TITLE 17 PUBLIC
UTILITIES AND UTILITY SERVICES
CHAPTER 11 TELECOMMUNICATIONS
PART 25 CONSUMER
PROTECTION STANDARDS APPLICABLE TO LARGE INCUMBENT LOCAL EXCHANGE CARRIERS
17.11.25.1 ISSUING
AGENCY:
New Mexico Public Regulation Commission.
[17.11.25.1 NMAC - Rp, 17.11.25.1
NMAC, 12/17/2019]
17.11.25.2 SCOPE: This rule applies to
all large incumbent local exchange carriers (“LILECs”) authorized by the
commission to provide retail telecommunications services in New Mexico.
[17.11.25.2 NMAC - Rp, 17.11.25.2
NMAC, 12/17/2019]
17.11.25.3 STATUTORY
AUTHORITY:
Sections 8-8-4, 8-8-15, and
63-9A-5B NMSA 1978.
[17.11.25.3 NMAC - Rp, 17.11.25.3
NMAC, 12/17/2019]
17.11.25.4 DURATION: Permanent.
[17.11.25.4 NMAC - Rp, 17.11.25.4
NMAC, 12/17/2019]
17.11.25.5 EFFECTIVE
DATE: December 17, 2019, unless a later
date is cited at the end of a section.
[17.11.25.5 NMAC - Rp, 17.11.25.5
NMAC, 12/17/2019]
17.11.25.6 OBJECTIVE: The purpose of this
rule is for the establishment of consumer protection standards applicable to large
incumbent local exchange carriers (“LILECs”).
[17.11.25.6 NMAC - Rp, 17.11.25.6
NMAC, 12/17/2019]
17.11.25.7 DEFINITIONS: As used in this
rule:
A. “Access line” means a dial tone line that provides local exchange service
from a LEC’s switching equipment to a point of termination at the customer’s
network interface.
B. “Basic local exchange service” means the customer's voice grade access to the public
switched network, dual tone multifrequency (DTMF) signaling or its functional
equivalent, and access to emergency services (911 and E-911), operator
services, toll services, directory assistance, and toll blocking services for
qualifying low income customers, but does not include discretionary services.
C. “Billing agent” means any person that submits bills for telecommunications
services to a customer on behalf of a carrier.
D. “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, and includes wireless carriers.
E. “Chronically
delinquent” means the status of a residential customer who during the prior
12 months has been disconnected by a carrier for non-payment or who on three or more occasions during the
prior twelve months has not paid a bill by the date a subsequent bill is
rendered.
F. “Competitive local exchange carrier
(CLEC)” means a carrier that provides
competitive local exchange service in its service area and is not an ILEC.
G. “Complaint” means an oral or written expression of dissatisfaction with
a carrier's charges or services (including a request for repair) made to a
carrier by or on behalf of a customer.
H. “Customer” means a person that has applied for or is currently receiving
telecommunications services.
I. “Delinquent” means the status of a bill rendered to a residential
customer for telecommunications service which remains unpaid after the due date
of the bill.
J. “Discontinuance of service” means the intentional cessation of basic local exchange
service by a LEC not voluntarily requested by a customer.
K. “Discretionary service” means voice mail, caller ID, caller name ID, call waiting,
three-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.
L. “Incumbent local exchange carrier
(ILEC)” means 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; 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).
M. “Large incumbent local exchange carrier
(LILEC)’ means an ILEC with more
than 50,000 access lines regulated pursuant to Section 63-9A NMSA 1978 of the
Telecommunications Act.
N. “Medical
professional” means a licensed physician, physician’s assistant,
osteopathic physician, osteopathic physician’s assistant or certified nurse
practitioner.
O. “Network interface” means the point at which the network side of
telecommunications service meets the customer side.
P. “Primary local exchange line” means the first exchange access line installed by any LEC
to serve a customer at the customer’s premises, as distinct from additional
lines that may be ordered at the same or a subsequent time at the same premises.
Q. “Telecommunications
service” has the meaning given to the term
"public telecommunications service" in Section 63-9A-3 NMSA 1978.
