New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 11 - TELECOMMUNICATIONS
Part 2 - ADMINISTRATIVE FINES FOR TELECOMMUNICATIONS PROVIDERS
Section 17.11.2.7 - DEFINITIONS
Universal Citation: 17 NM Admin Code 17.11.2.7
Current through Register Vol. 35, No. 18, September 24, 2024
A. For purposes of proceedings to impose administrative fines, and as used in this rule, the following terms have the meanings given in the cited section of the New Mexico Statutes Annotated 1978:
(1) Commission,
Section 63-7-23(A)(1) NMSA 1978.
(2) Telecommunications provider, Section
63-7-23(A)(2) NMSA 1978.
B. For purposes of proceedings to impose administrative fines, and as used in this rule, the following terms have the meanings given here:
(1)
aggravating
circumstances means any circumstance attending a violation of any
applicable law or rule or order of the Commission by a telecommunications
provider which adds to its injurious consequences.
(2)
aggrieved by an order means
the order directly results in the denial of some personal or property right, or
imposes a burden or obligation upon a telecommunications provider or other
person.
(3)
Commission's
Rules of Procedure means the Rules of Procedure of the New Mexico State
Corporation Commission which became effective November 14, 1985.
(4)
fraudulently concealed
means the employment of artifice planned to prevent inquiry or escape
investigation or to mislead or hinder the acquisition of information that could
lead to possible action under Section
63-7-23
NMSA 1978 or this rule.
(5)
mitigating circumstances means any circumstance attending a violation of
any applicable law or rule or order of the Commission by a telecommunications
provider which reduces or partially extinguishes its injurious
consequences.
(6)
preponderance of the evidence means proof by the greater weight of
evidence, establishing that which is sought to be proved is more probably true
than not true.
(7)
proceedings to impose an administrative fine means a proceeding
initiated by the Commission pursuant to Section 63-7-23(D) NMSA 1978.
(8)
staff means the staff of
the Commission's Telecommunications Department.
(9)
State means the State of
New Mexico.
(10)
substantial
harm to the customers of the telecommunications provider means having a
significant adverse impact on the quality of service or value of service
provided to a customer of a telecommunications provider.
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