N.M. Admin. Code § 17.11.16.32 - EXEMPTION OR VARIANCE
A. Any
carrier may petition for an exemption or variance from any of the requirements
of this rule. Such petition shall:
(1)
identify the section of this rule for which the exemption or variance is
requested;
(2) describe the
situation which necessitates the exemption or variance;
(3) describe the effect of complying with
this rule on the carrier and its customers, and on its competitive affiliates
and their customers, if the exemption or variance is not granted;
(4) state how the exemption or variance will
achieve the purposes of this rule and the New Mexico Telecommunications
Act;
(5) state why the proposed
alternative is in the public interest and is better than the requirement in the
rule; and
(6) state why the
exemption or variance would have no anticompetitive effect.
B. Such petition may include a
motion that the commission stay the affected portion of this rule for the
transaction specified in the motion.
C. Petitions for an exemption or a variance
and motions for a stay must be supported by an affidavit signed by an officer
of the carrier or other person with authority to bind the carrier.
D. The commission may, at its discretion,
require an informal conference or formal evidentiary hearing prior to making
its determination.
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