A. An 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.
History: Laws 1999, ch. 295, § 13.
Effective dates. — Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
Cross references. — For the Rules of Appellate Procedure, see Rule 12-101 NMRA.
Structure New Mexico Statutes
Chapter 63 - Railroads and Communications
Article 9H - Rural Telecommunications
Section 63-9H-1 - Short title.
Section 63-9H-3 - Definitions.
Section 63-9H-4 - Regulation by commission.
Section 63-9H-5 - Certificate required.
Section 63-9H-6 - State rural universal service fund; establishment.
Section 63-9H-7 - Regulation of retail rates of incumbent rural telecommunications carrier.
Section 63-9H-8 - Exemption for private service.
Section 63-9H-9 - Regulation of individual contracts to facilitate competition.
Section 63-9H-11 - Validity of orders; substantial compliance with act sufficient.
Section 63-9H-12 - Appeal of orders of the commission.