1. A. Confirmation of service order. Within three (3) business days of receipt of a customer’s order for designed services, an ILEC shall notify the customer of the proposed installation date and the customer’s remedies for the ILEC's failure to meet the proposed installation date.
2. B. Held order standard. An ILEC shall complete eighty-five (85) percent of installations for designed services in accordance with the installation intervals set forth in subsections C and D of this section.
3. C. Installation interval – facilities available. Where facilities exist, the installation interval shall be ten (10) business days.

4. D. Installation interval – new facilities required. Where new facilities are needed to provide designed service, the ILEC shall install the service within forty-five (45) calendar days, unless the customer requests a later date. If the order is not completed within forty-five (45) calendar days or the later date requested by the customer, the customer shall receive a credit of the nonrecurring charge except when the ILEC can establish that delay was caused by circumstances beyond its reasonable control.

   (1) When the delay is caused by circumstances beyond the ILEC's reasonable control and the commission has granted a waiver of the held order standard pursuant to 17.11.22.25 NMAC, the period of delay shall be added to the time period allowed for installation of the service.

   (2) An ILEC shall report any case in which it claims the delay is caused by circumstances beyond the reasonable control of the ILEC to the affected customer who shall have the right to challenge the exception.

5. E. Credits for failure to comply with installation interval. The following credits shall apply when an ILEC fails to meet designed services installation intervals during the preceding calendar year.

   % installed within installation interval Amount per day late to be credited to customer for failure to meet held order standard 85% to 100% no credit applies 75% to 84% $ 200 65% to 74% $ 500 55% to 64% $1,000 45% to 54% $1,500 35% to 44% $3,000 0 to 34% $5,000

   % installed within installation interval

   Amount per day late to be credited to customer for failure to meet held order standard

   85% to 100%

   no credit applies

   75% to 84%

   $ 200

   65% to 74%

   $ 500

   55% to 64%

   $1,000

   45% to 54%

   $1,500

   35% to 44%

   $3,000

   0 to 34%

   $5,000

6. F. Calculation and payment of credits. By February 1 of each year, beginning in 2002, the ILEC shall submit a report showing its calculation of the credits specified in subsection E of this section, and shall, no later than March 15 of that year, apply the appropriate credit to the bill of each customer who experienced a held order during the prior calendar year. If the customer is no longer a customer of record as of the date the credit is issued, the ILEC shall mail payment to the former customer.

[17.11.22.14 NMAC - Rp, 17.11.22.14 NMAC, 2-1-06]