N.M. Admin. Code § 17.11.13.21 - REGULATION OF INDIVIDUAL CONTRACTS
A. In accordance with the provisions of this
section, the Commission may regulate the rates, charges, and service conditions
for individual contracts for public telecommunications services in a manner
which facilitates competition.
B.
At any time, the provider of public telecommunications service may file a
verified application with the Commission to provide a public telecommunications
service or a combination of services on an individual contract basis. The
application shall:
(1) Describe the
telecommunications services to be offered.
(2) Describe the party to be served by the
service(s) and the parties offering the service(s).
(3) If the individual contract would be for
the provision of a combination of services, the application shall identify such
services as have been determined to be competitive by the Commission pursuant
to a Petition for Determination and which services the applicant offers as
non-competitive and the price therefore which has been set by the
Commission.
(4) Contain such
additional information as shall be reasonably related to the determination of
the existence of competition for the service or services that are the subject
of the individual contract.
(5)
Contain such additional information as shall reasonably reflect that the
applicant's proposal to provide the services meets the minimum price authorized
by the Commission for the competitive services and the price set forth in
tariffs approved by the Commission for the non-competitive services.
(6) Contain any additional information which
demonstrates that the individual contract will meet or exceed the cost of the
applicant in providing the services thereunder.
C. The Commission shall approve or deny the
application within ten days of the filing or such longer period as the
Commission shall order. The Commission may deny the application upon a finding
that the application fails to set forth prescribed information, that the
subject matter or comparable services are not being offered to customers by
parties other than the applicant, or that applicant's proposal to provide
service does not meet the applicant's cost of providing the service.
D. After Commission approval of the
application, the provider shall file with the Commission the final contract or
other evidence of the service to be provided within ten days after the
conclusion of negotiations therefore, together with the charges and other
conditions of the service which shall be maintained by the Commission as
confidential subject to an appropriate protective order.
Notes
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