New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 11 - TELECOMMUNICATIONS
Part 4 - REGISTRATION REQUIREMENTS FOR RESOLD INTRASTATE LONG DISTANCE TELECOMMUNICATIONS SERVICES AND INTRASTATE OPERATOR SERVICES
Section 17.11.4.10 - PROCEDURES FOR APPLICATION FOR A CERTIFICATE OF REGISTRATION TO PROVIDE RESOLD INTRASTATE LONG DISTANCE TELECOMMUNICATIONS SERVICES
Universal Citation: 17 NM Admin Code 17.11.4.10
Current through Register Vol. 35, No. 18, September 24, 2024
A. Any person, corporation, municipal corporation, partnership or association proposing to act as a reseller within this state shall first make application to the commission for a certificate of registration. Such application shall conform to the provisions of this rule.
B. An application for a certificate of registration to provide resale of long distance telecommunications services must contain the following:
(1) Financial information detailing the
applicant's financial resources that will support provision of the resold
service in a manner that ensures continued quality of telecommunications
services and safeguards consumer and public interests. This includes the filing
of:
(1) monthly balance sheets and monthly
income statements of the applicant, or any affiliated entity of the applicant
if that entity will provide the financial support for the resold services,
covering the most recent twelve-month period available. If the company, or
entity providing financial support to the applicant, does not keep monthly
financial documentation as described above, then quarterly financial documents
covering the most recent twelve-month period shall be provided to the
commission in lieu thereof;
(2) the
most recent audited year-end financial statement available. If the applicant
does not maintain audited year-end financial statements, the applicant may
provide an unaudited year-end financial statement together with a notarized
verification from the applicant's chief financial officer, or person charged
with financial responsibility for the company, attesting that the financial
statement provided is a true and correct representation of the company's
year-end financial position;
(3) a
detailed description of what the financial information submitted signifies in
terms of the applicant's ability to provide resold telecommunications services
within this state properly and continuously. This description shall detail the
applicant's current financial position and describe the financial trend of the
applicant over the last twelve-month period and should be supported by specific
references to the financial documents which were provided in conformance with
subsections (1) and (2) above.
(2) A detailed demonstration of the technical
competence of the applicant to provide the telecommunications services
addressed in the application including a detailed description of the
qualifications and experience of the applicant's management personnel who will
oversee provision of the proposed resold telecommunications services.
(3) A detailed description of the proposed
market to be served by the applicant with reference to both the geographic
market (e.g., Albuquerque, New Mexico) and the customer class (e.g.,
residential customers).
(4) A
detailed description of the exact and particular telecommunications service or
services the applicant proposes to provide.
(5) The proposed tariff to be used by the
applicant detailing all rates, charges, terms and conditions governing the
provision of intrastate long distance telecommunications services and the
proposed ratemaking methodology used in determining the tariff's proposed
rates.
(6) A demonstration that the
applicant is authorized to do business by the corporations department of the
commission in New Mexico and that the applicant is in good corporate standing
in New Mexico.
(7) A listing of all
states in which the applicant is authorized to provide telecommunications
services and a statement as to whether or not the applicant is in good standing
with the appropriate regulatory agency in each of those states, and, if
applicable, a detailed explanation of why the applicant is not in good standing
in a given state.
(8) A listing of
any states in which the applicant has been denied a certificate of authority or
had its pre-existing certification revoked, if applicable, and a detailed
explanation of why the applicant's application for authority to provide
telecommunications services in another state was rejected or its authority to
provide such services revoked, if applicable.
(9) A listing of any state in which an
investigation, formal complaint and/or enforcement proceeding against the
applicant has been initiated and a detailed description of the subject matter
of such proceeding and of the outcome, or, if still pending, the status of such
proceeding.
C. Upon the applicant's filing of a completed application for a certificate of registration, the commission will expeditiously review the application. After such review, the commission will either:
(1)
request further information from applicant;
(2) issue a notice of proposed agency action;
or
(3) issue the applicant a
notice of inquiry concerning the applicant's application for a certificate of
registration. Notices of inquiry regarding an application may result in a
hearing subject to the commission's notice and hearing requirements contained
in the commission's rules of procedure.
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