N.M. Admin. Code § 17.11.3.14

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

Section 17.11.3.14 - SUBSCRIBER SURVEYS

A. The Commission may, at any time after initiation of an EAS inquiry, order a subscriber survey by mail to be made of all affected subscribers by the local exchange company or companies.

B. The subscriber survey shall contain an explanatory letter stating all pertinent information that would enable the subscriber to make an informed choice of acceptance or rejection of the proposal. The explanatory letter shall contain at least the following items, along with such other items as the Commission may order:

(1) A clear and brief explanation of the purpose of the subscriber survey.

(2) A tabulation showing, by class of service, any increase in rate, rate additive or other rate change to which subscribers would or might be subject. The explanatory letter shall state separately for each exchange required to be surveyed the amount of local service rate increase, rate additive, or other rate change applicable to that exchange both in the event EAS is granted in all exchanges under consideration, or only the petitioning exchange.

(3) A listing of the exchanges and three-digit telephone number prefixes which would become accessible as a local call if the EAS were approved, as well as the number of access lines currently available to subscribers and the number of access lines which would be available as a local call if the EAS were approved, along with current comparable rates in the exchange (so that a comparison could be made with any resulting rate increase).

(4) A statement that only signed survey ballots will be counted.

(5) The date by which survey ballots must be postmarked to be considered. The return date shall provide, at a minimum, a period of thirty days from the date on which the subscriber survey is mailed to the subscriber, unless such time period is altered by the Commission.

C. The subscriber survey shall include a pre-addressed, return postage-paid survey ballot which shall provide at least the following information:

(1) A brief statement of the service proposal being voted on as more fully described in the subscriber survey explanatory letter.

(2) Spaces for the subscriber to indicate his or her preference for or against the proposal.

(3) Lines for signature, telephone number and date.

(4) A space for subscriber comments.

(5) A statement of the date by which the ballot must be postmarked in order to be considered in the determination of voting results.

D. The subscriber survey shall be a separate mailing, shall contain no additional material or information not contemplated by this rule or ordered and approved by the Commission.

E. Both the subscriber survey explanatory letter and the ballot, as well as the envelope (and any graphic or printed material contained thereon) shall require approval of the Commission prior to mailing.

F. All costs incurred in connection with preparation of all materials, costs of mailing and cost of collection and tabulation shall be borne by the local exchange company or companies and such costs shall be only those costs found by the Commission to have been reasonable, prudent and necessary.

G. The requested EAS may be denied by the Commission upon a finding that:

(1) A simple majority of affirmative votes of those voting was not realized, in the aggregate, from the total votes cast in all exchanges in the subscriber survey;

(2) A simple majority of affirmative votes of those voting was not realized from a given petitioning exchange (denial in this instance may be only as to that exchange);

(3) A simple majority of subscribers of only one exchange vote in favor of the proposal and a simple majority of subscribers of the other affected exchange or exchanges vote against the proposal; or

(4) Granting the EAS would not be in the public interest.

N.M. Admin. Code § 17.11.3.14

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