N.M. Admin. Code § 17.11.10.24

Current through Register Vol. 35, No. 23, December 10, 2024

Section 17.11.10.24 - PETITIONS FOR ETC DESIGNATION AND AMOUNT OF SUPPORT

A. Any entity seeking designation as a state or federal ETC must file a petition with the commission.

In the case of a petition for ETC designation, for state or federal universal service fund the petition shall:

(1) include a description of the proposed service area for which it seeks designation that is consistent with the federal requirements relating to service areas set forth in 47 CFR 54.207;

(2) demonstrate that the entity meets the requirements in Section 214(e) of the federal act (47 U.S.C. Section 214(e)) to be designated as a federal ETC;

(3) for federal USF support, demonstrate how the applicant meets the requirements of 47 CFR 54.101 through 54.203;

(4) demonstrate that the proposed designation is in the public interest;

(5) demonstrate that the proposed ETC is financially and technically competent to provide the supported services for federal or state support;

(6) demonstrate the petitioner's ability to remain functional in emergency situations;

(7) demonstrate that the petitioner will satisfy applicable consumer protection and service quality standards;

(8) demonstrate that granting ETC status to the petitioner in the designated area is likely to result in more customer choice;

(9) address the impact of designation of the petitioner on the size of the state fund or federal USF;

(10) address the unique advantages and disadvantages of the petitioner's service offering;

(11) demonstrate the petitioner's willingness and ability to offer service throughout the designated service area within a reasonable time frame, or time frame required by state or federal law; and

(12) provide such other information as the commission or the administrator may find appropriate.

B. A petition by an ETC for an amount of support shall demonstrate that granting the proposed support is in the public interest and, where required, shall include the information required by 17.11.10.25 NMAC.

C. Consideration of the public interest will apply in all ETC designation proceedings. The commission is not required to designate additional ETCs in any service area, if not in the public interest.

D. The commission shall, after such notice and hearing as the commission shall prescribe, enter its written order approving or denying a company's petition. An order approving a petition for ETC designation shall specify the service area for which designation is made and an order approving a petition for an amount of support shall state the amount and type of approved state or federal fund support.

E. The commission may approve a petition for designation as a federal ETC in conjunction with a petition for designation as a state ETC.

F. The commission shall require annual verification from each ETC that it continues to meet the requirements herein for designation as an ETC and for provision of support from the state fund or federal USF.

N.M. Admin. Code § 17.11.10.24

17.11.10.24 NMAC - Rp, 17 NMAC 13.10.27, 11/30/05, Adopted by New Mexico Register, Volume XXV, Issue 24, December 30, 2014, eff. 1/1/2015, Adopted by New Mexico Register, Volume XXVII, Issue 02, January 29, 2016, eff. 1/29/2016, Adopted by New Mexico Register, Volume XXVII, Issue 24, December 30, 2016, eff. 1/1/2017, Adopted by New Mexico Register, Volume XXVIII, Issue 24, December 26, 2017, eff. 1/1/2018, Adopted by New Mexico Register, Volume XXXII, Issue 03, February 9, 2021, eff. 2/9/2021, Adopted by New Mexico Register, Volume XXXV, Issue 05, March 12, 2024, eff. 3/12/2024