N.M. Admin. Code § 17.11.18.18

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

Section 17.11.18.18 - SUBMITTAL OF AGREEMENTS TO THE COMMISSION

A. Within sixty days of the execution of a negotiated agreement, the negotiating parties shall submit the agreement to the commission for approval.

B. A carrier submitting a negotiated interconnection agreement (or amendment to a negotiated agreement) to the commission pursuant to 47 U.S.C. Section 252(e) shall submit the original and two copies of the agreement accompanied by an original and two copies of an advice notice on the form prescribed by the commission in 17.11.18.24 NMAC or a substantially similar form. Each carrier shall sequentially number advice notices filed during each calendar year. A carrier may submit more than one agreement or amendment under a single advice notice provided that all agreements and amendments so submitted involve the same parties and are filed simultaneously.

C. The submitting carrier shall serve copies of the advice notice on the New Mexico Attorney General and shall, within five business days after filing, either:

(1) publish the advice notice once in a newspaper of general circulation in the State of New Mexico; or

(2) post and maintain the advice notice to the carrier's internet website until thirty (30) days after the subject agreement is approved or deemed approved, in which case the advice notice shall also provide the website address.

D. Within thirty (30) days after the date the advice notice is filed, any person, including the commission's telecommunications bureau staff, believing that the commission should reject an agreement filed in accordance with these procedures, or any portion thereof, may file an original and two copies of a request for rejection of the agreement or portion thereof with the Commission's Utility Division, Marian Hall, 224 East Palace Avenue, Santa Fe, New Mexico 87501. A request for rejection must state with particularity the basis for rejecting the agreement or portion thereof pursuant to 47 U.S.C. Section 252, including any violations of the standards set out in 47 U.S.C. Section 252(e)(2)(A). When it is filed with the commission, a request for rejection must be served on the contracting parties at their addresses listed in the advice notice and the New Mexico Attorney General by the person making the request. Within thirteen (13) days after the request is filed, the parties to the agreement or any other interested person may file a reply to the request.

E. Upon receipt of a request for rejection, the matter will be automatically assigned a case number and assigned on a rotating basis to a hearing examiner employed by the commission who shall preside over the proceedings and take all actions necessary and convenient thereto within the limits of the hearing examiner's authority unless otherwise ordered by the commission. The hearing examiner shall then determine whether a hearing should be held.

F. Unless the commission acts to approve or reject an agreement, an agreement submitted pursuant to this section shall be deemed approved pursuant to 47 U.S.C. Section 252(e)(4) ninety days (90) after submission.

N.M. Admin. Code § 17.11.18.18

17.11.18.18 NMAC - N, 1-1-01; 17.11.18.18 NMAC - N, 08-15-06