N.M. Admin. Code § 17.11.3.11

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

Section 17.11.3.11 - COMMUNITY OF INTEREST

A. As a guideline for evaluating community of interest, the Commission may consider that a community of interest exists when:

(1) the median calling rate over each interexchange route under consideration equals or exceeds five messages per access line per month, and

(2) at least fifty-one percent of the residential subscribers in the exchanges affected make at least three calls per month.

B. The above notwithstanding, if on any given route between two exchanges, the exchange of petitioning subscribers has less than one-half the number of access lines as the larger exchange, a traffic study of one-way traffic originating in the smaller exchange may be used, in which case the community of interest guidelines may be met if:

(1) a median calling rate of five or more messages per access line per month from the smaller exchange to the larger exchange or exchanges to which the smaller exchange seeks inclusion, and

(2) at least fifty-one percent of the residential subscribers in the smaller exchange make three or more calls per month to the larger exchange or exchanges to which the smaller exchange seeks inclusion.

C. Resolutions of the local government body and location of schools, shopping, business offices and medical facilities may be considered as evidence of community of interest.

D. In the event that the interexchange traffic patterns over the areas considered for EAS do not meet community of interest qualifications, the Commission may determine that no further investigation is appropriate and deny the petition; provided however, the Commission may, in its discretion, find that factors, other than traffic patterns, should be considered and may continue the EAS inquiry.

N.M. Admin. Code § 17.11.3.11

2-28-97; Recompiled 12/31/01