Current through Register Vol. 35, No. 18, September 24, 2024
A. Unbundling of ILEC networks.
(1) At a minimum, ILECs shall unbundle their
networks to the extent required by the federal communications commission
("FCC") in
47
C.F.R. Sections 51.307 through
51.321.
Nothing in this rule precludes the commission from requiring ILECs to undertake
further unbundling of their networks, including further unbundling of network
elements pursuant to 17.11.18.8 NMAC through 17.11.18.13 NMAC.
(2) Rates for UNEs shall be based on the
ILEC's forward-looking economic costs, calculated as prescribed in 17.11.18.15
NMAC.
B. Collocation.
ILECs shall provide for the collocation of equipment necessary for
interconnection or access to the ILEC's UNEs, in accordance with
47
C.F.R. Section 51.323 and the requirements of
this rule. An ILEC shall offer collocation pursuant to rates, terms and
conditions that are just, reasonable, and nondiscriminatory. A LEC may request
either physical collocation or virtual collocation from an ILEC, and the ILEC
shall provide the requested form of collocation, except that the ILEC may
provide virtual collocation if the commission determines that physical
collocation is not practical for technical reasons or because of space
limitations.
C. Exemptions for
certain rural ILECs. An ILEC that qualifies as a rural LEC shall be exempt from
the requirements of
47 U.S.C. Section
251(c) and this section
until it has received a request for interconnection or purchase of a
UNE.
D. Procedure for termination
of exemption of certain rural ILECs.
(1) A
party requesting interconnection or purchase of a UNE from a rural ILEC shall
submit a copy of its request to the commission.
(2) The commission shall conduct a hearing
for the purpose of determining whether to terminate the rural ILEC's
exemption.
(3) In evaluating the
request for interconnection or purchase of a UNE, the commission shall consider
whether:
(a) the request is technically
feasible; in making this determination, the commission may consider evidence
brought by the requesting party concerning the provision of interconnection
arrangements and UNEs by similarly situated rural ILECs in New Mexico or other
states;
(b) the request is unduly
economically burdensome to the rural ILEC or its customers; in making this
determination, the commission may require the rural ILEC to provide an estimate
of the costs of complying with the request and information on its costs and
revenues beyond that included in the company's periodic reports to the
commission;
(c) granting the
request would be consistent with the objectives of universal service and the
specific requirements of
47 U.S.C. Section
254 (exclusive of subsections (b)(7) and
(c)(1)(D)); in making this determination, the commission may consider the
potential benefits to end users from the provision of competitive services in
the rural ILEC's service territory, as well as the potential impact of granting
the request on the rural ILEC.
(4) The commission shall issue a final ruling
on the request within one hundred twenty (120) days of receipt of the
request.
(5) If the commission
terminates a rural ILEC's exemption, it shall establish a schedule for
implementing the request for interconnection or purchase of a UNE.
