SENATE BILL 638

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Rod Adair

AN ACT

RELATING TO TELECOMMUNICATIONS; PROVIDING CERTAIN SETTLEMENT RESTRICTIONS IF CERTAIN ORDERS OF THE PUBLIC REGULATION COMMISSION ARE APPEALED; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

     Section 1. A new section of the New Mexico Telecommunications Act is enacted to read:

     "[NEW MATERIAL] SETTLEMENT OF AN APPEALED ORDER--RESTRICTIONS--TELECOMMUNICATIONS SETTLEMENT FUND.--

          A. If, in a final order of the commission, the commission mandates the payment of a fine, the payment of refunds or credits to customers, the construction of specific infrastructure or the construction of a specific monetary amount of infrastructure, upon the filing of a notice of appeal with the supreme court by a telecommunications company for a review of the order, the commission shall not compromise the matter or settle the dispute prior to a final decision by the supreme court unless:

                (1) the telecommunications company agrees to comply fully with the original order; or

                (2) the telecommunications company and the commission agree to a monetary payment by the telecommunications company and either:

                     (a) pursuant to an equitable distribution procedure adopted by rule of the commission, the entire amount is refunded or credited to customers of the telecommunications company; or

                     (b) the amount is deposited into the telecommunications settlement fund for appropriation by the legislature to benefit customers of the telecommunications company.

          B. The "telecommunications settlement fund" is created in the state treasury. The fund shall consist of deposits of payments made by telecommunications companies pursuant to Subparagraph (b) of Paragraph (2) of Subsection A of this section. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. Money in the fund is subject to appropriation by the legislature to benefit customers of the payor telecommunications company. Upon a deposit into the fund, the commission shall recommend a plan to the next regular session of the legislature in which appropriations from the fund will benefit the customers. Expenditures from the fund shall be made on warrant of the secretary of finance and administration on vouchers signed by the chair of the commission."

     Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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