Telephone and Telegraph Companies

NMSA 1978 ch. 63, art. 9

in effect

NMSA 1978, § 63-9-1 Short title

63-9-1. Short title Chapter 63, Article 9 NMSA 1978 may be cited as the "Telephone and Telegraph Company Certification Act". 1953 Comp., § 69-10-1, enacted by Laws 1965, ch. 292, § 1; 1998, ch. 108, § 53.

NMSA 1978, § 63-9-2 Definitions

63-9-2. Definitions As used in the Telephone and Telegraph Company Certification Act: A. "commission" means the public regulation commission; B. "telephone company" means a company, corporation, partnership, individual or others, not engaged solely in interstate business, furnishing mobile telephone service or radio paging; C. "public utility telephone service" means making and offering mobile telephone or radio paging service to or for the public generally and being ready, willing and able to furnish such service with adequate equipment; and D. "certificated area" means the geographical area that a telephone company is authorized to serve by a certificate of public convenience and necessity and that is defined on the map as part of the certificate. 1953 Comp., § 69-10-2, enacted by Laws 1965, ch. 292, § 2; 1975, ch. 59, § 1; 1985, ch. 242, § 22; 1998, ch. 108, § 54.

NMSA 1978, § 63-9-3 Certificate required for operation

63-9-3. Certificate required for operation No telephone company shall hereafter begin the construction or operation of any telephone plant or system or of any extension thereof, for the purpose of furnishing public utility telephone service, without first obtaining from the commission a certificate that public convenience and necessity requires or will require such construction or operation of the plant or system; provided, that this section shall not apply to: A. construction of plant or system within a certificated area which such telephone company already lawfully serves, where such construction is necessary in the ordinary course of business; B. extension of plant or system to area contiguous to the certificated area of such telephone company, if such contiguous areas are not certificated and are not receiving public utility telephone service from another telephone company; provided that the commission shall be notified, in such manner as it may prescribe by rule, of any such extension into contiguous area; and C. such construction or extension occurring when a proper application is being made pursuant to Section 4 [63-9-4 NMSA 1978] of this act. 1953 Comp., § 69-10-3, enacted by Laws 1965, ch. 292, § 3.

NMSA 1978, § 63-9-4 Certificate for operations

63-9-4. Certificate for operations A telephone company furnishing public telephone or telegraph service, including any telephone cooperative operating in the state, shall file with the commission an application for a certificate of public convenience and necessity. The commission shall grant a certificate only to the extent of territory served and shall define such area on a map. Operations for which no application has been made are unlawful. 1953 Comp., § 69-10-4, enacted by Laws 1965, ch. 292, § 4; 1998, ch. 108, § 55.

NMSA 1978, § 63-9-5 Application for certificate

63-9-5. Application for certificate A. If the applicant for a certificate of convenience and necessity is a corporation, a certified copy of its articles of incorporation shall be filed in the office of the commission before any certificate may issue. B. The commission, upon the filing of an application, shall fix a time and place for hearing thereon, which shall be no sooner than ten days after the filing. The commission shall cause notice of the hearing to be served at least ten days before the hearing on all known interested parties. The commission may allow any interested party to intervene at the hearing. C. The commission shall prescribe forms for use by applicants and make regulations relating to the manner of filing and filing fees. 1953 Comp., § 69-10-5, enacted by Laws 1965, ch. 292, § 5.

NMSA 1978, § 63-9-6 Issuance of certificate; territory on map

63-9-6. Issuance of certificate; territory on map A. After conclusion of a hearing on an application for a certificate of convenience and necessity the commission shall make and file an order containing its findings of fact and decision. The order shall become operative twenty days after issuance, except as the commission may otherwise provide. B. The commission shall grant all certificates as required by Section 4 [63-9-4 NMSA 1978] of this act. C. As to all applications other than those based upon Section 4 of this act, the commission has the power, after having determined public convenience and necessity, to grant a certificate as applied for, or to refuse to grant it, or to grant it for the construction or operation of only a portion of the contemplated plant or system or extension thereof, or for the partial exercise only of the rights and privilege sought, and may attach to the exercise of the rights and privilege granted by a certificate such terms and conditions as in its judgment the public convenience and necessity may require. D. The geographical field or area that a telephone company is authorized and required to serve by a certificate shall be defined on a map which will be part of the certificate. The commission shall prescribe the form of the map to be used. 1953 Comp., § 69-10-6, enacted by Laws 1965, ch. 292, § 6.

