New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 11 - TELECOMMUNICATIONS
Part 28 - INMATE CALLING SERVICE PROVIDERS
Section 17.11.28.19 - RATE CAP VARIANCES

Universal Citation: 17 NM Admin Code 17.11.28.19

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

The commission may permit an ICSP to impose rates higher than the rate caps as provided for in the rate caps chart in 17.11.28.17 NMAC as may be Adopted from time to time or as stated in a separate commission order for good cause shown.

A. An ICSP seeking a variance under this rule must file a petition for variance with the commission providing the following information:

(1) the correctional institution at which the rate that exceeds the rate cap would be applied;

(2) the rate to be applied and the respective existing rate cap; and

(3) the reason for which a higher rate will be applied shall include the following information about the proposed service for the call type for which the variance is sought:
(a) projected monthly and yearly call volume by call type, for the next three calendar years;

(b) projected monthly and yearly expense and revenue by call type, for the next three calendar years;

(c) projected monthly and yearly average call duration by call type, for the next three calendar years;

(d) actual monthly and yearly call volume by call type, for the previous two calendar years;

(e) actual monthly and yearly expense and revenue by call type, for the previous two calendar years; and

(f) actual monthly and yearly average call duration by call type, for the previous two calendar years.

B. The petition must include a sworn statement by a knowledgeable representative of the petitioner attesting to the truth and accuracy of its contents. The petition shall be served on staff, the attorney general, and any other interested party requesting service of such filings, in a docket established by the commission for such filings.

C. The petition shall be accompanied by a proposed tariff change that incorporates the higher rate that the petitioner seeks to impose. All ICSP tariffs shall include a section for rate variances in which all such higher rates are to be listed.

D. At the request of the petitioner, the information provided pursuant to Paragraphs (1) and (3) of Subsection A herein will be treated as confidential and subject to a protective order of the commission. Confidential information shall be handled under the terms of the protective order and will not be disclosed to any person who has not executed a nondisclosure agreement under the protective order.

E. Staff, the attorney general and interested parties shall review the petition for variance within 45 days to determine whether it is supported by the information provided. Any interested party may file a written statement with the commission in support of or opposition to the petition within the same 45-day period. The ICSP shall have 15 days to respond to any filed statement of position.

F. In the absence of any commission action on the petition, the petition will be deemed granted and the proposed tariff change will be deemed approved 60 calendar days from the filing of the petition.

G. ICSPs are not subject to 1.2.2.40 NMAC for matters related to rate variances pursuant to this rule.

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