New Mexico Statutes
Article 9A - Telecommunications Services
Section 63-9A-2 - Purpose.

The legislature declares that it remains the policy of the state of New Mexico to maintain the availability of access to telecommunications services at affordable rates. Furthermore, it is the policy of this state to have comparable telecommunications service rates, as established by the commission, for comparable markets or market areas. To the extent that it is consistent with maintaining availability of access to service at affordable rates and comparable telecommunications service rates, it is further the policy of this state to encourage competition in the provision of public telecommunications services, thereby allowing access by the public to resulting rapid advances in telecommunications technology. It is the purpose of the New Mexico Telecommunications Act to permit a regulatory framework that will allow an orderly transition from a regulated telecommunications industry to a competitive market environment. It is further the intent of the legislature that the encouragement of competition in the provision of public telecommunications services will result in greater investment in the telecommunications infrastructure in the state, improved service quality and operations and lower prices for such services.
History: Laws 1985, ch. 242, § 2; 1987, ch. 21, § 1; 2000, ch. 100, § 3; 2000, ch. 102, § 3.
The 2000 amendment, effective March 7, 2000, changed "comparable message communications" to "comparable telecommunications" in the second and third sentences, substituted "provision of public telecommunications services" for "telecommunications industry" in the third sentence, and added the last sentence in the section.
Laws 2000, ch. 100, § 3 and Laws 2000, ch. 102, § 3, both effective March 7, 2000, enacted identical amendments to this section. The section was set out as amended by Laws 2000, ch. 102, § 3. See 12-1-8 NMSA 1978.
This article applicable to high-speed data transmission services. Las Cruces TV Cable v. N.M. SCC, 1985-NMSC-087, 103 N.M. 345, 707 P.2d 1155.
Constitutionality of commission order relating to primary orders. — Commission's order to a telephone local exchange carrier imposing a state-wide standard of zero primary orders held over 30 days did not violate substantive due process, nor amount to an illegal taking of property or violation of equal protection under the federal or state constitutions. U.S. W. Commc'ns, Inc. v. N.M. SCC, 1997-NMSC-031, 123 N.M. 554, 943 P.2d 1007.
Commission order regarding cost accounting held valid. — State corporation commission's (now public regulation commission) order to a telephone local exchange carrier requiring that all costs of the carrier's service guarantee and alternative programs be booked below-the-line for rate-making purposes was supported by the evidence and was not a penalty. U.S. W. Commc'ns, Inc. v. N.M. SCC, 1997-NMSC-031, 123 N.M. 554, 943 P.2d 1007.