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;
[17.11.25.7 NMAC - Rp, 17.11.25.7
NMAC, 12/17/2019]
17.11.25.8 DISCONNECTION
OF BASIC LOCAL EXCHANGE SERVICE AND ALLOCATION OF PARTIAL PAYMENTS:
A. A LILEC may
not disconnect, or threaten to disconnect, either directly or through the use
of ambiguous, deceptive, or misleading language, a customer’s basic local
exchange service for failure to pay charges for toll or discretionary services.
B. A LILEC shall
offer toll blocking upon a customer's request.
C. A LILEC may
impose involuntary toll blocking on a customer’s primary local exchange line
for failure to pay charges for toll service.
However, the toll blocking must be provided without charge and the LILEC
must remove the toll blocking when the bill is paid.
D. A LILEC shall
credit customer’s partial payments for current bills or past due amounts first
to basic local exchange service, unless the customer instructs the LILEC to
allocate the payment in a different manner.
A LILEC shall provide to the customer or the consumer relations division
of the commission upon request of either written verification of oral instructions
given by a customer.
[17.11.25.8 NMAC - Rp, 17.11.25.8
NMAC, 12/17/2019]
17.11.25.9 ACCESS
TO AND AUDIT OF DATA:
Unless otherwise authorized by the commission, a carrier shall make all
records required by this rule available to the commission, staff with the
consent of the commission, 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 carrier shall
retain all records required by this rule for at least two years. The commission, or staff with the consent of
the commission, may periodically audit the timeliness and accuracy of carriers’
customer service and repair records.
[17.11.25.9 NMAC - Rp, 17.11.25.9
NMAC, 12/17/2019]
17.11.25.10 CUSTOMER
COMPLAINT TRACKING:
A. A LILEC shall
maintain a record of all oral and written complaints, including informally
resolved billing disputes, made by or on behalf of customers, which shall
contain:
(1) the
date the complaint was lodged;
(2) the
class of customer (residential or business);
(3) the
category of the complaint (based on the consumer relations division’s list of
complaint categories);
(4) the
region within the state (by wire center or exchange);
(5) how the
complaint was resolved; and
(6) the date of
resolution.
B. A LILEC
shall not retaliate against a customer for any complaint made by the customer
to the commission or any other person.
C. Upon
request of the commission or staff, and for a specified time period not to
exceed two years, a LILEC shall compile and submit to the commission reports
that state the total number of complaints recorded pursuant to Subsection A of
this section and the number of such complaints categorized by the:
(1) the
category of the complaint;
(2) region
within the state (by wire center or exchange); and
(3) class
of customer (residential or business).
D. A LILEC
shall cooperate with the commission, the consumer relations division, and staff
in resolving complaints.
[17.11.25.10 NMAC - Rp, 17.11.25.10
NMAC, 12/17/2019]
17.11.25.11 ACCESS
TO SERVICE AND RATE INFORMATION:
A. A LILEC
shall maintain comprehensive, understandable, accurate, and up-to-date service
and rate information. A LILEC:
(1) shall
provide a toll-free telephone number by which customers can access such
information and shall, upon request, mail written information to a customer;
(2) shall
provide such information to disabled customers in a form accessible to them;
(3) shall provide such information in
English and Spanish as requested by the customer; and
(4) may provide such information
electronically (e.g., by email or text message) if a customer agrees in
writing.
B. A LILEC
shall provide:
(1) information
regarding the rates for direct dialed calls;
(2) information
regarding all relevant charges and rates for calls using a credit card or
calling card;
(3) details
on all advance payments or termination procedures and charges that may apply;
(4) information
regarding where and how a customer may subscribe to the carrier's services;
(5) an
explanation of charges on customers’ bills;
(6) information
regarding proposed changes in services and rates;
(7) information
regarding the availability of service; and
(8) information
describing the commission’s procedures for resolving slamming and cramming disputes,
as set forth in 17.13.8 NMAC - Slamming And Cramming Protection.
C. A LILEC shall also provide
information regarding:
(1) the
timing of installation of primary local exchange lines or additional lines; and
(2) rates
for repair work done on the customer's side of the network interface.
