N.M. Code R. § 17.11.13.21 – Regulation of Individual Contracts

A. In accordance with the provisions of this section, the Commission may regulate the rates, charges, and service conditions for individual contracts for public telecommunications services in a manner which facilitates competition.
B. At any time, the provider of public telecommunications service may file a verified application with the Commission to provide a public telecommunications service or a combination of services on an individual contract basis. The application shall:
(1) Describe the telecommunications services to be offered.
(2) Describe the party to be served by the service(s) and the parties offering the service(s).
(3) If the individual contract would be for the provision of a combination of services, the application shall identify such services as have been determined to be competitive by the Commission pursuant to a Petition for Determination and which services the applicant offers as non-competitive and the price therefore which has been set by the Commission.
(4) Contain such additional information as shall be reasonably related to the determination of the existence of competition for the service or services that are the subject of the individual contract.
(5) Contain such additional information as shall reasonably reflect that the applicant's proposal to provide the services meets the minimum price authorized by the Commission for the competitive services and the price set forth in tariffs approved by the Commission for the non-competitive services.
(6) Contain any additional information which demonstrates that the individual contract will meet or exceed the cost of the applicant in providing the services thereunder.
C. The Commission shall approve or deny the application within ten days of the filing or such longer period as the Commission shall order. The Commission may deny the application upon a finding that the application fails to set forth prescribed information, that the subject matter or comparable services are not being offered to customers by parties other than the applicant, or that applicant's proposal to provide service does not meet the applicant's cost of providing the service.
D. After Commission approval of the application, the provider shall file with the Commission the final contract or other evidence of the service to be provided within ten days after the conclusion of negotiations therefore, together with the charges and other conditions of the service which shall be maintained by the Commission as confidential subject to an appropriate protective order.
[Recompiled 12/30/01]