HOUSE BILL 1129

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Ben Lujan

AN ACT

RELATING TO PUBLIC REGULATION; PROVIDING FOR CABLE TELEVISION SERVICE PROVIDERS TO EXPLAIN CHANGES IN THEIR RATES IN A PUBLIC FORUM; IMPOSING PENALTIES IN CERTAIN SITUATIONS; PROVIDING FOR APPEALS.

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] CUSTOMER SERVICE--EXPLANATION OF CABLE TELEVISION RATE INCREASES.-- 

          A. The purpose of this section is to provide an opportunity to subscribers and customers of a cable television service to hear from and discuss with a cable operator, as that term is defined in 47 U.S.C. Section 522, as amended, the need and rationale for an increase in cable television service rates.

          B. Within thirty days of the effective date of an increase in its rates for cable television service, a cable operator shall deliver a written notice to the commission of the increase, including in the notice a request that the commission set a date, time and place for a public meeting where the cable operator shall explain to and discuss with the public the need and rationale for the increase. Upon receipt of the notice, the commission, in consultation with the cable operator, shall set a date, time and place for the public meeting and shall give public notice of the meeting that it deems appropriate.

          C. If a cable operator does not provide the notice required in Subsection B of this section, then the commission, by its own motion or upon the request of an interested party, shall order the cable operator to appear at a public meeting to explain to and discuss with the public the need and rationale for the increase. The order shall state the date, time and place of the public meeting, and the commission shall give public notice of the meeting that it deems appropriate.

          D. The commission may impose civil penalties on a cable operator who fails, without good cause shown, to comply with the requirements of Subsections B and C of this section as follows:

                (1) if a cable operator fails to provide the written notice required by Subsection B of this section, the commission shall impose a penalty of one thousand dollars ($1,000) a day for each business day after the effective date of a rate increase that the cable operator does not deliver a written notice of the increase to the commission, up to a total penalty of ten thousand dollars ($10,000); and

                (2) if a cable operator fails to attend a public meeting for which the commission has given public notice of its date, time and place pursuant to Subsection B or C of this section, the commission shall impose a penalty of one thousand dollars ($1,000) a day for the day of the missed meeting and for each business day after the date of the meeting that the cable operator does not contact the commission to schedule another meeting date, up to a total penalty of ten thousand dollars ($10,000).

          E. The imposition of a civil penalty pursuant to Subsection D of this section shall be considered a final decision of the commission denying relief to the cable operator, and a cable operator may appeal the imposition of that penalty to the district court pursuant to Section 39-3-1.1 NMSA 1978. The provisions of Sections 63-9A-14 and 63-9A-16 NMSA 1978 do not apply to this section."

- 3 -