D. A LILEC
shall provide notice of a rate or fee increase or a new charge for an existing
service prior to the implementation of the rate increase or new charge. The notice shall be provided in a bill, a
bill insert, or by separate mailing, in a form and manner that clearly
identifies every rate or fee increase or new charge as such. A carrier shall provide notice of a rate
decrease by no later than the next bill following the billing cycle in which
the rate decrease was implemented. This
notice requirement shall not apply to increases or decreases in taxes or other
government-related fees.
E. When a
customer initially subscribes to basic local exchange service, a LILEC shall
inform the customer, in English or Spanish, as requested by the customer:
(1) that
a low income telephone assistance program (LITAP) is available to qualifying
residential customers and shall ask if the customer would like to receive
further information about the program.
If the customer answers affirmatively, the LEC shall inform the
customer:
(a) that
applications are available at its billing offices or that the LILEC will mail an
application to the customer;
(b) that
the customer must submit to the LILEC a completed application and proof that
the customer meets the eligibility requirements for one or more need-based
assistance programs administered by the human services department;
(c) if
the customer does not have such proof, the LILEC shall advise the customer to
contact his or her local human services department income support division
office or call the HSD customer help desk at its toll free telephone number for
information on how to obtain proof of eligibility; and
(d) the
contact information for the Universal service administrative company,
responsible for administering the FCC’s lifeline program, including phone
number, email contact, and website information; and
(e) that
the customer may obtain additional assistance from the commission’s consumer
relations division and the LILEC shall provide the toll-free telephone number
of the commission’s consumer relations division.
F. The
commission strongly encourages each carrier to make service and rate
information accessible to customers on its website and at its business offices
or customer service centers open to the public, where these exist.
[17.11.25.11 NMAC - N, 12/17/2019]
17.11.25.12 FAIR MARKETING PRACTICES:
A. Any LILEC
subject to the commission’s jurisdiction shall, in all oral or written contacts
with customers:
(1) provide
timely, courteous, and accurate information;
(2) explain
services, and switching and discontinuance of service, accurately and
unambiguously;
(3) not represent
discretionary services as essential;
(4) not
engage in any unfair or deceptive trade practice, including but not limited to
the unfair or deceptive trade practices and unconscionable trade practices
defined in Section 57-12-2 NMSA 1978;
(5) upon
a customer-initiated inquiry about services, make a good-faith effort to
identify the service that is the most economical for the customer, based on the
customer’s representation of his or her telecommunications requirements.
B. Upon
request of the commission or staff, a LILEC shall provide its sales scripts,
marketing materials, and sales and marketing practices and procedures to the
commission for review. A LILEC may
petition for a protective order pursuant to the commission’s rules of procedure
prior to providing the requested information.
[17.11.25.12 NMAC - N, 12/17/2019]
17.11.25.13 TARIFFS
AND BOUNDARY MAPS:
A. Unless
specifically exempted by the commission, a LILEC shall file with the commission
tariffs containing rates, charges, terms, and conditions for all intrastate
services that specifically set forth:
(1) the
conditions and circumstances under which the LILEC, or entities under contract
to the LILEC, will make line extensions or extensions of service to customers
within the exchange area;
(2) minimum
standards for discontinuance of residential basic local exchange service;
(3) the
LILEC's deposit policy; and
(4) charges
for service connections, extensions and line mileage.
B. Each LILEC
shall post tariffs on its website and make copies available for inspection by
the public during regular business hours at its business offices in New Mexico.
C. Each LILEC
shall file with the commission an exchange area boundary map for each of its
exchanges in New Mexico. Each map shall
clearly show the boundary lines of the exchange area the LILEC holds itself out
as serving. Where a portion of the
boundary line is not located on section lines, waterways, railroads, etc, the
exchange boundary lines shall be located by appropriate measurement to an
identifiable location. Maps generally
shall contain the detail shown on county highway maps. The map shall be to a scale and in sufficient
detail to permit a person in the field to locate the exchange service area
boundaries.
