New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 11 - TELECOMMUNICATIONS
Part 16 - CONSUMER PROTECTION
Section 17.11.16.24 - CRITERIA FOR ESTABLISHING THE NEED FOR AND AMOUNT OF A DEPOSIT
Current through Register Vol. 35, No. 18, September 24, 2024
A. A LEC shall use the criteria in this subsection to determine whether to require a deposit or other guarantee of payment as a condition of new or continued service.
B. The commission may authorize a LEC to waive deposit requirements for low-income customers eligible for tariffed discount programs.
C. A carrier shall not require a deposit of a customer that exceeds three (3) times the average monthly bill for telecommunications services provided by that carrier for the same class of customers; wireless carriers may instead use three (3) times the monthly plan fee for wireless services for that customer. An estimate of monthly billing may be used for the purpose of determining a deposit if the carrier can reasonably demonstrate that the customer's usage may be substantially different than the average usage for the same class of service or the monthly plan fee.
D. A carrier may adjust the amount of deposit at the request of the customer or at the carrier's initiative at any time the character, purpose, or degree of the customer's use of the service has materially changed, or there are indications it will change.
E. A LEC may require a deposit in addition to any advance, contribution, or guarantee it may require in connection with the construction of lines or facilities, as provided in the line extension policy of the LEC's tariffs on file with the commission.
F. If a customer files a complaint regarding a proposed discontinuance of service, the commission may, upon motion by the carrier, require the customer to deposit cash or post bond with the carrier, in an amount deemed reasonable by the commission, pending resolution of the disputed proposed discontinuance.