N.M. Admin. Code § 17.11.8.7 - DEFINITIONS

As used in this rule:

A. "Authorization" means a letter of agency or oral agreement which meets the requirements of these rules;

B. "Billing agent" means any local exchange company or any person that submits bills for telecommunications charges or telecommunications services to a customer;

C. "Billing aggregator" means a person that bills customers for goods or services provided by others and that uses a local exchange company as a billing agent;

D. "Clear and conspicuous" when used in regard to notification or language means notice that would be reasonably apparent to an average customer or language that would be reasonably understandable to an average customer, provided that this definition shall not be construed to assume that an average" customer will have any degree of expertise or sophistication regarding telecommunications services or charges;

E. "Commission or NMPRC" means the New Mexico Public Regulation Commission;

F. "Cramming" means:

(1) charging a customer for telecommunications services that were not authorized by the customer;

(2) charging a customer for goods or services on a customer's telephone bill that are not telecommunications services; or

(3) using a sweepstakes, contest or drawing entry form as authorization to change or add telecommunications services to a customer's telephone bill;

G. "Customer" means the individual whose name appears on the telephone bill, the individual responsible for payment of the telephone bill, or a household member or other individual previously designated in writing by the individual responsible for payment of the telephone bill as being authorized to make decisions concerning telecommunications charges or changes in provider. In the case of a corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or any legal or commercial entity, customer means the individual previously designated in writing by the organization, corporation or other entity as responsible for payment of the telephone bill, or other decisions about telecommunications charges or changes in telecommunications service providers. No authorization designations allowed under this definition shall be effective unless contained in the account records of the local exchange company as of the date any charge or change in provider is made;

H. "Local exchange company" means a provider that provides local exchange services;

I. "Local exchange services" means the transmission of two-way interactive communications within a local exchange area described in maps, tariffs or rate schedules filed with the commission where local exchange rates apply;

J. "New provider" is any provider, including a reseller of long distance services, that did not bill for services on the customer's last previous telephone billing statement;

K. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or any legal or commercial entity;

L. "Provider" means a local exchange company, telephone company, transmission company, telecommunications common carrier, telecommunications company, cellular or other wireless telecommunications service company, cable television service, telecommunications reseller, billing aggregator or other person that bills directly or has a billing contract with a local exchange company;

M. "Seller" means a provider or other person that sells telecommunications services;

N. "Slamming" means:

(1) changing a customer's telecommunications service provider without the customer's authorization; or

(2) using a sweepstakes, contest or drawing entry form as authorization to change a customer's telecommunications service provider;

O. "Telecommunications service" means the transmission of signs, signals, writings, images, sounds, messages, data or other information of any nature by wire, radio, lightwaves or other electromagnetic means or goods and services related to the transmission of information that are provided by the provider; provided that a good or service that does not meet the definition of telecommunications service" does not become a telecommunications service merely because it is bundled with a telecommunications service for marketing or billing purposes.

Notes

N.M. Admin. Code § 17.11.8.7

7-1-99, 7-6-99; Recompiled 12/31/01