[17.11.25.13 NMAC - Rp, 17.11.25.12
NMAC, 12/17/2019]
17.11.25.14 BILLS: A LILEC shall
provide easily readable, readily understandable bills.
A. Itemization. A LILEC’s bills shall itemize services,
usage, and charges, including quantities of units and per-unit charges.
B. Nonrecurring
and recurring charges. A LILEC’s bills
shall separately identify nonrecurring and recurring charges.
C. Toll-free
access to LILEC. A LILEC’s bills shall include
the name and toll-free number of the LILEC.
D. Right
to dispute statement. A LILEC’s bills
shall include a statement, in English and Spanish, advising consumers that they
have a right to dispute the bill.
E. Toll-free
access to commission. A LILEC’s bills
shall include the toll-free number of the consumer relations division of the
commission.
[17.11.25.14 NMAC - Rp, 17.11.25.13
NMAC, 12/17/2019]
17.11.25.15 INFORMATION
REQUIRED SEMI-ANNUALLY: Information provided in English and
Spanish. A LILEC shall semi-annually
provide information to consumers in English and Spanish. A LILEC need not provide all of the
information at the same time and may choose to provide it in a prominent place
on a consumer’s bill or in a bill insert.
The following information is required:
A. A statement
that basic local exchange service will not be discontinued to any residence
where a seriously ill or chronically ill person resides if the person
responsible for the telephone service charges does not have the financial
resources to pay the charges and if a licensed physician, physician's
assistant, osteopathic physician, osteopathic physician’s assistant or
certified nurse practitioner certifies that discontinuance of service might
endanger that person’s health or life and the certificate is delivered to a
manager or officer of the LILEC at least two days prior to the due date of a
bill for telephone service.
B. A statement,
using commonly understood descriptions and examples, that basic local exchange
service will not be discontinued for failure to pay charges for toll or
discretionary services.
C. A notification
that service and rate information is available in telephone directories, on the
LILEC’s web site, by calling a toll-free telephone number, or in other written
materials such as brochures which the LILEC shall provide upon request.
D. A brief
description of LITAP and a toll-free number the consumer can call to obtain further
information about LITAP.
[17.11.25.15 NMAC - Rp, 17.11.25.14
NMAC, 12/17/2019]
17.11.25.16 BILLING
DISPUTES AND ERRORS, GENERAL REFUNDS AND BILL CREDITS:
A. In the
event of a dispute between a customer and a LILEC concerning a bill for
telecommunications services, the LILEC may require the customer to pay the
undisputed portion of the bill to avoid discontinuance of service for
non-payment. The LILEC shall make an
investigation appropriate to the case, and report the results to the
customer. In the event the dispute is
not reconciled, the LILEC shall advise the customer that the customer may file
a complaint with the commission for disposition of the matter.
B. Whenever
the billing for service has not been determined accurately because of a LILEC’s
omission or negligence, the LILEC shall correct the error, and:
(1) notify customers that an adjustment
has been made;
(2) explain the reasons for the
adjustment;
(3) offer and enter into reasonable
payment arrangements in accordance with the following criteria:
(a) whenever
a LILEC has overbilled a customer for service and the customer has paid the
overbilled amount, the LILEC shall credit the total overbilled amount for a
maximum of twenty-four months prior to the discovery of the error within a
reasonable time, but in no event later than the second bill after the carrier
becomes aware of the error;
(b) whenever
a LILEC has underbilled a customer for service, the LILEC may add the
underbilled amount for a maximum of six months’ underbilling to the customer’s
next regular bill, unless the amount exceeds the customer's average bill for
the preceding six months, in which case the customer may elect to make
payments, without interest, over a time period equal to the period over which
the errors were accumulated.
(4) upon request, send the customer
written verification of the payment arrangements agreed to by the customer and
the carrier; a LILEC may provide written verification electronically if the
customer agrees.
