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 63-9G-4 – Rules to implement act.
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 federal communications commission; B. rules and standards on responsibilities of parties in cramming and slamming; […]
Section 63-9G-5 – Complaints filed with commission; rules; administrative penalties.
A. The following acts are prohibited: (1) cramming or slamming; and (2) disconnecting or threatening to disconnect a customer’s local exchange service because the customer refuses to pay charges resulting from cramming or slamming and the local exchange company has been notified of the cramming or slamming. B. A customer or provider may file a […]
Section 63-9G-6 – Cramming or slamming; customer absolution.
A. A customer who is crammed or slammed is absolved of liability for charges resulting from the cramming or slamming during the first ninety days after the cramming or slamming appeared on the customer’s telephone bill. Nothing in this subsection affects the local exchange company or other billing agent from collecting credited amounts from the […]
Section 63-9G-7 – Change in service or provider; telephone bills.
A. A new charge for telecommunications service or a change in telecommunications provider shall be conspicuously indicated on the customer’s telephone bill in clear, unambiguous language and easily legible type. Charges for local exchange service shall be itemized separately from charges for other telecommunications services. B. The local exchange company that serves as the billing […]
Section 63-9G-8 – Sales to be in clear language; false or misleading information; verification; unauthorized charge or change; written notification.
A. As used in this section, “seller” means a provider or other person that sells telecommunications services. B. The provider shall approve all sales scripts and written materials used by its sellers, including contract sellers. C. A seller that attempts to persuade a customer to purchase telecommunications services or change his provider shall make adequate […]
Section 63-9G-9 – Cramming or slamming; damage to credit; penalty; civil action barred.
A. A person shall not injure or threaten to injure a customer’s credit because the customer refuses to pay charges resulting from cramming or slamming. A person who violates the provisions of this section is guilty of a fourth degree felony and shall be sentenced as follows: (1) for threatening to injure a customer’s credit, […]
Section 63-9H-1 – Short title.
Chapter 63, Article 9H NMSA 1978 may be cited as the “Rural Telecommunications Act of New Mexico”. History: Laws 1999, ch. 295, § 1, 2013, ch. 194, § 1. ANNOTATIONS The 2013 amendment, effective June 14, 2013, added the NMSA chapter and article for the Rural Telecommunications Act; and at the beginning of the sentence, […]
Section 63-9H-2 – Purpose.
The legislature declares that it remains the policy of the state of New Mexico to maintain for rural customers availability of access to telecommunications services at affordable rates. Furthermore, it is the policy of this state to have comparable long distance service rates, as established by the commission, for comparable markets or market areas. To […]
Section 63-9G-2 – Definitions.
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: (1) charging a customer for telecommunications services that were not […]