Chapter 63, Article 9A NMSA 1978 may be cited as the “New Mexico Telecommunications Act”. History: Laws 1985, ch. 242, § 1; 1998, ch. 108, § 59. ANNOTATIONS Compiler’s notes. — The New Mexico Telecommunications Act, 63-9A-1 to 63-9A-20 NMSA 1978, would have been repealed by Laws 1998, ch. 108, § 82, effective July 1, […]
Nothing in the New Mexico Telecommunications Act shall preclude the commission from exercising its authority to require such accounting or reporting systems as are necessary to allow a proper allocation of investments, costs or expenses that are joint or common to both public telecommunications services and other services. History: Laws 1985, ch. 242, § 10. […]
A. Complaint may be made by any interested party setting forth any act or omission by a provider of telecommunications services alleged to be in violation of any provision of the New Mexico Telecommunications Act or any order or rule of the commission issued pursuant to that act. B. Upon filing of the complaint, the […]
A substantial compliance by the commission with the requirements of the New Mexico Telecommunications Act 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: Laws 1985, ch. […]
ANNOTATIONS Repeals. — Laws 1998, ch. 108, § 81 repealed 63-9A-13 NMSA 1978, as enacted by Laws 1985, ch. 242, § 13, relating to rules, effective January 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.
Any provider of telecommunications services and any other person in interest being aggrieved by a final order or determination of the commission under the New Mexico Telecommunications Act may file a notice of appeal in the supreme court asking for a review of the commission’s final orders. A notice of appeal shall be filed within […]
ANNOTATIONS Repeals. — Laws 1998, ch. 108, § 81 repealed 63-9A-15 NMSA 1978, as enacted by Laws 1985, ch. 242, § 15, relating to notice to commission, effective January 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.
A. The appeal shall be on the record made before the commission and shall be governed by the appellate rules applicable to administrative appeals. B. The supreme court shall affirm the commission’s order unless it is: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence in the record; or (3) […]
ANNOTATIONS Repeals. — Laws 1998, ch. 108, § 81 repealed 63-9A-17 and 63-9A-18 NMSA 1978, as enacted by Laws 1985, ch. 242, §§ 17 and 18, relating to burden of showing that order is unreasonable or unlawful and decision on appeal, effective January 1, 1999. For provisions of former sections, see the 1998 NMSA 1978 […]
ANNOTATIONS Repeals. — Laws 1995, ch. 175, § 2, repealed 63-9A-19 NMSA 1978, as enacted by Laws 1985, ch. 242, § 19, relating to penalty for violations of the New Mexico Telecommunications Act, effective June 16, 1995. For provisions of former section, see the 1994 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 63-7-23 […]
The legislature declares that it remains the policy of the state of New Mexico to maintain the availability of access to telecommunications services at affordable rates. Furthermore, it is the policy of this state to have comparable telecommunications service rates, as established by the commission, for comparable markets or market areas. To the extent that […]
The commission may apply to the district court for injunctions to prevent violations of any provision of the New Mexico Telecommunications Act or of any rule or order of the commission issued pursuant to that act, and the court has the power to grant such injunctions and to enforce such injunctions by contempt procedure. History: […]
The commission shall review the impact of provisions of the New Mexico Telecommunications Act on residential and business consumers in urban and rural areas of the state every three years, the first review to be completed by July 31, 2019, and shall report its findings to the legislature. The review shall investigate the impact on […]
As used in the New Mexico Telecommunications Act: A. “affordable rates” means local exchange service rates that promote universal service within a local exchange area, giving consideration to the economic conditions and costs to provide service in such area; B. “cable television service” means the one-way transmission to subscribers of video programming or other programming […]
Construction, maintenance or operation of a private telecommunications service does not constitute the provision of public telecommunications service, and a private telecommunications service shall not be subject to regulation by the commission under the New Mexico Telecommunications Act. History: Laws 1985, ch. 242, § 4. ANNOTATIONS
A. Except as otherwise provided in the New Mexico Telecommunications Act, each public telecommunications service is declared to be affected with the public interest and, as such, subject to the provisions of that act, including the regulation thereof as provided in that act. B. The commission has exclusive jurisdiction to regulate incumbent local exchange carriers […]
History: Laws 2004, ch. 3, § 4.; repealed by Laws 2017, ch. 71, § 8. ANNOTATIONS Repeals. — Laws 2017, ch. 71, § 8 repealed 63-9A-5.1 NMSA 1978, as enacted by Laws 2004, ch. 3, § 4, relating to mid-size carriers, separate regulation, effective June 16, 2017. For provisions of former section, see the 2016 […]
History: Laws 2004, ch. 3, § 5; repealed by Laws 2017, ch. 71, § 8. ANNOTATIONS Repeals. — Laws 2017, ch. 71, § 8 repealed 63-9A-5.2 NMSA 1978, as enacted by Laws 2004, ch. 3, § 5, relating to transition of regulation, report to legislature, effective June 16, 2017. For provisions of former section, see […]
A. No public telecommunications service shall be offered in this state except in accordance with the provisions of the New Mexico Telecommunications Act. B. No public telecommunications service shall be offered within this state without the telecommunications company first having obtained from the commission a certificate declaring that the operation is in the present or […]
ANNOTATIONS Repeals. — Laws 1999, ch. 295, § 15 repealed 63-9A-6.1 NMSA 1978, as amended by Laws 1988, ch. 16, § 1, relating to the New Mexico universal service fund, effective July 1, 2000. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.