[17.11.25.16 NMAC - Rp, 17.11.25.15
NMAC, 12/17/2019]
17.11.25.17 DISCONTINUANCE
OR INTERRUPTION OF SERVICE:
A. Discontinuance without prior notice. A LILEC may
discontinue basic local exchange service to a customer without prior notice in
the event of:
(1) a
condition determined by the LILEC to be hazardous;
(2) a
customer’s use of equipment in such manner as to adversely affect the LILEC 's
service to others;
(3) a
customer’s tampering with, or negligently or intentionally damaging or
destroying equipment furnished and owned by the LILEC; or
(4) unauthorized
use of service provided by the LILEC.
B. Discontinuance with prior notice. Pursuant to 17.11.25.18
NMAC and 17.11.25.19 NMAC, a LILEC may discontinue basic local exchange service
to a customer with prior notice:
(1) for
non-payment of a delinquent account for
basic local exchange service; or
(2) for
failure to post a security deposit or guarantee.
C. Temporary interruption without
notice.
A LILEC may temporarily and without notice interrupt service for an
operational emergency, necessary and unavoidable network maintenance, or
reasons related to the public safety and welfare.
[17.11.25.17 NMAC - Rp, 17.11.25.16
NMAC, 12/17/2019]
17.11.25.18 PROHIBITIONS
ON DISCONTINUANCE OF SERVICE: A LILEC shall not discontinue basic local
exchange service:
A. to
any residence where a seriously or
chronically ill person resides, or will re-establish service to such a
residence, if, at least two days prior to the proposed service discontinuance
date specified in the notice:
(1) the LILEC receives a medical
certification, valid for 90 days, on the form prescribed by the commission in
17.11.16.33 NMAC or a substantially similar form, from a medical professional
stating that discontinuance of service might endanger the customer's life or
health;
(2) the LILEC receives a financial certification,
valid for 90 days, on the form prescribed by the commission in 17.11.16.34 NMAC
or a substantially similar form, from the customer stating that the customer
does not have the financial resources to pay the charges for telecommunications
services; and
(3) the residential
customer enters into a payment plan with the LILEC.
B. for
non-payment of any disputed portion of a bill; or
C. for
delinquency in payment for service
to a previous occupant of the same premises unless the previous occupant
continues to reside at the premises or the new customer is legally liable for
the debt of the previous occupant.
[17.11.25.18 NMAC - Rp, 17.11.25.17
NMAC, 12/17/2019]
17.11.25.19 REQUIREMENTS
PRIOR TO DISCONTINUANCE OF SERVICE:
A. 15 day notice. If prior notice is
required, at least 15 days before a LILEC discontinues basic local exchange
service to a customer, the LILEC shall mail written notice to the customer
stating its intent to discontinue service and setting forth the customer's
rights regarding discontinuance of service.
The notice shall be in English and Spanish, shall be dated, and shall be
in simple, nontechnical language. The
notice shall be sent by U.S. Mail, postage prepaid, to the last address for the
customer known to the LILEC. A
fifteen-day notice of discontinuance shall contain:
(1) the
toll-free telephone number and working hours of LILEC personnel responsible for
administering the procedures in this section;
(2) the
amount owed and the specific date service will be discontinued unless the
customer pays the amount due or makes other arrangements with the LILEC
concerning payment of the charges; upon request, the LILEC shall provide
information to the customer concerning the outstanding charges, including the
dates of the service interval over which the outstanding charges were incurred
and the date and amount of the last payment;
(3) a
statement that basic local exchange service cannot be discontinued for failure
to pay charges for toll or discretionary services;
(4) a
statement that, if the customer pays the portion of the bill which the customer
does not dispute, the LILEC shall review the portion of the bill which the
customer does dispute;
(5) a
statement that a customer may file a complaint with the consumer relations
division of the commission if the customer disagrees with the LILEC 's
determination concerning discontinuance of service;
(6) a
statement in capital letters of the cost of reconnection;
(7) for
residential customers, a statement that:
(a) the LILEC will not discontinue basic
local exchange service to a residence where a seriously or chronically ill
person resides, or will re-establish service to such a residence, if, at least
two days prior to the proposed service discontinuance date specified in the
notice:
(i) the LILEC receives a medical
certification, valid for 90 days, on the form prescribed by the commission in
17.11.16.33 NMAC or a substantially similar form, from a medical professional
stating that discontinuance of service might endanger the customer's life or
health;
(ii) the LILEC receives a financial certification,
valid for 90 days, on the form prescribed by the commission in 17.11.16.34 NMAC
or a substantially similar form, from the customer stating that the customer
does not have the financial resources to pay the charges for telecommunications
services; and
(iii) the residential
customer enters into a payment plan with the LILEC.
