Section 63-9I-8 – Scope of local authority.
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 structures and utility poles. B. An authority’s power to control the design, engineering, construction, installation or operation […]
Section 63-9H-9 – Regulation of individual contracts to facilitate competition.
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 telecommunications service under stated or negotiated terms to any person or entity that […]
Section 63-9H-10 – Complaint alleging violation by provider of rural public 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 rule of the commission issued pursuant to that act. B. Upon filing […]
Section 63-9H-11 – Validity of orders; substantial compliance with act 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 omission of a technical nature, in respect thereto. History: Laws 1999, […]
Section 63-9H-12 – Appeal of orders of the commission.
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 of the commission’s final orders. A notice of appeal […]
Section 63-9H-3 – Definitions.
A. “affordable rates” means rates for basic service that promote universal service within a local exchange service area, giving consideration to the economic conditions and costs to provide service in the area in which service is provided; B. “basic service” means service that is provided to a rural end-user customer that is consistent with the […]
Section 63-9H-4 – Regulation by commission.
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 as provided in those acts. B. The commission has exclusive jurisdiction […]
Section 63-9H-5 – Certificate required.
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 carrier first having obtained from the commission a certificate declaring that the operation is […]
Section 63-9H-6 – State rural universal service fund; establishment.
A. The commission shall implement and maintain a “state rural universal service fund” to maintain and support universal service that is provided by eligible telecommunications carriers, including commercial mobile radio services carriers, as are determined by the commission. As used in this section, “universal service” means basic local exchange service, comparable retail alternative services at […]
Section 63-9H-7 – Regulation of retail rates of incumbent rural 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 rural telecommunications carrier shall file tariffs for all retail public telecommunications services that, other than residential local […]