46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO TELECOMMUNICATIONS; CREATING PROVISIONS TO REGULATE QUALITY OF SERVICE FOR WIRELESS CARRIERS IN NEW MEXICO.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Wireless Carriers Regulatory Act".

Section 2. DEFINITIONS.--As used in the Wireless Carriers Regulatory Act:

A. "commission" means the public regulation commission; and

B. "wireless carrier" means a person offering mobile radio service, radio paging service or wireless telecommunications service for a fee in New Mexico intrastate commerce.

Section 3. WIRELESS CARRIERS--REGISTRATION--FEES.--A wireless carrier providing telecommunications service in New Mexico shall file a registration form with and pay a registration fee to the commission. The commission shall set the fee by rule in an amount sufficient to cover the costs of administering the registration process but not to exceed fifty dollars ($50.00). A wireless carrier operating in New Mexico prior to January 1, 2004, and continuing to operate in New Mexico on and after January 1, 2004, shall register with the commission prior to April 1, 2004. A wireless carrier that begins operating in New Mexico on or after January 1, 2004 shall first register with the commission.

Section 4. REGISTRATION FORM.--

A. The commission shall prescribe the registration form and it shall include at a minimum:

(1) the name, address, telephone number and email address of a contact person concerning the telecommunications relay system as described in the Telecommunications Access Act and related surcharges, if applicable;

(2) the name, address, telephone number and email address of a contact person concerning the wireless enhanced 911 fund and related surcharges, if applicable; and

(3) the name, address, telephone number and email address of a contact person concerning consumer complaints and inquiries.

B. The wireless carrier shall keep current the information required by this section and shall notify the commission of any changes to such information within sixty days after the change.

Section 5. QUALITY OF SERVICE STANDARDS.--The commission shall create rules setting forth quality of service standards for wireless carriers operating in New Mexico.

Section 6. ADMINISTRATIVE FINES.--The commission may administratively fine any wireless carrier that violates the provisions of the Wireless Carriers Regulatory Act.

Section 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.