N.M. Admin. Code § 17.11.13.16 - MANNER OF REGULATION-COMPETITIVE SERVICES

A. Commission regulation of a public telecommunications service that is subject to competition shall be obtained through the filing of a "Petition for Determination" by any interested party or entity including the Commission's staff.

B. A petition for determination (hereafter sometimes referred to as "petition") shall contain at least the following information:

(1) relevant facts regarding the nature of the public telecommunications service or services for which a determination is sought including the names of competitor(s) by location providing or ready and willing to provide the same or similar service or services or a functionally equivalent alternative or substitute service within the same market area which meets the same general customer needs within that area;

(2) the minimum rate or charge proposed to be charged for the service that is the subject of the petition or the proposed range of charges for such service or services;

(3) a cost study demonstrating that the minimum rate proposed to be charged for the service that is the subject of the petition is not less than the true cost of providing such service;

(4) a full and adequate description of the market area for which the proposed minimum rate or range of rates is to apply;

(5) the type of customer affected by the competitive service together with an estimate of the number of customers so affected;

(6) if an applicant provides regulated telecommunications services in New Mexico, the applicant shall specify the loss, if any, in net contribution expected, due to competition in the competitive service and how the applicant proposes to adjust rates in their non-competitive services, to compensate for the loss of contribution.

C. Notice by publication of the filing of a petition shall be given to concerned parties in the form directed by the Commission and such notice shall be further served on such persons and entities by the petitioner as directed by the Commission.

D. Unless otherwise ordered by the Commission, a petition will be treated as a rate filing request pursuant to Article XI of the New Mexico Constitution.

E. Except as provided in the regulations or the Commission, the Commission's Rules of Procedure shall apply to all proceedings instituted pursuant to a petition.

F. The burden of establishing that a service is subject to competition and that it is in the best public interest for the Commission to establish a minimum rate or range or rates shall rest with the petitioner.

G. In ruling on a petition, the Commission will determine, based on the evidence presented, if it is in the public interest to establish a minimum rate or range of rates for a particular service. The Commission may attach such terms and conditions on the provision of a service by a minimum rate or range of rates as the Commission determines to be in the public interest.

Notes

N.M. Admin. Code § 17.11.13.16

Recompiled 12/30/01