N.M. Admin. Code § 17.11.17.15

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

Section 17.11.17.15 - EXEMPTION OR VARIANCE

A. General requirements.

(1) An ILEC may petition for an exemption or a variance from any of the requirements of this rule.

(2) Such petition may include a motion that the Commission stay the affected portion of this rule for the transaction specified in the motion.

(3) Petitions for an exemption or a variance and motions for a stay must be supported by an affidavit signed by an officer of the ILEC or someone with authority to sign for the ILEC.

(4) The Commission may, at its discretion, require an informal conference or formal evidentiary hearing prior to making its determination.

B. Contents of the petition. A petition for an exemption or variance shall:

(1) identify the section of this rule for which the exemption or variance is requested;

(2) describe the situation which necessitates the exemption or variance;

(3) describe the effect of complying with this rule on the ILEC and its customers, and on its competitive affiliates and their customers, if the exemption or variance is not granted;

(4) describe the result the request will have if granted;

(5) state how the exemption or variance will achieve the purposes of this rule and the New Mexico Telecommunications Act;

(6) state why the proposed alternative is in the public interest and is a better alternative than that provided by this rule; and

(7) state why the exemption or variance would have no anticompetitive effect.

N.M. Admin. Code § 17.11.17.15

17.11.17.15 NMAC - N, 1-1-01