44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999
RELATING TO TELECOMMUNICATIONS; LIMITING CERTAIN CELLULAR TELEPHONE CHARGES; AMENDING A SECTION OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 63-9B-4 NMSA 1978 (being Laws 1987, Chapter 296, Section 4) is amended to read:
"63-9B-4. OPERATION, REGULATION AND TARIFFS.--
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 providing cellular services in the certificated service
territory of a telecommunications company having an exclusive
right to provide local exchange service.
B. If the commission finds after holding hearings
requested by any interested party or by its own motion that
more than one cellular service company licensed by the federal
communications commission is operating in all or part of a
certificated area, [then] the commission may determine that
competition in cellular telephone services exists in such
area.
C. When the commission has made a determination
that cellular telephone services are subject to competition,
the commission shall, consistent with the purposes of the
Cellular Telephone Services Act, modify, reduce or eliminate
rules [regulations] and other requirements applicable to the
provision for such service, including the fixing and
determining of specific rates, tariffs or fares for the
service. The commission's action may include the detariffing
of service or the establishment of minimum rates which will
cover the costs for the service.
D. A cellular service company shall, after the first minute of service provided on a cellular telephone call, assess the rates in increments of one-tenth of a minute. Charges shall be rounded to the next higher tenth of a minute as needed."