N.M. Admin. Code § 17.11.23.9

Current through Register Vol. 35, No. 17, September 10, 2024

Section 17.11.23.9 - TARIFFS, PRICE LISTS AND NOTICE

A. Tariffs. A mid-size carrier shall maintain a tariff on file with the commission that contains the price ceiling and effective price by service area for each basic service, non-basic service, package and bundle offered by the mid-size carrier.

B. Changes to Terms and Conditions. A mid-size carrier may propose non-price related changes to terms and conditions in its tariffs by filing commission notice and tariff sheets reflecting the modified terms and conditions. Subject to commission suspension under 17.11.23.10 NMAC, the modified terms and conditions of such non-price related changes shall become effective ten days after a mid-size carrier files such commission notice and tariff sheets.

C. Notice of Price Ceiling Changes and Effective Price Changes.

(1) Notice. Subject to commission suspension under 17.11.23.10 NMAC, a mid-size carrier may change the effective price or the price ceiling of a basic service, non-basic service, package or bundle by providing notice as provided in this subsection.

(2) Notice of changes in price ceilings. No less than ten days prior to the effective date of an increase in a price ceiling, the mid-size carrier shall provide notice to the commission and to the New Mexico Attorney General and shall cause notice of the increase to be published in a newspaper with statewide circulation. For decreases to price ceilings, commission notice shall be made no less than one day prior to the effective date of the new price ceiling. No customer notice of decreases in price ceilings is required.

(3) Notice of changes in effective prices. Commission notice of increases in effective price shall be made not less than ten days prior to the effective date of the new price. Commission notice of decreases in effective price shall be made no less than one day prior to the effective date of the new price. Consumer notice of effective price increases shall be made not less than ten days or more than seventy-five days prior to the effective date of the new price. No consumer notice of decreases in effective prices is required.

(4) Website posting of changes in effective price. Each change in effective price shall be reflected on a mid-size carrier's website on or before the date the change becomes effective.

(5) Affidavit Required. Any tariffed change in the effective price or the price ceiling of a basic service, non-basic service, package or bundle must be accompanied by an affidavit, signed by a person with personal knowledge, stating that the effective price is above or equal to the price floor for the service.

(6) Cost Studies. Upon request of the commission or commission staff, a mid-size carrier shall produce a cost study demonstrating how the mid-size carrier calculated the cost of a service.

N.M. Admin. Code § 17.11.23.9

17.11.23.9 NMAC - N, 4-1-2006