New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 11 - TELECOMMUNICATIONS
Part 25 - CONSUMER PROTECTION STANDARDS APPLICABLE TO LARGE INCUMBENT LOCAL EXCHANGE CARRIERS
Section 17.11.25.16 - BILLING DISPUTES AND ERRORS, GENERAL REFUNDS AND BILL CREDITS

Universal Citation: 17 NM Admin Code 17.11.25.16

Current through Register Vol. 35, No. 18, September 24, 2024

A. In the event of a dispute between a customer and a LILEC concerning a bill for telecommunications services, the LILEC may require the customer to pay the undisputed portion of the bill to avoid discontinuance of service for non-payment. The LILEC shall make an investigation appropriate to the case, and report the results to the customer. In the event the dispute is not reconciled, the LILEC shall advise the customer that the customer may file a complaint with the commission for disposition of the matter.

B. Whenever the billing for service has not been determined accurately because of a LILEC's omission or negligence, the LILEC shall correct the error, and:

(1) notify customers that an adjustment has been made;

(2) explain the reasons for the adjustment;

(3) offer and enter into reasonable payment arrangements in accordance with the following criteria:
(a) whenever a LILEC has overbilled a customer for service and the customer has paid the overbilled amount, the LILEC shall credit the total overbilled amount for a maximum of twenty-four months prior to the discovery of the error within a reasonable time, but in no event later than the second bill after the carrier becomes aware of the error;

(b) whenever a LILEC has underbilled a customer for service, the LILEC may add the underbilled amount for a maximum of six months' underbilling to the customer's next regular bill, unless the amount exceeds the customer's average bill for the preceding six months, in which case the customer may elect to make payments, without interest, over a time period equal to the period over which the errors were accumulated.

(4) upon request, send the customer written verification of the payment arrangements agreed to by the customer and the carrier; a LILEC may provide written verification electronically if the customer agrees.

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