N.M. Admin. Code § 17.11.10.7

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

Section 17.11.10.7 - DEFINITIONS

In addition to the definitions contained in Section 63-9H-3, NMSA 1978, as used in this rule:

A.Definitions beginning with "A":

(1)Access line means a dial tone line, or its functional equivalent, that provides local exchange service from a carrier's switching equipment to a point of termination at the customer's network interface, and is not limited to wireline or any other technology; for the purposes of this rule, an access line does not include official lines, unbundled network elements/platforms, retail resale, wholesale resale, special access lines and private lines.

(2) Administrator means the person designated by the commission to administer the fund.

(3) Area underserved by broadband means a broadband program proposed project area where fifty percent or more of households and businesses, in the aggregate, have access to broadband service offering speeds of at least 25/3 Mbps but lower than 100/20 Mbps (download/upload). A household has access to broadband service if the household can subscribe within 10 business days of a request.

(4)Area unserved by broadband means a broadband program proposed project area where seventy-five percent or more of the households lack access to broadband service offering speeds of at least 25/3 Mbps (download/upload). A household has access to broadband service if the household can subscribe to that service within 10 business days of a request.

B.Definitions beginning with "B":

(1)Basic local exchange rate means an incumbent local exchange carrier's tariffed, monthly, flat single-line rate charged to its retail customers for the provision of local exchange service; for the purposes of this rule, the "residential" and "business" basic local exchange rates shall include any commission-mandated subscriber line charges or extended area service charges.

(2) Broadband internet access service means a mass-market retail service by wire, wireless or other technology that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints including any capabilities that are incidental to and enable the operation of the communications service, or a functionally equivalent service, but excluding dial-up internet access service. For purposes of this rule, broadband internet access service means a service transmission speed of 25.0 Mbps download/3.0 Mbps upload.

(3) Broadband office means the office of broadband access and expansion.

C.Definitions beginning with "C":

(1)Carrier means an entity that provides intrastate retail public telecommunications services or comparable retail alternative services in New Mexico.

(2) Commercial mobile radio service (CMRS) means a designation by the federal communications commission for any carrier or licensee whose wireless network is connected to the public switched telephone network or is operated for profit.

(3)Commission means the New Mexico public regulation commission.

(4) Communication connection means a voice-enabled telephone access line, wireless voice connection, unique voice over internet protocol service connection, or other uniquely identifiable functional equivalent as determined by the commission.

(5) Contributing company means any carrier that provides intrastate retail public telecommunications services or comparable retail alternative services in New Mexico.

(6) Council means the connect New Mexico council, as defined in Section 63-9K-3 NMSA 1978.

D.Definitions beginning with "D": [RESERVED]

E.Definitions beginning with "E":

(1)Eligible telecommunications carrier (ETC) means a carrier with New Mexico operations that has been designated as eligible to receive disbursements from the fund or from the federal universal service fund, or both, for a designated service area determined by the commission.

(2)Exempt customer means an end-user of telecommunications service that is the state of New Mexico, a county, a municipality or other governmental entity; a public school district; a public institution of higher education; an Indian nation, tribe, or pueblo; a Native American customer who resides on tribal or pueblo land; a private telecommunications network; or a person eligible to receive reduced rates under a low-income telephone assistance plan created by the federal government or the state of New Mexico.

F.Definitions beginning with "F":

(1)FCC means the federal communications commission.

(2)Fund means the state of New Mexico universal service fund established pursuant to Section 63-9H-6, NMSA 1978 and this rule.

G.Definitions beginning with "G": [RESERVED]

H.Definitions beginning with "H": [RESERVED]

I.Definitions beginning with "I":

(1)Imputed benchmark revenue means the difference between the affordability benchmark rates established by the commission pursuant to this rule and the carrier's basic local exchange residential and business rates as of July 1, 2014, multiplied by the number of basic local exchange residential and business access lines served by the carrier as of December 31 of the year that precedes the year during which the revenue requirement is being determined pursuant to Subparagraph E of 17.11.10.19 NMAC; imputed benchmark revenue shall not be less than zero.

(2)Interexchange carrier (IXC) means an entity that provides intrastate toll services in New Mexico.

(3)Intrastate retail public telecommunications services means services including, but not limited to, all types of local exchange service; non-basic, vertical or discretionary services, also known as advanced features, or premium services, such as, but not limited to, call waiting, call forwarding, and caller identification (ID); listing services; directory assistance services; cellular telephone and paging services; commercial mobile radio services; personal communications services (PCS); both optional and non-optional operator services; wide area telecommunications services (WATS) and WATS-like services; toll-free services; 900 services and other informational services; message telephone services (MTS) or toll; CENTREX, centron and centron-like services; video conferencing and teleconferencing services; the resale of intrastate retail public telecommunications services; payphone services; services that provide telecommunications through a New Mexico telephone number using voice over internet protocol (VOIP) or comparable technologies; any services regulated by the commission; and such other services as the commission may by order designate from time to time as equivalent or similar to the services listed above, without regard to the technology used to deliver such services.

(4)Intrastate retail public telecommunications services revenue means the revenue collected from the sale of intrastate telecommunications services to end users; for voice over internet protocol (VOIP) and similar services, the portion of total retail revenues attributable to intrastate retail telecommunications shall be equal to the proportion of calls originating and terminating in New Mexico to all calls originating in New Mexico.

(5)Intrastate switched access charge means a charge levied by a carrier for the availability and use of its facilities for origination and termination of intrastate interexchange calls as contained in tariffs approved by the commission.

J.Definitions beginning with "J": [RESERVED]

K.Definitions beginning with "K": [RESERVED]

L.Definitions beginning with "L": Local exchange carrier (LEC) means an entity certificated to provide local exchange service in New Mexico.

M.Definitions beginning with "M": [RESERVED]

N.Definitions beginning with "N": New Mexico operations means intrastate retail public telecommunications services and comparable retail alternative services provided in New Mexico.

O.Definitions beginning with "O": [RESERVED]

P.Definitions beginning with "P": [RESERVED]

Q.Definitions beginning with "Q.": [RESERVED]

R.Definitions beginning with "R": Rural area means:

(1) any unincorporated area or;

(2) any city, town or incorporated area with a population of 20,000 or less as reflected in the most recent decennial United States census together with any applicable Tribal census.

S.Definitions beginning with "S":

(1) Service area means a geographic area established by the commission in accordance with Section 214(e)(5) of the federal act (47 U.S.C. Section 214(e)(5).

(2) State rural universal service fund (SRUSF) means the state of New Mexico universal service fund established pursuant to Section 63-9H-6, NMSA 1978 and this rule.

(3) Statewide broadband plan means a plan for the development and expansion of broadband infrastructure and services throughout the state as developed by the New Mexico office of broadband access and expansion.

T.Definitions beginning with "T": [RESERVED]

U.Definitions beginning with "U": Universal service means basic local exchange service and comparable retail alternative services at affordable rates, service pursuant to a low-income telephone assistance plan, and broadband internet access service to unserved and underserved areas of New Mexico as determined by the commission.

V.Definitions beginning with "V": [RESERVED]

W.Definitions beginning with "W": [RESERVED]

X.Definitions beginning with "X": [RESERVED]

Y.Definitions beginning with "Y": [RESERVED]

Z.Definitions beginning with "Z": [RESERVED]

N.M. Admin. Code § 17.11.10.7

17.11.10.7 NMAC - Rp, 17 NMAC 13.10.7, 11/30/05; A/E, 12/28/05, 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, Amended by New Mexico Register, Volume XXIX, Issue 09, May 15, 2018, eff. 5/15/2018, 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