines or is the toll or tandem
switching office for 10,000 access lines.
The plan shall describe the actions and systems installed to prevent
such occurrences as well as the actions and systems available to minimize the
extent of any resulting service interruptions.
Each LILEC shall file the plan with the telecommunications bureau of the
commission. Any changes to the plan
shall be filed with the telecommunications bureau within 30 days of the change.
[17.11.24.10 NMAC - Rp, 17.11.24.10
NMAC, 12/17/2019]
17.11.24.11 ACCESS
TO AND AUDIT OF DATA:
Unless otherwise authorized by the commission, a LILEC shall make all
records required by this rule available to the commission, staff, or its
authorized representatives at any time upon reasonable notice. A LILEC shall make customer proprietary
network information available to the commission to the extent allowed by
law. A LILEC shall retain records of
reports, measurements, summaries, and backup information for at least two
years. The commission or staff may
periodically audit a LILEC’s quality of service data.
[17.11.24.11 NMAC - Rp, 17.11.24.11
NMAC, 12/17/2019]
17.11.24.12 INSTALLATION
OF BASIC LOCAL EXCHANGE SERVICE:
A. Order tracking. At the time of each service order, a LILEC
shall provide to each applicant for basic local exchange service a unique
indicator that will permit an applicant to track and verify the order.
B. Premises within 1000 feet of distribution
terminal.
(1) Whenever
a LILEC receives an application for installation of a primary local exchange
line for a premises that is within 1000 feet of a distribution terminal, the
LILEC shall provision service within five business days of receipt of the
service request, or by such later date as the customer may request.
(2) When
LILEC cannot fill an order for a primary local exchange line within ten
business days of receipt of the order, it shall provide written notice to the
customer noting the date of the service order and stating the expected installation
date and the reason for the delay. This
notice must be postmarked within ten business days of the date the service
order is received by the LILEC. The
LILEC shall promptly notify the customer of any changes in the expected
installation date.
C. Premises 1000 feet or more from
distribution terminal. Whenever a
LILEC receives an application for installation of a primary local exchange line
for a premises that is 1000 feet or more from a distribution terminal, the
LILEC shall provision service within 30 business days of receipt of the service
request, or by such later date as the customer may request, unless installation
cannot be completed due to circumstances beyond the reasonable control of the
LILEC.
D. Line extension policy. Each LILEC shall file its line extension
policy for commission review and approval and shall file any subsequent
material changes to the policy for commission review and approval in accordance
with commission procedures for tariff changes.
[17.11.24.12 NMAC - N, 12/17/2019]
17.11.24.13 INSTALLATION
OF DESIGNED SERVICES:
A. Confirmation of service order. Within three business days of receipt of a
customer’s order for designed services, a LILEC shall notify the customer of
the proposed installation date and the customer’s remedies for the LILEC's
failure to meet the proposed installation date.
B. Held order standard. An LILEC shall complete eighty-five percent
of installations for designed services in accordance with the installation
intervals set forth in Subsections C and D of this section.
C. Installation interval - facilities
available. Where facilities exist,
the installation interval shall be ten business days.
D. Installation interval - new facilities
required. Where new facilities are needed
to provide designed service, the LILEC shall install the service within 45
calendar days, unless the customer requests a later date.
(1) When
the delay is caused by circumstances beyond the LILEC's reasonable control and
the commission has granted an exemption or variance pursuant to 17.11.24.18
NMAC, the period of delay shall be added to the time period allowed for
installation of the service.
(2) A
LILEC shall report any case in which it claims the delay is caused by
circumstances beyond the reasonable control of the LILEC to the affected
customer who shall have the right to challenge the exception.
[17.11.24.13 NMAC - N, 12/17/2019]
17.11.24.14 DIRECTORY
ASSISTANCE AND INTERCEPT:
A. A LILEC
shall list basic local exchange service customers (except those customers
requesting otherwise) in the directory assistance database within 24 hours of
service connection, except during times of regular maintenance, in which case
the listing shall occur within 48 hours of service connection.
B. If a LILEC makes
an error in the listed number or name of any customer, then until a new
directory is published, the LILEC shall make, at no charge to the customer,
whatever special arrangements are necessary and reasonable to ensure that
calling parties are able to reach the customer whose listed number or name is
in error.
C. If a LILEC
makes an error in the number, name or address of any listing of any customer,
the LILEC shall place the customer’s correct name, address and telephone number
in the files of the directory assistance and intercept operators within 72
hours of confirmation of the error.
D. When a
customer’s telephone number is changed at the request of the customer after a
directory is published, the LILEC shall provide intercept service for all calls
to the former number for the lesser of 60 days or until a new directory is
issued. If the change is made at the
initiative of the LILEC, the LILEC shall provide intercept service for the
former number at no charge to the customer for the greater of 60 days or the
remaining life of the current directory.
The LILEC shall provide the correct number to its information operator
within 24 hours of the number change (except during times of regular maintenance,
in which case the listing shall occur within 48 hours of service connection) or
send it to the carrier providing information operator service within 24 hours
if the local exchange carrier does not provide its own service. The LILEC's intercept recording shall state
how the caller can obtain the new number.
