N.M. Admin. Code § 17.11.18.12

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

Section 17.11.18.12 - INTERCONNECTION OBLIGATIONS OF ILECS

A. Unbundling of ILEC networks.

(1) At a minimum, ILECs shall unbundle their networks to the extent required by the federal communications commission ("FCC") in 47 C.F.R. Sections 51.307 through 51.321. Nothing in this rule precludes the commission from requiring ILECs to undertake further unbundling of their networks, including further unbundling of network elements pursuant to 17.11.18.8 NMAC through 17.11.18.13 NMAC.

(2) Rates for UNEs shall be based on the ILEC's forward-looking economic costs, calculated as prescribed in 17.11.18.15 NMAC.

B. Collocation. ILECs shall provide for the collocation of equipment necessary for interconnection or access to the ILEC's UNEs, in accordance with 47 C.F.R. Section 51.323 and the requirements of this rule. An ILEC shall offer collocation pursuant to rates, terms and conditions that are just, reasonable, and nondiscriminatory. A LEC may request either physical collocation or virtual collocation from an ILEC, and the ILEC shall provide the requested form of collocation, except that the ILEC may provide virtual collocation if the commission determines that physical collocation is not practical for technical reasons or because of space limitations.

C. Exemptions for certain rural ILECs. An ILEC that qualifies as a rural LEC shall be exempt from the requirements of 47 U.S.C. Section 251(c) and this section until it has received a request for interconnection or purchase of a UNE.

D. Procedure for termination of exemption of certain rural ILECs.

(1) A party requesting interconnection or purchase of a UNE from a rural ILEC shall submit a copy of its request to the commission.

(2) The commission shall conduct a hearing for the purpose of determining whether to terminate the rural ILEC's exemption.

(3) In evaluating the request for interconnection or purchase of a UNE, the commission shall consider whether:

(a) the request is technically feasible; in making this determination, the commission may consider evidence brought by the requesting party concerning the provision of interconnection arrangements and UNEs by similarly situated rural ILECs in New Mexico or other states;

(b) the request is unduly economically burdensome to the rural ILEC or its customers; in making this determination, the commission may require the rural ILEC to provide an estimate of the costs of complying with the request and information on its costs and revenues beyond that included in the company's periodic reports to the commission;

(c) granting the request would be consistent with the objectives of universal service and the specific requirements of 47 U.S.C. Section 254 (exclusive of subsections (b)(7) and (c)(1)(D)); in making this determination, the commission may consider the potential benefits to end users from the provision of competitive services in the rural ILEC's service territory, as well as the potential impact of granting the request on the rural ILEC.

(4) The commission shall issue a final ruling on the request within one hundred twenty (120) days of receipt of the request.

(5) If the commission terminates a rural ILEC's exemption, it shall establish a schedule for implementing the request for interconnection or purchase of a UNE.

N.M. Admin. Code § 17.11.18.12

17.11.18.12 NMAC - N, 1-1-01