A JOINT MEMORIAL

REQUESTING THE PUBLIC REGULATION COMMISSION TO WORK WITH THE TELECOMMUNICATIONS INDUSTRY FOR THE PURPOSE OF ESTABLISHING REGULATION THAT CONFORMS TO AN INCREASINGLY COMPETITIVE MARKETPLACE.

WHEREAS, the telecommunications industry has undergone significant changes over the past decade; and

WHEREAS, the amount of competition in telecommunications markets has steadily grown, despite the downturn in the economy and in the fortunes of many individual telecommunications companies; and

WHEREAS, there exists a wide disparity in the regulation of telecommunications companies offering the same or similar services to customers in New Mexico, which affects the ability of companies to employ New Mexicans and to invest in the state; and

WHEREAS, the success or failure of competitive services should be determined by the marketplace but is often influenced by outdated regulation; and

WHEREAS, the public regulation commission has stated its preference to address, within the framework of regulatory proceedings rather than within legislation, a new form of regulation of the state's largest telecommunications incumbents that is more responsive to market conditions; and

WHEREAS, the public regulation commission has successfully established an investment and quality-of-service plan, in cooperation with New Mexico's two largest telecommunications incumbents, that has resulted in significant improvements in telecommunications infrastructures and services within the state;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the public regulation commission be requested to work with the telecommunications industry, the public and other interested parties to establish, before January 1, 2004, a streamlined review process for telecommunications services that are or are becoming competitive and a new regulatory standard that builds toward more equitable regulation among providers of the same or similar telecommunications services and allows a greater degree of flexibility for the more regulated companies to respond to changing market conditions; and

BE IT FURTHER RESOLVED that the public regulation commission provide updates of its progress, conclusions and recommendations to the appropriate interim legislative committee and to the governor during 2003; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the public regulation commission, the governor and the attorney general.