45th legislature - STATE OF NEW MEXICO - first session, 2001

REQUESTING THAT THE APPROPRIATE INTERIM COMMITTEE STUDY THE JURISDICTION OF THE PUBLIC REGULATION COMMISSION OVER COMMERCIAL MOBILE RADIO SERVICE PROVIDERS AND REQUESTING THAT THE PUBLIC REGULATION COMMISSION REFRAIN FROM ACTION REGARDING THOSE PROVIDERS UNTIL THE INTERIM COMMITTEE MAKES ITS REPORT TO THE LEGISLATURE AND THE LEGISLATURE HAS HAD OPPORTUNITY TO TAKE ACTION.

WHEREAS, in utility case number 3437 the public regulation commission promulgated rules relating to the provision of services by commercial mobile radio service providers, also referred to as wireless providers; and

WHEREAS, the public regulation commission based its jurisdiction to promulgate those rules on its general authority under Sections 8-8-4 and 8-8-5 NMSA 1978, as well as on Section 63-9A-8.2 NMSA 1978, a part of the New Mexico Telecommunications Act; and

WHEREAS, questions have been raised as to the nature and extent of the public regulation commission's authority pursuant to state and federal law to regulate wireless providers; and

WHEREAS, wireless services are currently being provided by numerous competitive carriers throughout New Mexico, and the degree and extent of competition evident in the wireless services market may minimize the need for regulatory oversight; and

WHEREAS, it is desirable to clarify the public regulation commission's jurisdiction pursuant to state law and to ensure that there is consistency between state and federal laws relating to the commission's jurisdiction;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New Mexico legislative council be requested to direct the appropriate interim committee to study the nature and extent of the public regulation commission's jurisdiction over wireless providers pursuant to state and federal law and develop recommendations for clarifying that jurisdiction in a manner consistent with federal law and with the policy standards contained in the New Mexico Telecommunications Act; and

BE IT FURTHER RESOLVED that the interim committee seek and accept testimony and written comments from all interested parties, especially with regard to the issues raised in utility case number 3437; and

BE IT FURTHER RESOLVED that the interim committee report its findings and recommendations, including proposed legislation, if any, by December 1, 2001, prior to the second session of the forty-fifth legislature; and

BE IT FURTHER RESOLVED that the public regulation commission be requested to refrain from further promulgation of rules relating to the provision of commercial mobile radio services by wireless providers until the interim committee has completed its study and submitted its report and the legislature has had opportunity to act upon the report; and

BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the New Mexico legislative council and the public regulation commission.