Chapter 63, Article 9B NMSA 1978 may be cited as the “Cellular Telephone Services Act”. History: Laws 1987, ch. 296, § 1; 1998, ch. 108, § 65. ANNOTATIONS Compiler’s notes. — The Cellular Telephone Services Act, 63-9B-1 to 63-9B-14 NMSA 1978, would have been repealed by Laws 1998, ch. 108, § 82, effective July 1, […]
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 — Laws 1998, ch. 108, § 81 repealed 63-9B-11 and 63-9B-12 NMSA 1978, as enacted by Laws 1987, ch. 296, §§ 11 and 12, relating to burden of showing that order is unreasonable or unlawful and decision on appeal, effective January 1, 1999. For provisions of former section, see the 1998 NMSA 1978 […]
The commission may apply to the district court for injunctions to prevent violations of any provision of the Cellular Telephone Services Act or of any rule or order of the commission issued pursuant to that act, and the court has the power to grant injunctions and to enforce injunctions by contempt procedure. History: Laws 1987, […]
The legislature declares that it is the policy of the state of New Mexico to permit cellular telephone service to operate in this state as authorized by the federal communications commission. It is the purpose of the Cellular Telephone Services Act to permit a regulatory framework that will allow modification and detariffing of cellular telephone […]
As used in the Cellular Telephone Services Act: A. “commission” means the public regulation commission; B. “cellular service company” means a cellular telephone company that uses cellular telephone equipment and is a radio common carrier or telephone or telecommunications company licensed by the federal communications commission. A cellular service company operates a cellular system that […]
A. A cellular service company may provide cellular telephone services in a certificated area as authorized by law and the commission, subject to reasonable rules and regulations of the commission or as otherwise provided by law. The provisions of Section 63-9A-6 NMSA 1978 shall not be construed to prevent a certificated cellular service company from […]
A. Each commercial mobile radio service provider that is authorized to conduct business in New Mexico shall submit to the authorized requester, designated by the chief of the New Mexico state police pursuant to the AMBER Alert Law [29-15A-1 to 29-15A-5 NMSA 1978], the provider’s procedure for receiving a wireless emergency alert, including an AMBER […]
A. Complaint may be made by any interested party setting forth any act or omission by a cellular service company alleged to be in violation of any provision of the Cellular Telephone Services Act or any order or rule of the commission issued pursuant to that act. B. Upon filing of the complaint, the commission […]
A substantial compliance by the commission with the requirements of the Cellular Telephone Services 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. History: Laws 1987, ch. 296, § 6. […]
ANNOTATIONS Repeals. — Laws 1998, ch. 108, § 81 repealed 63-9B-7 NMSA 1978, as enacted by Laws 1987, ch. 296, § 7, relating to rules, effective January 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.
A cellular service company or other person in interest being aggrieved by an order or determination of the commission under the Cellular Telephone Services 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 thirty days after […]
Upon the filing of a notice of appeal, the appellant shall cause a copy to be served upon the commission and parties of record in the proceeding before the commission in the manner prescribed by the Rules of Appellate Procedure for Civil Cases. Within thirty days after service of the notice of appeal or such […]
