N.M. Admin. Code § 17.11.10.24 - PETITIONS FOR ETC DESIGNATION AND AMOUNT OF SUPPORT
A. Any entity seeking designation as a state
or federal ETC must file a petition with the commission.
In the case of a petition for ETC designation, for state or federal universal service fund the petition shall:
(1) include a description of the proposed
service area for which it seeks designation that is consistent with the federal
requirements relating to service areas set forth in
47 CFR
54.207;
(2) demonstrate that the entity meets the
requirements in Section 214(e) of the federal act (47 U.S.C. Section
214(e)) to be designated as
a federal ETC;
(3) for federal USF
support, demonstrate how the applicant meets the requirements of
47 CFR
54.101 through
54.203;
(4) demonstrate that the proposed designation
is in the public interest;
(5)
demonstrate that the proposed ETC is financially and technically competent to
provide the supported services for federal or state support;
(6) demonstrate the petitioner's ability to
remain functional in emergency situations;
(7) demonstrate that the petitioner will
satisfy applicable consumer protection and service quality standards;
(8) demonstrate that granting ETC status to
the petitioner in the designated area is likely to result in more customer
choice;
(9) address the impact of
designation of the petitioner on the size of the state fund or federal
USF;
(10) address the unique
advantages and disadvantages of the petitioner's service offering;
(11) demonstrate the petitioner's willingness
and ability to offer service throughout the designated service area within a
reasonable time frame, or time frame required by state or federal law;
and
(12) provide such other
information as the commission or the administrator may find
appropriate.
B. A
petition by an ETC for an amount of support shall demonstrate that granting the
proposed support is in the public interest and, where required, shall include
the information required by
17.11.10.25 NMAC.
C. Consideration of the public interest will
apply in all ETC designation proceedings. The commission is not required to
designate additional ETCs in any service area, if not in the public
interest.
D. The commission shall,
after such notice and hearing as the commission shall prescribe, enter its
written order approving or denying a company's petition. An order approving a
petition for ETC designation shall specify the service area for which
designation is made and an order approving a petition for an amount of support
shall state the amount and type of approved state or federal fund
support.
E. The commission may
approve a petition for designation as a federal ETC in conjunction with a
petition for designation as a state ETC.
F. The commission shall require annual
verification from each ETC that it continues to meet the requirements herein
for designation as an ETC and for provision of support from the state fund or
federal USF.
Notes
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