NMSA 1978, § 63-9-7 Duty to exercise authority; discontinuance

63-9-7. Duty to exercise authority; discontinuance A. Unless exercised within a period designated by the commission, exclusive of any delay due to the order of any court, authority conferred by a certificate of convenience and necessity issued by the commission shall be void. The beginning of the construction of a plant or system, in good faith, within the time prescribed by the commission and the prosecution of the same with reasonable diligence in proportion to the magnitude of the undertaking, shall constitute an exercise of the authority. B. The holder of a certificate shall render continuous and adequate service to the public and shall not discontinue, reduce or impair service to a certificated area, or part of a certificated area, except ordinary discontinuance of service for nonpayment of charges, nonuse and similar reasons in the usual course of business, unless and until there shall first have been obtained from the commission a certificate that neither the present nor future public convenience and necessity will be adversely affected thereby; except that the commission may, upon appropriate request being made, authorize temporary or emergency discontinuance, reduction or impairment of service, without regard to the provisions of this section; provided, however, that nothing in this section shall be construed as requiring a certificate from the commission for any installation, replacement or other changes in plant, operation or equipment which will not impair the adequacy or quality of service provided. 1953 Comp., § 69-10-7, enacted by Laws 1965, ch. 292, § 7.

NMSA 1978, § 63-9-8 Assignability

63-9-8. Assignability Any certificate of public convenience and necessity, or rights obtained under any such certificate held, owned or obtained by any telephone company, may be sold, assigned or leased as other property, only after determination by the commission that the purchaser, assignee or lessee is capable of rendering adequate public utility telephone service. 1953 Comp., § 69-10-8, enacted by Laws 1965, ch. 292, § 8.

NMSA 1978, § 63-9-9 Nonduplication in certificated areas

63-9-9. Nonduplication in certificated areas A. It is unlawful to construct, own, operate, manage, lease or control any plant or equipment for the furnishing of telephone or telegraph service in any certificated area granted to another telephone company unless public convenience and necessity require the second plant or equipment. B. Any person, corporation, municipal corporation, partnership or association proposing to construct or operate the second plant or equipment shall first file an application with the commission, to which application the authority proposing to authorize the construction of the second plant or equipment and the owner, manager or operator of the plant or equipment then in operation shall be made parties. The applications shall set up the reasons why public convenience and necessity require the second plant or equipment. In determining whether the public convenience and necessity require the second plant or equipment, the commission shall consider and determine upon substantial evidence whether the following conditions existed at the time of the filing of the application: (1) the existing telephone or telegraph service is inadequate to meet the reasonable needs and convenience of the public; (2) the proposed second plant or equipment would eliminate such inadequacy; (3) it is economically feasible to operate the proposed second plant or equipment successfully and continuously for the furnishing of telephone or telegraph service; (4) the applicant for the second plant or equipment has sufficient financial resources to provide the proposed telephone or telegraph service properly and continuously; (5) the applicant for the second plant or equipment has competent and experienced management and personnel to provide the proposed telephone or telegraph service; (6) the applicant for the second plant or equipment is willing and able to conform to the constitution and law of New Mexico and the rules of the commission; and (7) the applicant for the second plant or equipment is in every respect willing and able to provide the proposed telephone or telegraph service properly. C. If the commission finds upon substantial evidence that each of the conditions enumerated in Subsection B of this section existed at the time of filing the application and after determining that the public convenience and necessity require that an additional plant or equipment is necessary, the commission shall issue an order in the alternative directing the owner, manager or operator of the plant or equipment then in operation to make such changes and additions in plant as may be reasonably necessary to meet the public convenience and necessity within not less than ninety days or such other additional time as the commission finds from the testimony would be reasonably required to expeditiously make the changes and additions specified and required by the commission. The order shall specifically direct what changes or additions in plant shall be made or what services shall be provided. If such changes or additions are not made within the time ordered by the commission or such additional time as may be ordered, then a certificate of public convenience and necessity for the second plant or equipment may issue. 1953 Comp., § 69-10-9, enacted by Laws 1965, ch. 292, § 9; 1998, ch. 108, § 56.

