N.M. Admin. Code § 17.11.28.11

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

Section 17.11.28.11 - DISCLOSURE OF RATES, FEES AND CHARGES

A. All ICSPs must disclose their rates, fees, and charges to consumers.:

(1) For all intrastate calls, the ICSP shall comply with all rate disclosure requirements adopted by the federal communications commission in Title 47 C.F.R. Section 64.710 (operator services for prison inmate phones) and 64.6110 (consumer disclosure of incarcerated person calling services rates), including any amendments thereto.

(2) Rates, fees and charges applied pursuant to this rule shall be made available to the consumer prior to the commencement of the transaction without the consumer having to dial a separate telephone number or access a separate website. Such information shall include an equally prominent disclosure of alternative funding or refunding mechanisms that are free of ancillary service charges.

B. The information required by this section must be delivered to the correctional institution by the ICSP for posting on or near the institutional phone, in plain view of confined persons, provided that such signage is allowed by the correctional institution. The posted signage must clearly and simply disclose all applicable rates, fees and charges for inmate calling services set forth in this rule and provide the contact information for the ICSP for consumer and user complaints as well as the mailing address of the commission's consumer relations division for unresolved consumer or user complaints. The information required by this section, with the exception of the mailing address of the commission's consumer relations division, also must be made available via telephone free of charge to the user, including each time a funding transaction related to a prepaid account takes place.

C. An ICSP shall disclose all rate information, including all applicable per-call and per-minute rates, in simple and clear language.

D. All required information and instructions, if allowed by the correctional institution, must be provided in both English and Spanish, and an ICSP must supply each facility it serves with a display placard or other means of informing confined persons.

E. Consumers and incarcerated persons shall be advised of and have access to ICSP and commission contact information for consumer complaints. Consumers shall be provided with the contact information on their bills when their bills include charges for collect calling, or each time a funding transaction related to a prepaid calling account takes place. ICSPs shall also advise consumers and incarcerated persons of the mailing address of the commission's consumer relations division for consumer complaints.

N.M. Admin. Code § 17.11.28.11

17.11.28.11 NMAC - N, 08-15-13, Adopted by New Mexico Register, Volume XXXIV, Issue 21, November 7, 2023, eff. 11/7/2023