New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 11 - TELECOMMUNICATIONS
Part 21 - EXPEDITED PROCEDURES FOR INTRASTATE LONG DISTANCE PROVIDERS
Section 17.11.21.17 - TARIFF CHANGES, PROMOTIONS, AND NEW SERVICES

A. Tariffs not to be misleading. No proposed tariff change concerning a new service, promotion, or change in the rates, terms or conditions of a tariff shall contain misleading, potentially misleading, deceptive, or fraudulent names, rates, terms or conditions.

B. Intrastate long distance providers. Whenever an intrastate long distance provider proposes to change its tariff to include a new service or promotion, or to change any of the rates, charges, terms and conditions in its tariff, it shall file with the Commission an original and five (5) copies of the proposed tariff changes at least ten (10) business days prior to their implementation. The intrastate long distance provider shall include in its filing a sequentially numbered Transmittal Letter, (e.g., 2000-1, 2000-2, etc.) containing a description of the proposed tariff changes. The proposed tariff change shall comply with all applicable Commission rules. The tariff changes may go into effect after ten (10) business days unless staff notifies the intrastate long distance within ten (10) business days of its concerns regarding the proposed tariff changes. If staff and the intrastate long distance provider are able to resolve staff's concerns, the proposed tariff changes may go into effect and no public hearing shall be required.

C. ILECs with 50,000 or more access lines. Whenever an ILEC with 50,000 or more access lines proposes to change its tariff to include a new long distance service or long distance promotion, or to change any of the long distance rates, charges, terms and conditions in its tariff, it shall file with the Commission an original and five (5) copies of the proposed tariff changes at least ten (10) business days prior to their implementation. The ILEC shall include in its filing a sequentially numbered Transmittal Letter, (e.g., 2000-1, 2000-2, etc.) containing a description of the proposed tariff changes. The ILEC shall also include in its filing an affidavit stating it has met any imputation requirements required by the Commission. The proposed tariff change shall comply with all applicable Commission rules. The tariff changes may go into effect after ten (10) business days unless staff notifies the ILEC within ten (10) business days of its concerns regarding the proposed tariff changes. If staff and the intrastate long distance provider are able to resolve staff's concerns, the proposed tariff changes may go into effect and no public hearing shall be required.

D. Staff protests. If staff and the company are unable to resolve staff's concerns, staff shall file a protest with the Records Management Bureau of the Administrative Services Division, and the proposed tariff change shall not go into effect. The Records Management Bureau shall assign a docket number to staff's protest. Staff's protest shall include a case caption and a heading that states "Staff Protest." The protest shall include as an attachment the proposed tariff changes filed by the company and any additional information furnished to staff by the company. The applicant shall have the burden of showing, after notice and hearing, why the proposed new service, promotion, or tariff change is in the public interest.

E. Filing requirements. On the same day it files paper copies of the proposed tariff changes with the Commission, the intrastate long distance provider shall also submit an electronic copy of the Transmittal Letter containing the identity of the telecommunications company, a summary of the proposed new service, promotion or tariff change, and its effective date. The Commission may prescribe additional form, content, manner of filing, or other requirements.

F. Notice to customers. The IXC shall provide notice of a rate change to affected customers in the first bill mailed to the customer following the effective date of the change.