(b) if
service has been discontinued, the LILEC shall reestablish service within 12
hours after the residential customer has satisfied the requirements of Item (i)
of Subparagraph (a) through item (iii)
of Subparagraph (a) of Paragraph (7) of this Subsection;
(c) the residential
customer will not be relieved of the obligation to pay for services rendered if
service is continued or reestablished under the provisions of this paragraph;
and
(d) timely delivery by
a residential customer to the LILEC of duly executed medical certification and
financial certification forms shall be adequate to delay discontinuance of
service for at least 90 days and that the LILEC may, in its discretion, delay
the discontinuance for a longer period.
(8) for
residential customers, blank copies or website addresses of the medical
certification form prescribed by the commission in 17.11.16.33 NMAC and the
financial certification form prescribed by the commission in 17.11.16.34 NMAC,
or substantially similar forms; these forms include an agreement to enter into
a payment plan with the LILEC;
(9) for
residential customers, the following statement in capital letters, "If you
have difficulty paying this bill, and feel you may qualify for assistance from
the low income telephone assistance program (LITAP), contact a customer service
representative at (insert toll-free telephone number of the carrier's customer
service department). You may obtain an
application for the low income telephone assistance program at our billing
offices or we can mail an application to you.
You should return the completed application and proof that you meet the
eligibility requirements for one or more need-based assistance programs
administered by the human services department to us at (insert name and mailing
address of carrier's office). If you do
not have such proof, you should contact your local human services department
income support division office or call the HSD customer help desk at its toll
free telephone number for information on how to obtain proof of
eligibility."
B. Hours when service may be
discontinued.
A LILEC may discontinue service to a residential customer Monday through
Thursday during the hours from 8:00 a.m. to two hours before the LILEC's
business office regularly closes. A LILEC
may not discontinue service less than 24 hours prior to a holiday or weekend
unless the LILEC 's business office is open for receipt of payment of past due
charges and LILEC personnel are available to restore service during the holiday
or weekend once payment is received.
[17.11.25.19 NMAC - Rp, 17.11.25.18
NMAC, 12/17/2019]
17.11.25.20 PAYMENT
PLANS:
A. A LILEC shall
attempt to arrange a plan for the payment of past due carrier charges when a
residential consumer who has not been chronically delinquent indicates an
inability to pay the charges. The LILEC
shall not discontinue service to the residential consumer while a payment plan
is being negotiated. The LILEC shall
also maintain a list of organizations in the area that may provide assistance
to consumers in paying telecommunications bills and shall make application
forms for LITAP available upon request.
B. Each
LILEC shall provide a procedure for reviewing residential consumer allegations
that a proposed payment plan is unreasonable, that a LILEC charge is not due
and owing, or that it has not violated an existing payment plan. A LILEC shall not discontinue service until
the review is completed.
[17.11.25.20 NMAC - N, 12/17/2019]
17.11.25.21 RESTORATION
OF SERVICE:
A. Restoration
after payment of charges. A LILEC shall
promptly restore service within one business day after payment of all past-due
charges, including in part any required deposit and a charge for restoration of
service, if any.
B. Restoration
for persons who are ill. A LILEC shall
restore service to a residential consumer within 12 hours of receipt of a
medical certification form and a financial certification form pursuant to
Public Utilities and Utility Services, 17.11.16.33 NMAC.
[17.11.25.21 NMAC - Rp, 17.11.25.19
NMAC, 12/17/2019]
17.11.25.22 INFORMAL
COMPLAINTS:
A. A LILEC shall
fully and promptly investigate and respond to all complaints made directly to
the LILEC by customers. The LILEC shall
make a good faith attempt to resolve the complaint and shall notify the
customer promptly of its proposed disposition of the complaint. Upon request, the LILEC shall send written
confirmation of its proposed disposition of the complaint to the customer.
