New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 11 - TELECOMMUNICATIONS
Part 16 - CONSUMER PROTECTION
Section 17.11.16.25 - LIMITATIONS ON THE USE OF DEPOSITS

A. The making of a deposit shall not relieve any customer of the obligation to pay current bills when due. A carrier may require a deposit for services provided by another carrier only if the carrier is the billing agent for that carrier. The carrier shall not apply deposits for services provided by the carrier to an account for services provided by another carrier, even if the carrier is the billing agent for the other carrier. A LEC shall not require a deposit for, or refuse to connect, basic local exchange service because of a customer's indebtedness for toll or discretionary services.

B. A carrier shall not require any security for payment of intrastate or wireless services other than a cash deposit or a third-party guarantee. In no event shall any indebtedness related to the furnishing of intrastate or wireless services or the extension of facilities result in a lien, mortgage or other security interest in any real or personal property of the customer, unless the indebtedness has been reduced to a judgment by a court of law.

C. If requested by the customer that has made the deposit, a carrier may, in its discretion, transfer a deposit to another customer.