N.M. Admin. Code § 17.11.13.18
Current through Register Vol. 35, No. 23, December 10, 2024
Section 17.11.13.18 - EFFECT OF DETERMINATIONIn granting a petition for determination, the Commission will:
A. Make a finding that multiple persons or entities are providing or ready to provide the same or similar service or services or a functionally equivalent alternative or substitute service and that such persons or entities are making such service or services reasonably available in the same market area which generally meets the same customer needs;B. Identify the market area wherein the particular service is subject to competition;C. Establish a minimum rate or range of rates to be charged for such competitive service within the particular market area which shall not be less than the cost of providing such service unless the Commission finds that the service should be priced above cost for a specific reason;D. Give its approval to and authorize the petitioner to change from time to time the rates and charges for such service; provided that the Commission shall be notified within ten days prior to any such change in rates and charges and that such change in rates and charges shall not be set below the approved minimum rate;E. Authorize the removal of the price of any such competitive service from any public tariff which is on file with the Commission;F. Authorize, if the Commission deems it necessary, an open docket solely for the filing and disposition of further matters pertaining to a competitive service; andG. Provide for filing of the minimum price or range prices with the Commission as proprietary information.N.M. Admin. Code § 17.11.13.18