N.M. Admin. Code § 17.11.18.18 - SUBMITTAL OF AGREEMENTS TO THE COMMISSION
A. Within sixty days of the execution of a
negotiated agreement, the negotiating parties shall submit the agreement to the
commission for approval.
B. A
carrier submitting a negotiated interconnection agreement (or amendment to a
negotiated agreement) to the commission pursuant to
47
U.S.C. Section 252(e) shall
submit the original and two copies of the agreement accompanied by an original
and two copies of an advice notice on the form prescribed by the commission in
17.11.18.24 NMAC or a
substantially similar form. Each carrier shall sequentially number advice
notices filed during each calendar year. A carrier may submit more than one
agreement or amendment under a single advice notice provided that all
agreements and amendments so submitted involve the same parties and are filed
simultaneously.
C. The submitting
carrier shall serve copies of the advice notice on the New Mexico Attorney
General and shall, within five business days after filing, either:
(1) publish the advice notice once in a
newspaper of general circulation in the State of New Mexico; or
(2) post and maintain the advice notice to
the carrier's internet website until thirty (30) days after the subject
agreement is approved or deemed approved, in which case the advice notice shall
also provide the website address.
D. Within thirty (30) days after the date the
advice notice is filed, any person, including the commission's
telecommunications bureau staff, believing that the commission should reject an
agreement filed in accordance with these procedures, or any portion thereof,
may file an original and two copies of a request for rejection of the agreement
or portion thereof with the Commission's Utility Division, Marian Hall, 224
East Palace Avenue, Santa Fe, New Mexico 87501. A request for rejection must
state with particularity the basis for rejecting the agreement or portion
thereof pursuant to
47
U.S.C. Section 252, including any violations
of the standards set out in
47
U.S.C. Section 252(e)(2)(A).
When it is filed with the commission, a request for rejection must be served on
the contracting parties at their addresses listed in the advice notice and the
New Mexico Attorney General by the person making the request. Within thirteen
(13) days after the request is filed, the parties to the agreement or any other
interested person may file a reply to the request.
E. Upon receipt of a request for rejection,
the matter will be automatically assigned a case number and assigned on a
rotating basis to a hearing examiner employed by the commission who shall
preside over the proceedings and take all actions necessary and convenient
thereto within the limits of the hearing examiner's authority unless otherwise
ordered by the commission. The hearing examiner shall then determine whether a
hearing should be held.
F. Unless
the commission acts to approve or reject an agreement, an agreement submitted
pursuant to this section shall be deemed approved pursuant to
47
U.S.C. Section 252(e)(4)
ninety days (90) after submission.
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