SENATE BILL 83

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Bill Tallman and Crystal R. Diamond

 

 

 

 

 

AN ACT

RELATING TO TELECOMMUNICATIONS; AMENDING THE CRAMMING AND SLAMMING ACT; CLARIFYING THE DEFINITION OF "CRAMMING".

 

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

     SECTION 1. Section 63-9G-2 NMSA 1978 (being Laws 1999, Chapter 138, Section 2) is amended to read:

     "63-9G-2. DEFINITIONS.--As used in the Cramming and Slamming Act:

          A. "billing aggregator" means a person that bills customers for goods or services provided by others and that uses a local exchange company as a billing agent;

          B. "commission" means the public regulation commission;

          C. "cramming" means:

                (1) charging a customer for telecommunications services that were not authorized by the customer;

                (2) charging a customer for goods or services that are not telecommunications services and were not authorized by the customer; or

                (3) using a sweepstakes, contest or drawing entry form as authorization to change or add telecommunications services to a customer's telephone bill;

          D. "customer" means the person whose name appears on the telephone bill or the person responsible for payment of the telephone bill;

          E. "local exchange company" means a provider that provides local exchange services;

          F. "local exchange services" means the transmission of two-way interactive communications within a local exchange area described in maps, tariffs or rate schedules filed with the commission where local exchange rates apply;

          G. "provider" means a telephone company, transmission company, telecommunications common carrier, telecommunications company, cellular or other wireless telecommunications service company, cable television service, telecommunications reseller, billing aggregator or other person that bills directly or has a billing contract with a local exchange company;

          H. "slamming" means:

                (1) changing a customer's provider without the customer's authorization; or

                (2) using a sweepstakes, contest or drawing entry form as authorization to change a customer's provider; and

          I. "telecommunications service" means the transmission of signs, signals, writings, images, sounds, messages, data or other information of any nature by wire, radio, lightwaves or other electromagnetic means or goods and services related to the transmission of information that are provided by the provider; provided that a good or service that does not meet the definition of "telecommunications service" does not become a telecommunications service merely because it is bundled with a telecommunications service for marketing or billing purposes."

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