N.M. Admin. Code § 17.11.28.15 - RESPONSIBILITIES OF THE INMATE CALLING SERVICE PROVIDER

A. An ICSP shall not contract for any intrastate operator services or interexchange services with any entity that is out of compliance with the applicable certification requirements of the commission.

B. The ICSP shall be responsible for all public access line charges associated with the provision of inmate calling service.

C. The ICSP shall be responsible for paying all required regulatory fees to the commission.

D. Subject to compliance with any access requirements of the correctional institution, ICSPs will make available to the commission, subject to notice and coordination, any institutional phone for purposes of making test calls, free of charge, to telephone numbers of the commission's choosing.

E. All institutional phones and the telecommunications facilities used for the transmission of service are subject to periodic inspections to ensure compliance with commission requirements. Findings of non-compliance will be brought to the attention of the ICSP and the correctional institution by letter and the ICSP will have 30 days to restore compliance with commission requirements.

F. The ICSP shall be responsible for repairing, servicing and maintaining in good repair the institutional phones through which it provides service.

G. All institutional phones installed in New Mexico shall comply with state and local laws, commission rules, current national electrical code and national electrical safety code requirements, and the generally accepted telecommunications industry technical standards.

H. All calls initiated from an institutional phone will be outbound calls that are either collect calling, debit calling, prepaid calling or prepaid collect calling.

I. An ICSP shall provide a means for an incarcerated person who has not had an opportunity to arrange for prepaid calling services to make an outgoing collect call.

J. The minimum allowance for the duration of a call initiated from an institutional phone shall be determined by the correctional institution.

K. No more than three institutional phones will share a common voice-grade (non-broadband) access line or channel, unless otherwise specifically authorized by the commission.

L. Institutional phones operating in New Mexico must comply with all applicable federal, state and local laws regarding accessibility by hearing impaired or physically disabled persons.

M. All ICSPs must provide intrastate service at each correctional institution they serve.

N. Inmate calling service transmission quality shall be at least equivalent to generally accepted industry standards for wireline, voice-grade circuits, except that ICSPs will not be held responsible for calls terminating to cordless landlines, cell phones, or other non-traditional landline devices. There will be no transmission delay, feedback, excessive noise, or echo perceptible to either the incarcerated person or the called party. The commission will make the final determination as to the acceptable level of transmission service quality.

Notes

N.M. Admin. Code § 17.11.28.15

17.11.28.15 NMAC - N, 08-15-13, Adopted by New Mexico Register, Volume XXXIV, Issue 21, November 7, 2023, eff. 11/7/2023