N.M. Admin. Code § 17.11.16.23

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

Section 17.11.16.23 - CUSTOMER DEPOSIT POLICY

17.11.16.23 NMAC through 17.11.16.28 NMAC apply only to wireline carriers that require deposits of residential and small business customers for services regulated by the commission and to wireless carriers that require deposits of their customers.

A. A carrier that requires deposits shall develop a written deposit policy that allows applicants for service to establish credit, and existing customers to reestablish credit, and shall make a copy of its policy available to any customer who inquires about the criteria for deposits.

B. A carrier shall determine credit worthiness in an equitable and nondiscriminatory manner. The decision to require a deposit shall be based solely on the customer's credit history and shall not be based upon location, income level, source of income, occupation, race, creed, sex, sexual orientation, national origin, marital status, or number of dependents.

C. A carrier may, in accordance with 17.11.16.24 NMAC, at any time require from a customer a deposit intended to guarantee payment for services provided by the carrier.

D. The carrier shall establish a mechanism for internal review of a deposit requirement in the event a customer challenges the initial determination of the terms of such deposit. Should a customer continue to challenge the proposed terms of the deposit after such review is completed, the carrier shall provide the customer with the name, address and current local or toll-free telephone number of the consumer relations division of the commission for further review.

E. The carrier shall provide:

(1) a copy of its written deposit policy and associated procedures to each of its employees who process applications for service; and

(2) either a copy of its written deposit policy and associated procedures or a specific tariff cite, if such policy and procedures are included in tariffs filed with the commission, to the director of the consumer relations division of the commission.

N.M. Admin. Code § 17.11.16.23

17.11.16.23 NMAC - Rp, 17.11.16.22 NMAC, 2-1-06