N.M. Admin. Code § 17.11.17.15 - EXEMPTION OR VARIANCE
A.
General requirements.
(1) An
ILEC may petition for an exemption or a variance from any of the requirements
of this rule.
(2) Such petition may
include a motion that the Commission stay the affected portion of this rule for
the transaction specified in the motion.
(3) Petitions for an exemption or a variance
and motions for a stay must be supported by an affidavit signed by an officer
of the ILEC or someone with authority to sign for the ILEC.
(4) The Commission may, at its discretion,
require an informal conference or formal evidentiary hearing prior to making
its determination.
B.
Contents of the petition. A petition for an exemption or variance
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 ILEC and its customers,
and on its competitive affiliates and their customers, if the exemption or
variance is not granted;
(4)
describe the result the request will have if granted;
(5) state how the exemption or variance will
achieve the purposes of this rule and the New Mexico Telecommunications
Act;
(6) state why the proposed
alternative is in the public interest and is a better alternative than that
provided by this rule; and
(7)
state why the exemption or variance would have no anticompetitive
effect.
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