[17.11.24.14 NMAC - Rp, 17.11.24.14
NMAC, 12/17/2019]
17.11.24.15 NETWORK CALL COMPLETION REQUIREMENTS FOR DIRECT DIALED
CALLS:
A. A LILEC
shall maintain sufficient wire center and interoffice channel capacity and any
other necessary facilities to meet the following minimum requirements during
any normal busy hour:
(1) dial
tone within three seconds for ninety-eight percent of call attempts on the
switched network;
(2) correct
termination of ninety-eight percent of properly dialed intraoffice or
interoffice calls within an extended service area; and
(3) correct
termination of ninety-eight percent of properly dialed intraLATA calls when the
call is routed entirely over the network of the LILEC.
B. Unless
otherwise authorized by the commission, a carrier providing toll service shall
maintain sufficient switching and network channel capacity and any other
necessary facilities so that ninety-eight percent of properly dialed intrastate
toll calls are correctly terminated.
C. A LILEC
shall terminate a properly dialed call in one of the following ways:
(1) the
calling party shall receive an indication of ringing and a ringing signal shall
be delivered to the station location of the called party; if the called party
answers, a connection shall be established between the calling and called
parties;
(2) if
the called number is busy, the calling party shall receive a busy signal,
unless the called party has subscribed to a voice messaging, call forwarding,
or call waiting service;
(3) if
the LILEC cannot establish a connection between the calling and called parties,
the calling party shall receive an announcement or an appropriate overflow
signal that is different than a called party busy signal; a call terminated in
this way shall not be considered correctly terminated for purposes of
calculating the percentage of correctly terminated calls required by
Subsections A and B of this section;
(4) if
a call is made to a non-working code or inoperative customer number, it shall
be directed to the LILEC's intercept service.
[17.11.24.15 NMAC - N, 12/17/2019]
17.11.24.16 QUALITY
OF SERVICE STANDARDS FOR NON-DESIGNED SERVICES:
A. Installation of primary local exchange
lines. A LILEC shall complete at
least ninety-six percent of all requests for installation of primary local
exchange lines within the time frames established 17.11.24.12 NMAC.
B. Trouble reports.
(1) A
LILEC's trouble report rate shall not exceed five trouble reports per month per
100 access lines in service per wire center.
(2) A
LILEC's repeat trouble report rate shall not exceed twelve percent of total
monthly trouble reports, on a wire center basis.
C. Out-of-service clearances.
(1) A
LILEC shall clear eighty-five percent of out-of-service trouble reports in each
month within 24 hours, on a wire center basis.
(2) The
monthly average repair interval in a wire center shall not exceed 20 hours.
[17.11.24.16 NMAC - N, 12/17/2019]
17.11.24.17 TIMELY
RESPONSE BY CUSTOMER SERVICE REPRESENTATIVES:
A. Standards. A LILEC’s business and repair offices shall
answer calls within an average of 35 seconds.
If a carrier uses an automated response system, the system shall
transfer calls to a customer service representative within an average of 35
seconds of the customer’s selection to speak with a customer service
representative or within 40 seconds if the customer does not make a
selection. A LILEC shall ensure that no
more than one percent of calls to its business offices reach a busy signal and
that no more than one percent of calls to its repair offices reach a busy
signal.
B. Reports. A LILEC shall file an exception report within
30 calendar days of the end of any month in which it failed to meet any of the
standards set forth in Subsection A of this section. The report shall identify each offending
business office and repair office, the percent of calls answered, the percent
of calls reaching a busy signal, the reason for failure to meet the respective
standard, the remedial action taken by the LILEC, and any known results of that
remedial action.
[17.11.24.17 NMAC - Rp, 17.11.24.13
NMAC, 12/17/2019]
17.11.24.18 EXEMPTION
OR VARIANCE:
A. General requirements.
(1) Any
carrier may petition for an exemption or variance from any of the requirements
of this rule.
(2) Such
petition may include a motion that the commission stay the affected portion of
this rule for the transaction specified in the motion.
(3) Petitions
for an exemption or a variance and motions for a stay must be supported by an
affidavit signed by an officer of the carrier or other person with authority to
bind the carrier.
(4) The
commission may, at its discretion, require an informal conference or formal
evidentiary hearing prior to making its determination.
B. All other exceptions. A petition for an exemption or variance from
any other requirement of this rule shall:
(1) identify
the section of this rule for which the exemption or variance is requested;
(2) describe
the situation which necessitates the exemption or variance;
(3) describe
the effect of complying with this rule on the carrier and its customers, and on
its competitive affiliates and their customers, if the exemption or variance is
not granted;
(4) state
how the exemption or variance will achieve the purposes of this rule and the
New Mexico Telecommunications Act;
(5) state
why the proposed alternative is in the public interest and is better than the
requirement in the rule; and
(6) state
why the exemption or variance would have no anticompetitive effect.
[17.11.24.18 NMAC - N, 12/17/2019]
17.11.24.19 ENFORCEMENT: Enforcement of service quality standards
under 17.11.24 NMAC is provided by the commission’s fining authority set forth
in Section 63-7-23 NMSA 1978 and the authority to seek an injunction set forth
in Section 63-9-9 NMSA 1978.
[17.11.24 NMAC - Rp, 17.11.24.19,
12/17/2019]
HISTORY OF 17.11.24 NMAC:
History of Repealed Material:
17.11.24 NMAC Quality of Service
Standards Applicable to Mid-Size Carriers, filed 2/15/2006 - Repealed effective
12/17/2019.
NMAC History:
17.11.24 NMAC Quality of Service
Standards Applicable to Mid-Size Carriers (filed 2/15/2006) was replaced by
17.11.24 NMAC Quality of Service Standards Applicable to Large Incumbent Local
Exchange Carriers, effective 12/17/2019.