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.
History: 1978 Comp., § 63-9-16, enacted by Laws 1998, ch. 108, § 57.
Effective dates. — Laws 1998, ch. 108, § 83 made Laws 1998, ch. 108, § 57 effective January 1, 1999.
Repeals and reenactments. — Laws 1998, ch. 108, § 57 repealed former 63-9-16 NMSA 1978, as enacted by Laws 1965, ch. 292, § 16, and enacted a new 63-9-16 NMSA 1978, effective January 1, 1999.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 74 Am. Jur. 2d Telecommunications §§ 34, 35.
Structure New Mexico Statutes
Chapter 63 - Railroads and Communications
Article 9 - Telephone and Telegraph Companies
Section 63-9-3 - Certificate required for operation.
Section 63-9-4 - Certificate for operations.
Section 63-9-5 - Application for certificate.
Section 63-9-6 - Issuance of certificate; territory on map.
Section 63-9-7 - Duty to exercise authority; discontinuance.
Section 63-9-8 - Assignability.
Section 63-9-9 - Nonduplication in certificated areas.
Section 63-9-10 - Conflict in noncertificated contiguous areas.
Section 63-9-11 - Complaint alleging violation by telephone company.
Section 63-9-12 to 63-9-14 - Repealed.
Section 63-9-15 - Validity of orders; substantial compliance with act sufficient.