NMSA 1978, § 63-9-10 Conflict in noncertificated contiguous areas

63-9-10. Conflict in noncertificated contiguous areas If any telephone company in constructing or extending its plant or system in a noncertificated area contiguous to its certificated area shall interfere with the plant or system constructed or extended by another telephone company in such noncertificated area contiguous also to that company's certificated area, the commission, on its own motion, or on complaint of the telephone company injured, may, after a hearing on reasonable notice, make an order prohibiting the construction or extension, or prescribing conditions and location of such construction or extension, or granting a certificate or certificates of public convenience and necessity assigning specific portions of such noncertificated area to one or each of the telephone companies, all after having given due regard to the rights of the respective parties and to the public convenience and necessity. 1953 Comp., § 69-10-10, enacted by Laws 1965, ch. 292, § 10.

NMSA 1978, § 63-9-11 Complaint alleging violation by telephone company

63-9-11. Complaint alleging violation by telephone company A. Complaint may be made by any interested party setting forth any act or omission by a telephone company alleged to be in violation of any provision of this act [63-9-1 to 63-9-19 NMSA 1978] or any order or rule of the commission relating to the issuance or nonissuance of a certificate of public convenience and necessity. B. Upon filing of the complaint the commission shall set the time and place of hearing and at least ten days' notice thereof shall be given to the party complained of. Service of notice of the hearing shall be made in any manner giving actual notice. C. All matters upon which complaint may be founded may be joined in one hearing and a complaint is not defective for misjoinder or nonjoinder of parties or causes, either before the commission or on review by the courts. The persons the commission allows to intervene shall be joined and heard, along with the complainant and the party complained of. D. After conclusion of the hearing the commission shall make and file an order containing its findings of fact and decision. A copy of the order shall be served upon the party complained of or his attorney. E. Conduct of the hearings and rendering of decisions shall be governed by the rules of practice and procedure heretofore or hereafter promulgated by the commission. 1953 Comp., § 69-10-11, enacted by Laws 1965, ch. 292, § 11.

NMSA 1978, § 63-9-15 Validity of orders; substantial compliance with act sufficient

63-9-15. Validity of orders; substantial compliance with act sufficient A substantial compliance by the commission with the requirements of this act [63-9-1 to 63-9-19 NMSA 1978] shall be sufficient to give effect to all rules, orders, acts and regulations of the commission, and they shall not be declared inoperative, illegal or void for any omission of a technical nature, in respect thereto. 1953 Comp., § 69-10-15, enacted by Laws 1965, ch. 292, § 15.

NMSA 1978, § 63-9-16 Appeal to supreme court

63-9-16. Appeal to supreme court A. A telephone company or other party in interest being aggrieved by a final order or determination of the commission pursuant to Sections 63-9-1 through 63-9-19 NMSA 1978 may appeal to the supreme court within thirty days. B. The appeal shall be on the record of the hearing before the commission and shall be governed by the appellate rules applicable to administrative appeals. The supreme court shall affirm the commission's order unless it is: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence in the record; or (3) otherwise not in accordance with law. 1978 Comp., § 63-9-16, enacted by Laws 1998, ch. 108, § 57.

NMSA 1978, § 63-9-19 Injunctions; contempt

63-9-19. Injunctions; contempt The commission may apply to the district court for injunctions to prevent violations of any provision of the Telephone and Telegraph Company Certification Act or of any rule or order of the commission in connection with the issuance or nonissuance of certificates of public convenience and necessity pursuant to that act, and the court has the power to grant injunctions and to enforce injunctions by contempt procedure. 1953 Comp., § 69-10-19, enacted by Laws 1965, ch. 292, § 19; 1998, ch. 108, § 58.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18566/index.doFetched: 10/20/2026