N.M. Admin. Code § 17.11.19.17 - CONTRACT FILING REQUIREMENTS
A. A CLEC that offers intrastate
telecommunications services under contract shall file a notice of contract with
the Commission within ten (10) calendar days of concluding contract
negotiations. The notice shall include:
(1)
the name of the CLEC offering the service;
(2) the name and address of the
customer;
(3) a summary of the
contract containing a description of the services to be offered and the prices,
terms and conditions for the offered services; and
(4) a statement confirming that the prices to
be charged for the regulated telecommunications services cover the
Commission-defined cost of providing the service and represent a competitive
offer.
B. A CLEC may
file standard contract forms with the Commission and may thereafter reference a
standard form in its notice of contract in lieu of providing a contract
summary.
C. A CLEC may note in a
notice of contract a customer's request for confidentiality of the customer's
name and address.
D. Any carrier or
other interested person may, within ten (10) business days of the date the
notice of contract is filed, petition the Commission for access to any notice
of contract. The Commission shall grant access, subject to any protective
orders and to a customer's request for confidentiality of its name and
address.
E. A contract shall be
deemed effective ten (10) business days after the notice of contract is filed
unless expressly suspended by order of the Commission for good cause. If the
Commission suspends the contract, the Commission shall issue its final order on
the merits of any disputed matter within sixty (60) days of the initial filing
of the notice of contract.
F. The
Commission may disapprove a contract based on the notice of contract:
(1) for failure of the CLEC to show that the
prices to be charged for the regulated telecommunications service cover the
Commission-defined cost of providing the service, including the imputed price
of wholesale service elements if required by the Commission;
(2) for failure to show a competitive offer,
consistent with NMSA 1978 Section
63-9A-9; or
(3) upon a showing that the contract is
otherwise unlawful.
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