N.M. Admin. Code § 17.11.23.9 - TARIFFS, PRICE LISTS AND NOTICE
A. Tariffs. A mid-size carrier shall maintain
a tariff on file with the commission that contains the price ceiling and
effective price by service area for each basic service, non-basic service,
package and bundle offered by the mid-size carrier.
B. Changes to Terms and Conditions. A
mid-size carrier may propose non-price related changes to terms and conditions
in its tariffs by filing commission notice and tariff sheets reflecting the
modified terms and conditions. Subject to commission suspension under
17.11.23.10 NMAC, the modified
terms and conditions of such non-price related changes shall become effective
ten days after a mid-size carrier files such commission notice and tariff
sheets.
C. Notice of Price Ceiling
Changes and Effective Price Changes.
(1)
Notice. Subject to commission suspension under
17.11.23.10 NMAC, a mid-size
carrier may change the effective price or the price ceiling of a basic service,
non-basic service, package or bundle by providing notice as provided in this
subsection.
(2) Notice of changes
in price ceilings. No less than ten days prior to the effective date of an
increase in a price ceiling, the mid-size carrier shall provide notice to the
commission and to the New Mexico Attorney General and shall cause notice of the
increase to be published in a newspaper with statewide circulation. For
decreases to price ceilings, commission notice shall be made no less than one
day prior to the effective date of the new price ceiling. No customer notice of
decreases in price ceilings is required.
(3) Notice of changes in effective prices.
Commission notice of increases in effective price shall be made not less than
ten days prior to the effective date of the new price. Commission notice of
decreases in effective price shall be made no less than one day prior to the
effective date of the new price. Consumer notice of effective price increases
shall be made not less than ten days or more than seventy-five days prior to
the effective date of the new price. No consumer notice of decreases in
effective prices is required.
(4)
Website posting of changes in effective price. Each change in effective price
shall be reflected on a mid-size carrier's website on or before the date the
change becomes effective.
(5)
Affidavit Required. Any tariffed change in the effective price or the price
ceiling of a basic service, non-basic service, package or bundle must be
accompanied by an affidavit, signed by a person with personal knowledge,
stating that the effective price is above or equal to the price floor for the
service.
(6) Cost Studies. Upon
request of the commission or commission staff, a mid-size carrier shall produce
a cost study demonstrating how the mid-size carrier calculated the cost of a
service.
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