Cellular Telephone Services

NMSA 1978 ch. 63, art. 9B

in effect

NMSA 1978, § 63-9B-1 Short title

63-9B-1. Short title Chapter 63, Article 9B NMSA 1978 may be cited as the "Cellular Telephone Services Act". Laws 1987, ch. 296, § 1; 1998, ch. 108, § 65.

NMSA 1978, § 63-9B-2 Purpose

63-9B-2. Purpose The legislature declares that it is the policy of the state of New Mexico to permit cellular telephone service to operate in this state as authorized by the federal communications commission. It is the purpose of the Cellular Telephone Services Act to permit a regulatory framework that will allow modification and detariffing of cellular telephone services as may be justified by the existence of competition in cellular telephone services in New Mexico. Laws 1987 ch. 296, § 2.

NMSA 1978, § 63-9B-3 Definitions

63-9B-3. Definitions As used in the Cellular Telephone Services Act: A. "commission" means the public regulation commission; B. "cellular service company" means a cellular telephone company that uses cellular telephone equipment and is a radio common carrier or telephone or telecommunications company licensed by the federal communications commission. A cellular service company operates a cellular system that is a high capacity land mobile system in which assigned spectrum is divided into discrete channels that are assigned in groups to geographic cells covering a cellular geographic area, as defined by the federal communications commission. "Cellular service company" does not include noncellular radio common carrier service, including noncellular mobile telephone service, radio-paging service or one-way cable television service; and C. "certificated area" means the geographical area that a cellular service 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 issued under such law authorizing the issuance of a certificate of public convenience and necessity for such purpose. Laws 1987, ch. 296, § 3; 1998, ch. 108, § 66.

NMSA 1978, § 63-9B-4 Operation, regulation and tariffs

63-9B-4. Operation, regulation and tariffs A. A cellular service company may provide cellular telephone services in a certificated area as authorized by law and the commission, subject to reasonable rules and regulations of the commission or as otherwise provided by law. The provisions of Section 63-9A-6 NMSA 1978 shall not be construed to prevent a certificated cellular service company from providing cellular services in the certificated service territory of a telecommunications company having an exclusive right to provide local exchange service. B. If the commission finds after holding hearings requested by any interested party or by its own motion that more than one cellular service company licensed by the federal communications commission is operating in all or part of a certificated area, then the commission may determine that competition in cellular telephone services exists in such area. C. When the commission has made a determination that cellular telephone services are subject to competition, the commission shall, consistent with the purposes of the Cellular Telephone Services Act, modify, reduce or eliminate rules, regulations and other requirements applicable to the provision for such service including the fixing and determining of specific rates, tariffs or fares for the service. The commission's action may include the detariffing of service or the establishment of minimum rates which will cover the costs for the service. Laws 1987, ch. 296, § 4.

NMSA 1978, § 63-9B-4.1 Wireless emergency alerts; AMBER alert notification

63-9B-4.1. Wireless emergency alerts; AMBER alert notification A. Each commercial mobile radio service provider that is authorized to conduct business in New Mexico shall submit to the authorized requester, designated by the chief of the New Mexico state police pursuant to the AMBER Alert Law [29-15A-1 to 29-15A-5 NMSA 1978], the provider's procedure for receiving a wireless emergency alert, including an AMBER alert, and for disseminating those alerts to the provider's customers as provided in this section. B. Every alerting authority that has the necessary computer software or other infrastructure shall use the federal emergency management agency's integrated public alert and warning system or its successor federal public alert system to communicate wireless emergency alerts. C. Upon receipt of a wireless emergency alert initiated by an alerting authority, every commercial mobile radio service provider shall disseminate the wireless emergency alert to the provider's customers in the geographic area identified in the wireless emergency alert. Dissemination of a wireless emergency alert as provided in this section shall be undertaken in the most technically efficient manner possible, using standard network sharing protocol from authorized agencies or their respective communication contractors. D. A wireless emergency alert disseminated pursuant to this section shall be disseminated at no additional expense to a provider's customer. E. As used in this section: (1) "alerting authority" means a state, local or tribal government that is authorized to use the federal emergency management agency's integrated public alert and warning system to communicate a wireless emergency alert; (2) "commercial mobile radio service provider" means a federal communications commission licensee that provides commercial radio communication service for profit and that makes interconnected service available to the public in the state; (3) "integrated public alert and warning system" means an internet-based system that provides for the dissemination of a wireless emergency alert; and (4) "wireless emergency alert" means a public alert disseminated pursuant to the integrated public alert and warning system by an alerting authority through a commercial mobile radio service provider and includes: (a) an extreme weather or other emergency alert; (b) an AMBER alert; and (c) an alert issued by the president during a national emergency. Laws 2005, ch. 142, § 2; 2015, ch. 14, § 1.

