N.M. Admin. Code § 17.11.5.10

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

Section 17.11.5.10 - PROCEDURES AND APPLICATION REQUIREMENTS FOR A CERTIFICATE OF FINANCIAL AND TECHNICAL COMPETENCY

A. Any person, corporation, municipal corporation, partnership or association proposing to operate as a LEC within this state shall first make application to the commission for a certificate of financial and technical competency. Such application shall conform to the provisions of this rule.

B. Any application for a certificate of financial and technical competency to provide local exchange telecommunications services must contain the following:

(1) Financial information detailing the applicant's financial resources that will support provision of local exchange services in a manner that ensures continued quality of telecommunications services and safeguards consumer and public interests. This includes the filing of:

(1) monthly balance sheets and monthly income statements of the applicant, or any affiliated entity of the applicant if that entity will provide the financial support for the local exchange services, covering the most recent twelve-month period available. If the company, or entity providing financial support to the applicant, does not keep monthly financial documentation as described above, then quarterly financial documents covering the most recent twelve-month period shall be provided to the commission in lieu thereof;

(2) the most recent audited year-end financial statement available. If the applicant does not maintain audited year-end financial statements, the applicant may provide an unaudited year-end financial statement together with a notarized verification from the applicant's chief financial officer, or person charged with financial responsibility for the company, attesting that the financial statement provided is a true and correct representation of the company's year-end financial position;

(3) a detailed description of what the financial information submitted signifies in terms of the applicant's ability to provide local exchange services within this state properly and continuously. This description shall detail applicant's current financial position and describe the financial trend of the applicant over the last twelve-month period and should be supported by specific references to the financial documents which were provided in conformance with subsections (1) and (2) above.

(2) A detailed demonstration of the technical competence of the applicant to provide the local exchange services addressed in the application including a detailed description of the qualifications and experience of the applicant's management personnel who will oversee provision of the proposed local exchange services.

(3) A detailed description of the proposed market to be served by the applicant with reference to both the geographic market (e.g., Albuquerque, New Mexico) and the customer class (e.g., residential customers).

(4) A detailed description of the local exchange services or other telecommunications service or services the applicant proposes to provide.

(5) A demonstration that the applicant is authorized to do business in New Mexico and that the applicant is in good corporate standing in New Mexico.

(6) A listing of all states in which the applicant is authorized to provide telecommunications services and a statement as to whether or not the applicant is in good standing with the appropriate regulatory agency in each of those states, and a detailed explanation of why the applicant is not in good standing in a given state, if applicable.

(7) A listing of any state in which the applicant has been denied a certificate of authority or has had its pre-existing certification revoked, if applicable, and a detailed explanation of why the applicant's application for authority to provide telecommunications services in another state was rejected or its authority to provide such services revoked, if applicable.

(8) A listing of any state in which a formal complaint or enforcement proceeding against the applicant has been initiated and a detailed description of the subject matter of such proceedings and of the outcome, or, if still pending, the status of such proceeding.

C. Additional Information. In addition to providing the information required in Subsections 10.1 and 10.2 above, an applicant applying to provide local exchange services must also submit the following information:

(1) A description of any certificates it holds in the State of New Mexico to provide telecommunications services other than local exchange services. The applicant should refer to the relevant commission docket number wherein any certificate(s) was (were) granted.

(2) The method by which the applicant proposes to provide local exchange service, for example, whether it proposes to resell the local exchange services of existing LECs.

(3) A description of all facilities that the applicant will utilize to furnish the proposed local exchange services, including any facilities of underlying carriers.

D. Interconnection. With its application, the applicant must furnish information detailing the following matters associated with interconnection to provide proposed local exchange services:

(1) The identity of all LECs with which the applicant plans to interconnect;

(2) The likely timing of initiation of interconnection service and a statement as to when negotiations for interconnection started or when they are likely to start.

(3) The applicant must also furnish the commission a copy of any request for interconnection made by the applicant to any LEC.

E. Billing and Collection. With its application, the applicant must furnish information detailing how it plans to bill for and collect monies from customers who subscribe to its proposed local exchange service.

F. 911 Services. With its application, the applicant must furnish information that details arrangements it plans to make for providing 911 services from each customer's premises. It must also explain in detail terms and provisions associated with the assessment of 911 service surcharges.

G. Designation as Essential Telecommunications Carrier. With its application, the applicant must state whether or not it intends to be designated as an essential telecommunications carrier pursuant to the provisions of the 1996 Act. If the applicant states that it intends to be designated as an essential telecommunications carrier, the applicant must describe the territory in which it proposes to provide the essential telecommunications services.

H. Commission Review of Application. Upon the applicant's filing of a completed application for a certificate of financial and technical competency, the commission shall expeditiously review the application. After this review, the commission shall either:

(1) request further information from applicant;

(2) issue a notice of proposed agency action; or

(3)issue a notice of inquiry concerning the applicant's financial and technical competency. Notices of inquiry may result in a hearing subject to the commission's notice and hearing requirements contained in the commission's rules of procedure.

N.M. Admin. Code § 17.11.5.10

11-15-96; Recompiled 12/31/01