HB 327 — PUBLIC PEACE, HEALTH, SAFETY & WELFARE

HB0327CES HOUSE COMMERCE AND ECONOMIC DEVELOPMENT COMMITTEE SUBSTITUTE FOR HOUSE BILL 327 55TH55th LEGISLATURElegislature -STATEOFNEWMEXICO-- FIRSTSTATE SESSION,OF 2021NEW INTRODUCEDMEXICO BY- Dayanfirst Hochman-Vigilsession, and2021 Antonio  Maestas  6  8  10      AN ACT RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE.WELFARE;

13AMENDING BETHE ITNEW ENACTEDMEXICO BYTELECOMMUNICATIONS ACT TO REQUIRE EQUAL APPLICATION OF REGULATORY REQUIREMENTS FOR LOCAL EXCHANGE CARRIERS, COMPETITIVE ACCESS PROVIDERS AND INTEREXCHANGE CARRIERS EXCEPT FOR THE LEGISLATUREREGULATION OF RATES PURSUANT TO SECTION 63-9A-8.1 NMSA 1978 (BEING LAWS 1998, CHAPTER 108, SECTION 61, AS AMENDED) AND RULES ADOPTED PURSUANT TO THE STATERURAL TELECOMMUNICATIONS ACT OF NEW MEXICO:MEXICO.

15  eBE tIT 17ENACTED wBY lTHE nLEGISLATURE dOF 18THE =STATE =OF 19NEW aMEXICO: l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .219702.1

     SECTION 1.

Section 63-9A-5 NMSA 1978 (being Laws 1985, Chapter 242, Section 5, as amended) is amended to read:

     "63-9A-5.

REGULATION BY COMMISSION.--           A.

Except as otherwise provided in the New Mexico Telecommunications Act, each public telecommunications service is declared to be affected with the public interest and, as such, subject to the provisions of that act, including the regulation thereof as provided in that act.

          B.

The commission has exclusive jurisdiction to regulate incumbent local exchange carriers that serve fifty thousand or more access lines within the state only in the manner and to the extent authorized by the New Mexico Telecommunications Act, and Subsection B of Section 63-7-1.1 NMSA 1978 does not apply;

provided, however, that the commission's jurisdiction includes the regulation of wholesale rates, including access charges and interconnection agreements consistent with federal law and its enforcement and determinations of participation in low-income telephone service assistance programs pursuant to the Low Income Telephone Service Assistance Act.

The New Mexico Telecommunications Act expressly preserves and does not diminish or expand:

                (1) the rights and obligations of any entity, including the commission, established pursuant to federal law, including 47 U.S.C.

Sections 251 and 252, or established pursuant to any state law, rule, procedure, regulation or order related to interconnection, intercarrier compensation, intercarrier complaints, wholesale rights and obligations or any wholesale rate or schedule that is filed with and maintained by the commission;

                (2) the rights and obligations of any competitive telecommunications service provider holding a certificate of public convenience and necessity, or the rights and obligations of any competitive local exchange carrier to obtain such a certificate;

                (3) the authority of the commission to resolve consumer complaints regarding basic local exchange service;

provided, however, that the commission's authority to resolve such complaints shall be limited to resolving issues of consumer protection and shall not include the authority to determine or fix rates, provider of last resort obligations or service quality standards except as expressly set forth in the New Mexico Telecommunications Act;

                (4) the authority of the commission to establish reasonable quality of service standards;

provided, however, that the enforcement of such standards shall be limited to the commission's fining authority set forth in Section 63-7-23 NMSA 1978 and the authority to seek an injunction set forth in Section 63-9-19 NMSA 1978;

                (5) the rights and obligations of any entity, including the commission, regarding the fund;

                (6) the rights and obligations of any entity, including the commission, regarding access to emergency service to the extent consistent with the Enhanced 911 Act;

or                 (7) the rights and obligations of any entity, including the commission, regarding the administration of slamming and cramming rules, telecommunications relay service and numbering resources to the extent permitted by and consistent with federal law.

          C.

For incumbent local exchange carriers that serve fifty thousand or more access lines within the state, the commission shall adopt relaxed regulations that provide for:

                (1) reduced filing requirements for applicants in rate increase proceedings under the New Mexico Telecommunications Act;

and                 (2) expedited consideration in all proceedings initiated pursuant to the New Mexico Telecommunications Act in order to reduce the cost and burden for incumbent local exchange carriers and other applicants.

          D.

Except for the regulation of rates consistent with Section 63-9A-8.1 NMSA 1978 and rules adopted pursuant to the Rural Telecommunications Act of New Mexico, the regulatory requirements and the commission's regulation of [competitive] local exchange carriers, competitive access providers and interexchange carriers shall be [no greater than, and no more extensive than, that of incumbent local exchange] applied equally to all other local exchange carriers, competitive access providers and interexchange carriers [that serve fifty thousand or more access lines].

          E.

The provisions of the New Mexico Telecommunications Act do not apply to incumbent rural telecommunications carriers." - 5 -