1. A. A CLEC that offers intrastate telecommunications services under contract shall file a notice of contract with the Commission within ten (10) calendar days of concluding contract negotiations. The notice shall include:

   (1) the name of the CLEC offering the service;

   (2) the name and address of the customer;

   (3) a summary of the contract containing a description of the services to be offered and the prices, terms and conditions for the offered services; and

   (4) a statement confirming that the prices to be charged for the regulated telecommunications services cover the Commission-defined cost of providing the service and represent a competitive offer.

2. B. A CLEC may file standard contract forms with the Commission and may thereafter reference a standard form in its notice of contract in lieu of providing a contract summary.
3. C. A CLEC may note in a notice of contract a customer's request for confidentiality of the customer’s name and address.
4. D. Any carrier or other interested person may, within ten (10) business days of the date the notice of contract is filed, petition the Commission for access to any notice of contract. The Commission shall grant access, subject to any protective orders and to a customer's request for confidentiality of its name and address.
5. E. A contract shall be deemed effective ten (10) business days after the notice of contract is filed unless expressly suspended by order of the Commission for good cause. If the Commission suspends the contract, the Commission shall issue its final order on the merits of any disputed matter within sixty (60) days of the initial filing of the notice of contract.

6. F. The Commission may disapprove a contract based on the notice of contract:

   (1) for failure of the CLEC to show that the prices to be charged for the regulated telecommunications service cover the Commission-defined cost of providing the service, including the imputed price of wholesale service elements if required by the Commission;

   (2) for failure to show a competitive offer, consistent with NMSA 1978 Section 63-9A-9; or

   (3) upon a showing that the contract is otherwise unlawful.

   History of 17.11.19 NMAC: [RESERVED]

[17.11.19.17 NMAC – N, 1-1-01]