N.M. Admin. Code § 17.11.9.9

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

Section 17.11.9.9 - NOTICE TO AFFECTED SUBSCRIBERS OF PROPOSED INCREASES IN RESIDENTIAL LOCAL EXCHANGE SERVICE RATES

A. Written notice required. An incumbent rural telecommunications carrier proposing an increase in residential local exchange service rates shall mail a written notice filed with the Commission and approved by the Commission Staff to all affected subscribers at least sixty (60) days prior to the effective date of the proposed rate increase. The notice may be mailed to affected subscribers with their billings or separately.

B. Contents of notice. In addition to the information required by NMSA 1978, Section 63-9H-7(C), the notice of proposed rate increase shall include

(1) the existing rate, the proposed rate and the percentage increase;

(2) the effective date of the last rate increase;

(3) the effective date of the proposed rate increase;

(4) a statement that the new rates will go into effect automatically and will not be considered for review and hearing by the Public Regulation Commission unless Commission staff files its own motion for a hearing and demonstrates good cause, or unless at least two and one-half percent (2.5%) of all affected subscribers file a protest with the Commission within sixty (60) days of the date notice was mailed to the affected subscribers, together with a statement of the number of subscribers constituting two and one-half percent (2.5%);

(5) a statement that procedures for protesting the proposed rate increase are set forth in 17 NMAC 1.2 [now 17.1.2 NMAC], Utility Division Procedures, which can be obtained from, or inspected at, the main office of the incumbent rural telecommunications carrier or the offices of the Commission in Santa Fe, that forms for protests are available from either the incumbent rural telecommunications carrier or the Commission, and providing the telephone numbers and addresses of both the incumbent rural telecommunications carrier and the Commission; and

(6) a statement that any interested person may examine the rate filings and any related exhibits and papers at the main office of the incumbent rural telecommunications carrier or at the offices of the Commission in Santa Fe.

C. Grounds for rejection of rate filing. Failure of an incumbent rural telecommunications carrier to provide the written notice required by NMSA 1978 Section 63-9H-7(C) and this rule to all affected subscribers at least sixty (60) days prior to the effective date of the proposed rate increase shall be grounds for rejection of the proposed rate increase

N.M. Admin. Code § 17.11.9.9

1-14-00; Recompiled 12/31/01