45th legislature - STATE OF NEW MEXICO - first session, 2001

URGING QWEST, THE PUBLIC REGULATION COMMISSION AND THE FEDERAL COMMUNICATIONS COMMISSION TO MOVE THE SECTION 271 PROCESS FORWARD AS QUICKLY AS POSSIBLE.

WHEREAS, the federal Telecommunications Act of 1996 was approved by the congress of the United States to promote competition in all segments of telecommunications markets; and

WHEREAS, competition in the telecommunications industry is expected to increase the advancement of new telecommunications technologies and systems in New Mexico and to improve services for consumers; and

WHEREAS, many New Mexico consumer choices are limited as to the number and capacity of voice transmission providers that offer service in New Mexico; and

WHEREAS, long distance service has been deemed to be subject to effective competition in New Mexico, and opening Qwest's network to local competition from competitive local exchange carriers and granting Qwest long distance approval will further increase choices and opportunities for local and long distance services in New Mexico; and

WHEREAS, Section 271 of the federal Telecommunications Act of 1996 specifies the tests for determining whether local exchange markets are open to competitors; and

WHEREAS, an operational support system is necessary to enable competitive service providers to access the local network, and the application for Section 271 approval may not be submitted until the operational support system is implemented; and

WHEREAS, there is presently a Qwest regional collaborative study to implement an operational support system; and

WHEREAS, Section 271 promises to allow Qwest to provide interlata services to customers in its local service area once the tests for opened local markets are satisfied, including tests to ensure that competitors have nondiscriminatory access to Qwest's operational support systems; and

WHEREAS, Section 271 approval must be granted by the federal communications commission in consultation with the public regulation commission;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that Qwest, the public regulation commission and the federal communications commission be requested to take all possible action to move the Section 271 process forward as quickly as possible to prevent New Mexico from lagging behind other states in opened local and long distance telecommunications markets and to allow all New Mexico to enjoy the benefits of competition in the long distance market; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to Qwest, the public regulation commission and the federal communications commission.