Current through Register Vol. 35, No. 18, September 24, 2024
A. Any
person, corporation, municipal corporation, partnership or association
proposing to construct or operate any plant or equipment for the provision of
public telecommunications service shall first make application to the
Commission for a certificate to construct or operate such plant or equipment.
Such application shall conform to the Commission's Rules of Procedure relating
to pleadings then in effect and shall contain a verified statement reflecting
how the public convenience and necessity requires the plant, equipment and
service or services applied for.
B.
The application for a certificate shall contain sufficient information to
demonstrate that,
(1) it is economically
feasible to operate the proposed plant or equipment successfully and
continuously for the furnishing of public telecommunications service;
(2) the applicant has sufficient financial
resources to provide the proposed public telecommunications service properly
and continuously;
(3) the applicant
has competent and experienced management and personnel to provide the proposed
public telecommunications service;
(4) the applicant is willing and able to
conform to the constitution and laws of the State of New Mexico and to the
rules and regulations of the Commission; and
(5) the applicant is in every respect willing
and able to provide public telecommunications service properly and
continuously.
C. The
application for a certificate shall include:
(1) a precise description of the exact and
particular public telecommunications service or services the applicant proposes
to provide;
(2) a precise
description of the geographical area that the applicant proposes to service and
obtain a certificate for together with an accurate map thereof;
(3) the names of all entities certificated by
the Commission to provide public telecommunications service of a similar nature
or functional equivalent of that applied for within the geographical area that
the applicant proposes to serve; and
(4) if applicable, the manner in which the
issuance of the certificate applied for will promote competition in the
provision of public telecommunications service within the geographical area for
which the proposed service or services are to be provided;
(5) proposed tariffs containing the rates and
ratemaking methodology to be used in providing the proposed service.
