After requesting WE911 (wireless enhanced E911) from a CMRS, local governing bodies may, by ordinance or resolution in a form specified by the division, recover from the fund pursuant to Subsection G of Section 63-9D-8 NMSA 1978, the CMRS wireless enhanced 911 service carrier costs that meet the requirements in 10.6.2.17 NMAC. Pursuant to Subsection G of Section 63-9D-8 NMSA 1978, the division, on behalf of local governing bodies, shall directly pay or reimburse CMRS for their costs of providing WE911 service. In order to maintain adequate funding in the fund to provide enhanced 911 service and equipment to local governing bodies pursuant to Section 63-9D-8 NMSA 1978, the division shall reimburse only costs incurred by CMRS to provide enhanced wireless 911 service to municipal and county public safety answering points that are in accordance with the following:

1. A. All CMRS carriers shall submit a detailed cost recovery plan (plan), invoices and status reports to the division that meet the following criteria.

   (1) The plan and invoices shall include the one time, non-recurring cost (NRC) incurred by the CMRS carrier for the connection fee to the two 911 access tandems and the NRC for the wireless systems service provider (3rd party vendor).

   (2) The plan and invoices shall include the CMRS carrier’s monthly recurring (MRC) for trunking (T-1’s to the two 911 access tandems) and the MRC for the wireless systems service provider (3rd party vendor).

   (3) All other CMRS carrier costs are not currently eligible for cost recovery.

2. B. A plan or invoice submitted on behalf of a CMRS carrier by a third party shall include a letter of agency between the third party and the carrier, or have the letter on file. No plan or invoice submitted by a third party agent will be reviewed until the division receives notice of agency from the CMRS carrier.
3. C. The plan shall be submitted yearly by March 31st as a comprehensive statewide plan based on current circumstances. The plan shall detail the number of cell sites and the number of subscribers in each county, and the projected NRC and MRC for each county based on the current guidelines for cost recovery, including the type of wireless services you are providing; the jurisdictions (cities and counties) in which you provide wireless services, the wireless network service provider with which you have a reseller relationship, the number of customers or subscribers you have in New Mexico, the legal entity name, remittance name and tax number that you use to make tax remittances to the state of New Mexico; and the appropriate person within your organization and their contact information to discuss related tax items, remittances and which to address any additional questions.
4. D. The plan shall contain a detailed explanation of each cost item included.
5. E. The plan shall include a map designating the licensed area and the actual coverage area.
6. F. The plan shall include a sample monthly invoice from the CMRS carrier. The invoice must clearly separate MRC and NRC charges, by county. The division shall pay only the carrier. No third party agents shall be paid.
7. G. The plan shall be signed by an authorized official of the CMRS carrier or the third party agency and must be dated.
8. H. Once a CMRS carrier’s plan is approved, invoices may be submitted per the guidelines.
9. I. Quarterly, the FCC wireless telecommunications bureau requires submission of a wireless carrier E911 deployment report. CMRS carriers shall provide an electronic copy of the New Mexico portion of the excel spreadsheet (appendix portion) to the division within 5 days of submission to the FCC.
10. J. Periodically, the division may request CMRS carriers to furnish additional information for the planning, coordination and implementation of wireless enhanced 9-1-1.

11. K. To be considered and approved by the division, each CMRS carrier shall follow these procedures:

    (1) CMRS carrier cost recovery shall initially be allowed a one-time $0.50 per subscriber NRC and a monthly $0.05 per subscriber MRC, based on actual deployments. In addition, one-time access costs of approximately $450 per T-1 NRC and $900 per T-1 MRC for trunking to connect to each access tandem shall be allowed.

    (2) CMRS carriers shall submit a valid department of treasury internal revenue department form W-9 to establish vendor status and allow cost recovery remittances to be processed when invoices are received. Refer to the IRS website at http://www.irs.gov/pub/irs-pdf/fw9.pdf for the form.

    (3) CMRS carrier invoices shall not exceed trunking cost allowances, the one-time $0.50 NRC per subscriber, the monthly $0.05 per subscriber MRC, based on actual deployments, and the allowed trunking NRC and MRC. Partial payment against an invoice is not allowed.

    (4) CMRS carrier invoices will be processed, approved and disbursed on a monthly basis.

    (5) Requests from new CMRS carriers shall be reviewed on a case-by-case basis.

    HISTORY OF 10.6.2 NMAC:

    Pre-NMAC History: The material in this part is derived from that previously filed with the State Records Center and Archives under:

    DFA-LGD Rule No. 93-3, Enhanced 911 Rules and Regulations, filed 5-20-94.

    History of Repealed Material:

    10 NMAC 6.2, Enhanced 911 Requirements, filed 2/2/98 - Repealed effective 5-28-2004.

    10.6.2 NMAC, Enhanced 911 Requirements, filed 5-17-2004 - Repealed effective 05-15-2006.

[10.6.2.17 NMAC - N, 05-15-2006]