NMSA 1978, § 63-9B-5 Complaint alleging violation by provider of telecommunications services

63-9B-5. Complaint alleging violation by provider of telecommunications services A. Complaint may be made by any interested party setting forth any act or omission by a cellular service company alleged to be in violation of any provision of the Cellular Telephone Services Act or any order or rule of the commission issued pursuant to that act. B. Upon filing of the complaint, the commission shall set the time and place of hearing and at least ten days' notice of the hearing 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. The burden shall be on the party complaining to show a violation of a provision of the Cellular Telephone Services Act or an order or rule of the commission issued pursuant to that act. E. 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. F. Conduct of the hearings and rendering of decisions shall be governed by the rules of practice and procedure promulgated by the commission. Laws 1987, ch. 296, § 5.

NMSA 1978, § 63-9B-6 Validity of orders; substantial compliance with act sufficient

63-9B-6. Validity of orders; substantial compliance with act sufficient A substantial compliance by the commission with the requirements of the Cellular Telephone Services Act 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. Laws 1987, ch. 296, § 6.

NMSA 1978, § 63-9B-8 Appeal of orders of the commission

63-9B-8. Appeal of orders of the commission A cellular service company or other person in interest being aggrieved by an order or determination of the commission under the Cellular Telephone Services Act may file a notice of appeal in the supreme court asking for a review of the commission's final orders. A notice of appeal shall be filed within thirty days after the entry of the commission's final order. Every notice of appeal shall name the commission as appellee and shall identify the order from which the appeal is taken. Any person whose rights may be directly affected by the appeal may appear and become a party, or the supreme court may upon proper notice order any person to be joined as a party. Laws 1987, ch. 296, § 8; 1998, ch. 108, § 67.

NMSA 1978, § 63-9B-9 Notice to the commission

63-9B-9. Notice to the commission Upon the filing of a notice of appeal, the appellant shall cause a copy to be served upon the commission and parties of record in the proceeding before the commission in the manner prescribed by the Rules of Appellate Procedure for Civil Cases. Within thirty days after service of the notice of appeal or such further time as the supreme court for good cause may specify, the commission shall certify to the supreme court the record of the testimony taken before the commission and all exhibits offered or received in evidence at the hearing before the commission and all pleadings, findings, conclusions, orders and opinions, or certified copies thereof, made and entered in, or in connection with, the hearing before the commission; provided, however, that the parties and the commission may stipulate that a specified portion only of the testimony taken at the hearing before the commission shall be certified to the supreme court for review on appeal. Laws 1987, ch. 296, § 9.

NMSA 1978, § 63-9B-10 Appeal on the record

63-9B-10. Appeal on the record A. The appeal shall be on the record made before the commission and shall be governed by the appellate rules applicable to administrative appeals. B. 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. Laws 1987, ch. 296, § 10; 1998, ch. 108, § 68.

NMSA 1978, § 63-9B-14 Injunctions; contempt

63-9B-14. Injunctions; contempt The commission may apply to the district court for injunctions to prevent violations of any provision of the Cellular Telephone Services Act or of any rule or order of the commission issued pursuant to that act, and the court has the power to grant injunctions and to enforce injunctions by contempt procedure. Laws 1987, ch. 296, § 14; 1998, ch. 108, § 69.

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