Chapter 63, Article 9 NMSA 1978 may be cited as the “Telephone and Telegraph Company Certification Act”. History: 1953 Comp., § 69-10-1, enacted by Laws 1965, ch. 292, § 1; 1998, ch. 108, § 53. ANNOTATIONS Compiler’s notes. — The Telephone and Telegraph Company Certification Act, 63-9-1 to 63-9-19 NMSA 1978, would have been repealed […]
If any telephone company in constructing or extending its plant or system in a noncertificated area contiguous to its certificated area shall interfere with the plant or system constructed or extended by another telephone company in such noncertificated area contiguous also to that company’s certificated area, the commission, on its own motion, or on complaint […]
A. Complaint may be made by any interested party setting forth any act or omission by a telephone company alleged to be in violation of any provision of this act [63-9-1 to 63-9-19 NMSA 1978] or any order or rule of the commission relating to the issuance or nonissuance of a certificate of public convenience […]
ANNOTATIONS Repeals. — Laws 1998, ch. 108, § 81 repealed 63-9-12 to 63-9-14 NMSA 1978, as enacted by Laws 1965, ch. 292, § 14, relating to rules, actions to set aside rules, actions to set aside nonremovable orders of the commission, and time limit for seeking recourse in the courts, effective January 1, 1999. For […]
A substantial compliance by the commission with the requirements of this act [63-9-1 to 63-9-19 NMSA 1978] shall be sufficient to give effect to all rules, orders, acts and regulations of the commission, and they shall not be declared inoperative, illegal or void for any omission of a technical nature, in respect thereto. History: 1953 […]
A. A telephone company or other party in interest being aggrieved by a final order or determination of the commission pursuant to Sections 63-9-1 through 63-9-19 NMSA 1978 may appeal to the supreme court within thirty days. B. The appeal shall be on the record of the hearing before the commission and shall be governed […]
ANNOTATIONS Repeals. — Laws 1998, ch. 108, § 81 repealed 63-9-17 NMSA 1978, as enacted by Laws 1965, ch. 292, § 17, relating to process and procedure in courts, effective January 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com. Laws 1995, ch. 175, § 2, repealed 63-9-18 NMSA 1978, […]
The commission may apply to the district court for injunctions to prevent violations of any provision of the Telephone and Telegraph Company Certification Act or of any rule or order of the commission in connection with the issuance or nonissuance of certificates of public convenience and necessity pursuant to that act, and the court has […]
As used in the Telephone and Telegraph Company Certification Act: A. “commission” means the public regulation commission; B. “telephone company” means a company, corporation, partnership, individual or others, not engaged solely in interstate business, furnishing mobile telephone service or radio paging; C. “public utility telephone service” means making and offering mobile telephone or radio paging […]
No telephone company shall hereafter begin the construction or operation of any telephone plant or system or of any extension thereof, for the purpose of furnishing public utility telephone service, without first obtaining from the commission a certificate that public convenience and necessity requires or will require such construction or operation of the plant or […]
A telephone company furnishing public telephone or telegraph service, including any telephone cooperative operating in the state, shall file with the commission an application for a certificate of public convenience and necessity. The commission shall grant a certificate only to the extent of territory served and shall define such area on a map. Operations for […]
A. If the applicant for a certificate of convenience and necessity is a corporation, a certified copy of its articles of incorporation shall be filed in the office of the commission before any certificate may issue. B. The commission, upon the filing of an application, shall fix a time and place for hearing thereon, which […]
A. After conclusion of a hearing on an application for a certificate of convenience and necessity the commission shall make and file an order containing its findings of fact and decision. The order shall become operative twenty days after issuance, except as the commission may otherwise provide. B. The commission shall grant all certificates as […]
A. Unless exercised within a period designated by the commission, exclusive of any delay due to the order of any court, authority conferred by a certificate of convenience and necessity issued by the commission shall be void. The beginning of the construction of a plant or system, in good faith, within the time prescribed by […]
Any certificate of public convenience and necessity, or rights obtained under any such certificate held, owned or obtained by any telephone company, may be sold, assigned or leased as other property, only after determination by the commission that the purchaser, assignee or lessee is capable of rendering adequate public utility telephone service. History: 1953 Comp., […]
A. It is unlawful to construct, own, operate, manage, lease or control any plant or equipment for the furnishing of telephone or telegraph service in any certificated area granted to another telephone company unless public convenience and necessity require the second plant or equipment. B. Any person, corporation, municipal corporation, partnership or association proposing to […]
