New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 11 - TELECOMMUNICATIONS
Part 13 - COMPETITIVE TELECOMMUNICATIONS SERVICES
Section 17.11.13.16 - MANNER OF REGULATION-COMPETITIVE SERVICES
Current through Register Vol. 35, No. 18, September 24, 2024
A. Commission regulation of a public telecommunications service that is subject to competition shall be obtained through the filing of a "Petition for Determination" by any interested party or entity including the Commission's staff.
B. A petition for determination (hereafter sometimes referred to as "petition") shall contain at least the following information:
C. Notice by publication of the filing of a petition shall be given to concerned parties in the form directed by the Commission and such notice shall be further served on such persons and entities by the petitioner as directed by the Commission.
D. Unless otherwise ordered by the Commission, a petition will be treated as a rate filing request pursuant to Article XI of the New Mexico Constitution.
E. Except as provided in the regulations or the Commission, the Commission's Rules of Procedure shall apply to all proceedings instituted pursuant to a petition.
F. The burden of establishing that a service is subject to competition and that it is in the best public interest for the Commission to establish a minimum rate or range or rates shall rest with the petitioner.
G. In ruling on a petition, the Commission will determine, based on the evidence presented, if it is in the public interest to establish a minimum rate or range of rates for a particular service. The Commission may attach such terms and conditions on the provision of a service by a minimum rate or range of rates as the Commission determines to be in the public interest.