SENATE BILL 672
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Phil A. Griego
FOR THE
ECONOMIC AND RURAL DEVELOPMENT AND TELECOMMUNICATIONS COMMITTEE
AN ACT
RELATING TO TELECOMMUNICATIONS; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NEW MEXICO TELECOMMUNICATIONS ACT TO PROVIDE FOR COMPETITION AMONG TELECOMMUNICATIONS PROVIDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 63-9A-3 NMSA 1978 (being Laws 1985, Chapter 242, Section 3, as amended) is amended to read:
"63-9A-3. DEFINITIONS.--As used in the New Mexico Telecommunications Act:
A. "affordable rates" means local exchange service rates that promote universal service within a local exchange service area, giving consideration to the economic conditions and costs to provide service in such area;
B. "basic business local exchange service" means a primary, flat-rated, business, local, one-party, access line service;
C. "basic residential local exchange service" means a primary, flat-rated, residence, local, one-party, access line service;
[B.] D. "cable television service" means the one-way transmission to subscribers of video programming or other programming service and subscriber interaction, if any, that is required for the selection of such video programming or other programming service;
[C.] E. "commission" means the public regulation commission;
[D. "competitive telecommunications service" means a service that has been determined to be subject to effective competition pursuant to Section 63-9A-8 NMSA 1978;
E. "effective competition" means that the customers of the service have reasonably available and comparable alternatives to the service;]
F. "fund" means the state rural universal service fund;
G. "incumbent local exchange carrier" means a person or an affiliate of a person that:
(1) was authorized to provide local exchange service on February 8, 1996 or a successor or assignee of the person or affiliate; or
(2) a carrier that will be treated as an incumbent local exchange carrier if the federal communications commission determines that the provider or class or category of carrier shall be treated as an incumbent local exchange carrier pursuant to 47 U.S.C. 251(H)(2);
[G.] H. "local exchange area" means a geographic area encompassing one or more local communities, as described in maps, tariffs or rate schedules filed with the commission, where local exchange rates apply;
[H.] I. "local exchange service" means the transmission of two-way interactive switched voice communications furnished by a telecommunications company within a local exchange area;
[I.] J. "message telecommunications service" means telecommunications service between local exchange areas within the state for which charges are made on a per-unit basis, not including wide-area telecommunications service, or its equivalent, or individually negotiated contracts for telecommunications services;
[J.] K. "mid-size carrier" means a telecommunications company with more than fifty thousand but less than three hundred seventy-five thousand access lines in the state;
[K. "noncompetitive telecommunications service" means a service that has not been determined to be subject to effective competition pursuant to Section 63-9A-8 NMSA 1978;]
L. "private telecommunications service" means a system, including the construction, maintenance or operation thereof, for the provision of telecommunications service, or any portion of that service, by a person for the sole and exclusive use of that person and not for resale, directly or indirectly. For purposes of this definition, the person that may use such service includes any affiliates of the person if at least eighty percent of the assets or voting stock of the affiliates is owned by the person. If any other person uses the telecommunications service, whether for hire or not, the private telecommunications service is a public telecommunications service;
M. "public telecommunications service" means the transmission of signs, signals, writings, images, sounds, messages, data or other information of any nature by wire, radio, lightwaves or other electromagnetic means originating and terminating in this state regardless of actual call routing. "Public telecommunications service" does not include the provision of terminal equipment used to originate or terminate such service; private telecommunications service; broadcast transmissions by radio, television and satellite broadcast stations regulated by the federal communications commission; radio common carrier services, including mobile telephone service and radio paging; or one-way cable television service; and
N. "telecommunications company" means a person that provides public telecommunications service."
Section 2. A new section of the New Mexico Telecommunications Act is enacted to read:
"[NEW MATERIAL] RATES FOR TELECOMMUNICATIONS SERVICES--PUBLIC NOTICE.--
A. Rates for retail public telecommunications services provided by a telecommunications company shall be subject to regulation by the commission only in the manner and to the extent authorized by this section.
B. A telecommunications company shall provide price lists that shall be effective for decreases in retail public telecommunications services:
(1) three days after they are provided to the commission for all business services other than basic business local exchange service; or
(2) three days after provision to the commission and posting to the telecommunications company's public web site for residential service other than basic residential local exchange service.
C. Notwithstanding the provisions of Subsection B of this section, rates for basic business local exchange service and basic residential local exchange service shall be either set or modified in accordance with the incumbent local exchange carrier's alternative form of regulation plan implemented by the commission pursuant to Section 63-9A-8.2 NMSA 1978. D. Rates for local exchange service to retail end-user customers may be reduced to a level in which prices or rates charged for the service shall cover the average variable cost for the provision of the service. Any increase in rates for local exchange service to retail end-user customers shall be in accordance with the incumbent local exchange carrier's alternative form of regulation plan implemented by the commission pursuant to Section 63-9A-8.2 NMSA 1978.
E. A telecommunications company operating pursuant to this section may offer or discontinue offering special incentives, discounts, packaged offerings, temporary rate waivers or other promotions or offer individual contracts."
Section 3. REPEAL.--Section 63-9A-8 NMSA 1978 (being Laws 1985, Chapter 242, Section 8, as amended) is repealed.
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