B. If a LILEC’s
customer representatives cannot resolve a complaint to a customer’s
satisfaction, the LILEC shall provide the complainant with the name, address
and current local or toll-free telephone number of the consumer relations
division of the commission.
C. Upon
receipt of a complaint forwarded by the commission on behalf of a customer, a LILEC
shall make a suitable investigation. A LILEC
shall provide an initial response to the commission within ten business days
after the LILEC receives the complaint.
When the LILEC has concluded its investigation of a complaint, the LILEC
shall provide a written response to the commission detailing the results of the
LILEC's investigation and its proposed resolution. A complaint forwarded by the commission on
behalf of a customer shall not be considered resolved until the consumer
relations division closes the complaint.
[17.11.25.22 NMAC - Rp, 17.11.25.20
NMAC, 12/17/2019]
17.11.25.23 PRIVACY: The commission
hereby adopts by reference the federal communications commission’s rules on
customer proprietary network information codified at 47 CFR 64.2001-64.2009.
[17.11.25.23 NMAC - N, 12/17/2019]
17.11.25.24 MEDICAL CERTIFICATION FORM:
MEDICAL CERTIFICATION FORM (VALID
FOR 90 DAYS)
NOTE: You must complete both parts
of this medical certification form and a financial certification form to
continue receiving telecommunications service.
I, [insert printed name of
residential customer], hereby certify that I am the person responsible for the
charges for telecommunications service at [insert service address], that a
seriously or chronically ill person, [insert name of seriously or chronically
ill person] resides there, and that I am financially unable to pay my bill at
this time. I understand that this
certification does not relieve me of the responsibility to pay my bill, and
that I must reapply for financial certification every 90 days. In addition, I understand that I must make
arrangements for a payment plan with [insert name of LILEC] in order to
continue receiving telecommunications service.
[date] [customer's telephone number] [customer's
signature]
I, [insert name of medical
professional] certify that I am a licensed physician, physician’s assistant,
osteopathic physician, osteopathic physician’s assistant or certified nurse
practitioner who holds license number [insert license number] and that on [insert
date] I examined [insert name of seriously or chronically ill person] who I am
informed resides at [insert service address].
Said person is seriously or chronically ill with [describe condition]. Discontinuance
of telecommunications service to this residence might endanger this person's
health or life during the recovery period.
This certification is valid for
90 days.
[signature of medical professional] [office address and telephone number of
medical professional]
[17.11.25.24 NMAC - N, 12/17/2019]
17.11.25.25 FINANCIAL CERTIFICATION FORM:
FINANCIAL CERTIFICATION FORM (VALID FOR 90 DAYS)
NOTE: You
must complete this financial certification form and a medical certification form
to continue receiving telecommunications service.
FINANCIAL SELF-CERTIFICATION (VALID FOR 90 DAYS)
I, [insert printed name] hereby
certify that I am the person responsible for the charges for telecommunications
service at [insert service address], that a seriously or chronically ill
person, [insert name of seriously or chronically ill person], resides there,
and that I do not have the financial resources to pay the charges for
telecommunications service.
I understand that this certificate
does not relieve me of the responsibility to pay my bill, and that I must submit
another Financial Certification Form every 90 days.
I
understand that if I provide false information, I could be denied medical
emergency telecommunications services.
[customer's signature] [date]
[customer's social security number] [customer's telephone number] [service address]
[city] [ state] [zip
code]
[17.11.25.25 NMAC - N, 12/17/2019]
HISTORY OF 17.11.25 NMAC:
History of Repealed Material:
17.11.25 NMAC - Consumer Protection
Standards Applicable to Mid-Size Carriers, filed 2/15/2006 - Repealed effective
12/17/2019.
NMAC History:
17.11.25 NMAC - Consumer Protection
Standards Applicable to Mid-Size Carriers (filed 2/15/2006) was replaced by
17.11.25 NMAC - Consumer Protection Standards Applicable to Large Incumbent
Local Exchange Carriers, effective 12/17/2019.