N.M. Admin. Code § 17.11.10.27 - USE OF FUND SUPPORT
A. An
ETC shall use fund support in a manner consistent with the rural
telecommunications act, Sections
63-9H-1 NMSA 1978 et
seq, Section 254 of the federal telecommunications act (47 U.S.C.
254), and commission rules and orders. Fund
support must be used to maintain and support universal service; provided,
however, that each ETC receiving support pursuant to
17.11.10.19 or
17.11.10.25 NMAC must expend no
less than sixty percent of the support it receives to deploy and maintain
broadband internet access services in rural areas of the state, Subsection F of
Section 63-9H-6 NMSA 1978.
B. If the commission finds, in a proceeding
on its own motion or on the motion of the administrator or an interested party,
that an ETC has used fund support for purposes other than to preserve and
advance universal service or that the ETC has failed to satisfy the sixty
percent minimum expenditure requirement referenced in Subsection A of
17.11.10.27 NMAC, the commission
may impose an appropriate administrative remedy, which may include, but need
not be limited to, ordering the ETC to refund amounts paid to it from the fund
and withholding future payments.
Notes
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