N.M. Admin. Code § 17.11.28.14 - INMATE CALLING SERVICE RATES, FEES AND CHARGES
A. All ICSPs must file tariffs with the
commission which set forth the services provided along with any rates, fees, or
charges for those services and list each correctional institution to which
those rates, fees, or charges apply. Tariffs shall also identify the billing
and collection methods utilized by the ICSP such as collect calling, debit
calling, prepaid calling or prepaid collect calling. No tariff or proposed
tariff shall contain misleading, potentially misleading, deceptive, or
fraudulent names, rates, fees, charges, terms or conditions.
B. Rate caps shall be determined periodically
by the commission on its own motion following notice and a public hearing, but
no more frequently than once every three years, with one exception: if the
federal communications commission issues an order revising any of its rate caps
applying to interstate inmate calling services, the commission may conduct a
review of the rate caps adopted in this rule, following notice and a public
hearing, within less than three years of its last rate caps review. In the
absence of a hearing by the commission, the rate caps previously established
will remain in effect.
C. Any
changes in ICSP rates, fees or charges and any cessation or commencement of an
inmate calling service at a particular correctional institution resulting from
a new, renewed, or Adopted contract between an ICSP and the correctional
institution must be reflected in a proposed tariff amendment filed no later
than 90 days after the final award of the contract to the ICSP or after any
agreement to change the rates, fees or charges is reflected in a renewed or
Adopted contract.
(1) The ICSP shall file with
the commission an original and five copies of the proposed tariff changes
within the time frame provided for in this rule, or in the alternative, file
the proposed tariff in accordance with any electronic filing policy adopted by
the commission modifying that requirement. The ICSP shall include in its filing
a sequentially numbered transmittal letter, (e.g., 2010-1,
2010-2, etc.) containing a description of the proposed tariff changes. The
proposed tariff shall be served on the attorney general and all interested
persons requesting service of such changes in a docket established by the
commission for such filings. The proposed tariff change shall comply with all
applicable commission rules. The proposed tariff changes may go into effect 15
business days after the tariff filing unless staff, attorney general or an
interested person, notifies the ICSP within said 15 business days of its
concerns regarding the proposed tariff changes. If staff and the ICSP are able
to resolve the stated concerns within 15 business days after the tariff filing,
the proposed tariff changes may go into effect and no public hearing shall be
required.
(2) If the interested
person, attorney general, staff, and the ICSP are unable to resolve the
concerns, staff shall file a protest with the records management bureau of the
administrative services division, and promptly send a copy to the ICSP and the
proposed tariff change shall not go into effect. The records management bureau
shall assign a docket number to the protest. The protest shall include a case
caption and a heading that states "protest". The protest shall include as an
attachment the proposed tariff changes filed by the ICSP and any additional
information furnished to the interested person, attorney general, and staff by
the ICSP. The applicant shall have the burden of showing, after notice and
hearing, why the proposed new service, promotion, or tariff change is in the
public interest.
(3) On the same
day it files the proposed tariff changes with the commission, the ICSP shall
also submit an electronic copy of the transmittal letter containing the
identity of the telecommunications company, a summary of the proposed new
service, promotion or tariff change, and its effective date. The commission may
prescribe additional form, content, manner of filing, or other requirements.
The foregoing shall be served on the staff, attorney general, and all
interested persons requesting service of such filings.
(4) The ICSP shall provide notice of a rate
change to incarcerated persons and consumers by promptly providing signage with
the new rates for the correctional institution in the manner described in
Subsection B of
17.11.28.11 NMAC, and via
telephone free of charge each time a funding transaction related to a prepaid
account takes place.
D.
Any other changes in ICSP rates, fees, charges, or type of service, and any
addition of a new service must be reflected in a proposed tariff amendment. No
such change may be effectuated by the ICSP prior to commission approval of the
tariff amendment.
(1) The ICSP shall file
with the commission an original and five copies of the proposed tariff changes
within the time frame provided for in this rule, or in the alternative file the
proposed tariff in accordance with any electronic filing policy adopted by the
commission modifying that requirement. The ICSP shall include in its filing a
sequentially numbered transmittal letter, (e.g., 2010-1,
2010-2, etc.) containing a description of the proposed tariff changes. The
proposed tariff shall be served on the attorney general and all interested
persons requesting service of such changes in a docket established by the
commission for such filings. The proposed tariff change shall comply with all
applicable commission rules. The proposed tariff changes may go into effect 15
business days after the tariff filing unless staff, the attorney general, or an
interested person notifies the ICSP within said 15 business days of its
concerns regarding the proposed tariff changes. If the interested persons, the
attorney general, staff, and the ICSP are able to resolve the concerns within
15 business days after the tariff filing, the proposed tariff changes may go
into effect and no public hearing shall be required.
(2) If staff, the attorney general, the
interested person, and the ICSP are unable to resolve the concerns, staff, the
attorney general, or any interested person may file a protest with the records
management bureau of the administrative services division, and promptly send a
copy to the ICSP and the proposed tariff change shall not go into effect. The
records management bureau shall assign a docket number to protest. The protest
shall include a case caption and a heading that states "protest". The protest
shall include as an attachment the proposed tariff changes filed by the ICSP
and any additional information furnished to staff, the attorney general and all
interested persons, by the ICSP. The applicant shall have the burden of
showing, after notice and hearing, why the proposed new service, promotion, or
tariff change is in the public interest.
(3) On the same day it files the proposed
tariff changes with the commission, the ICSP shall also submit an electronic
copy of the transmittal letter containing the identity of the
telecommunications company, a summary of the proposed new service, promotion or
tariff change, and its effective date. The commission may prescribe additional
form, content, manner of filing, or other requirements. The foregoing shall be
served on staff, attorney general, and all interested persons requesting
service of such filings.
(4) The
ICSP shall provide notice of a rate change to incarcerated persons and
consumers by promptly providing signage with the new rates for the correctional
institution in the manner described in Subsection B of
17.11.28.11 NMAC, and via
telephone free of charge each time a funding transaction related to a prepaid
account takes place.
E.
Every institutional phone in New Mexico shall provide access to the services
listed below without the use of coins or cards of any type, and without any
charge to the consumer:
(1) any call to
obtain a refund;
(2) access to
automated operator services necessary to establish a call.
F. An ICSP may not bill any rate, fee, or
ancillary service charge that is not part of its tariff.
G. An ICSP may not bill or charge any ancillary
service charge in connection with the establishment of, funding to, or
refunding from an account in the consumer's name used for the prepayment of
inmate calling service that has not been previously approved for that purpose
by the commission.
H. An ICSP may
assess ancillary service charges that are included in the ICSP's filed tariffs
subject to rate caps and prohibitions stated herein.
I. Effective dates: The rate caps and
prohibitions established pursuant to this rule:
(1) apply to prisons 30 days from the
effective date of this rule;
(2)
apply to jails with a ADP of 150 or greater 60 days from the effective date of
this rule;
(3) apply to and jails
with an ADP of 25 to 149 90 days from the effective date of this rule;
and
(4) apply to jails with an ADP
of 0 to 25 150 days from the effective date of this rule.
Notes
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