Current through Register Vol. 35, No. 18, September 24, 2024
A. Any
person, corporation, municipal corporation, partnership or association
proposing to operate as a LEC within this state shall first make application to
the commission for a certificate of financial and technical competency. Such
application shall conform to the provisions of this rule.
B. Any application for a certificate of
financial and technical competency to provide local exchange telecommunications
services must contain the following:
(1)
Financial information detailing the applicant's financial resources that will
support provision of local exchange services 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 local exchange 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 local exchange services within this state properly and continuously.
This description shall detail 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 local
exchange 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 local exchange 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 local exchange services or other telecommunications
service or services the applicant proposes to provide.
(5) A demonstration that the applicant is
authorized to do business in New Mexico and that the applicant is in good
corporate standing in New Mexico.
(6) 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 a detailed explanation of why
the applicant is not in good standing in a given state, if
applicable.
(7) A listing of any
state in which the applicant has been denied a certificate of authority or has
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.
(8) A listing of any state in which a formal
complaint or enforcement proceeding against the applicant has been initiated
and a detailed description of the subject matter of such proceedings and of the
outcome, or, if still pending, the status of such proceeding.
C. Additional Information. In
addition to providing the information required in Subsections 10.1 and 10.2
above, an applicant applying to provide local exchange services must also
submit the following information:
(1) A
description of any certificates it holds in the State of New Mexico to provide
telecommunications services other than local exchange services. The applicant
should refer to the relevant commission docket number wherein any
certificate(s) was (were) granted.
(2) The method by which the applicant
proposes to provide local exchange service, for example, whether it proposes to
resell the local exchange services of existing LECs.
(3) A description of all facilities that the
applicant will utilize to furnish the proposed local exchange services,
including any facilities of underlying carriers.
D. Interconnection. With its application, the
applicant must furnish information detailing the following matters associated
with interconnection to provide proposed local exchange services:
(1) The identity of all LECs with which the
applicant plans to interconnect;
(2) The likely timing of initiation of
interconnection service and a statement as to when negotiations for
interconnection started or when they are likely to start.
(3) The applicant must also furnish the
commission a copy of any request for interconnection made by the applicant to
any LEC.
E. Billing and
Collection. With its application, the applicant must furnish information
detailing how it plans to bill for and collect monies from customers who
subscribe to its proposed local exchange service.
F. 911 Services. With its application, the
applicant must furnish information that details arrangements it plans to make
for providing 911 services from each customer's premises. It must also explain
in detail terms and provisions associated with the assessment of 911 service
surcharges.
G. Designation as
Essential Telecommunications Carrier. With its application, the applicant must
state whether or not it intends to be designated as an essential
telecommunications carrier pursuant to the provisions of the 1996 Act. If the
applicant states that it intends to be designated as an essential
telecommunications carrier, the applicant must describe the territory in which
it proposes to provide the essential telecommunications services.
H. Commission Review of Application. Upon the
applicant's filing of a completed application for a certificate of financial
and technical competency, the commission shall expeditiously review the
application. After this review, the commission shall either:
(1) request further information from
applicant;
(2) issue a notice of
proposed agency action; or
(3)issue
a notice of inquiry concerning the applicant's financial and technical
competency. Notices of inquiry may result in a hearing subject to the
commission's notice and hearing requirements contained in the commission's
rules of procedure.
