SENATE JOINT MEMORIAL 12

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Clinton D. Harden

FOR THE ECONOMIC AND RURAL DEVELOPMENT COMMITTEE

A JOINT MEMORIAL

REQUESTING THE PUBLIC REGULATION COMMISSION TO CONSIDER EQUITY IN THE REGULATION OF TELECOMMUNICATIONS SERVICE PROVIDERS.

     WHEREAS, the New Mexico Telecommunications Act requires that the public regulation commission oversee public telecommunications services, including cable, wireless internet, voice over internet protocol and local exchange services, in New Mexico; and

     WHEREAS, Qwest, a regulated provider, is required to seek approval before it can offer a special promotion or tariff to customers who return to Qwest after being a customer with a different company; and

     WHEREAS, due to regulation by the public regulation commission, Qwest sometimes is not competitive in a market where most cable, wireless internet, voice over internet protocol and local exchange service providers are not regulated; and

     WHEREAS, to date, there are more than fifty-five competitors for cable, wireless internet, voice over internet protocol and local exchange services in the state, none of which is required to submit regular reports on its services to the public regulation commission; and

     WHEREAS, the New Mexico Telecommunications Act was passed twenty years ago to determine whether "effective competition" exists in the telecommunications marketplace; and

     WHEREAS, most cable, wireless internet, voice over internet protocol and local exchange service providers are not regulated for pricing or service quality; and

     WHEREAS, Qwest employs some eight hundred persons in New Mexico, and its employees brought more than seven hundred thirty-five thousand dollars ($735,000) in benefits to New Mexico nonprofits in 2007 through contributions and volunteer time; and

     WHEREAS, Qwest estimates that it is losing almost five thousand potential customers per month to unregulated providers;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the public regulation commission be requested to study whether to regulate other cable, wireless internet, voice over internet protocol and local exchange service providers or to stop its regulation of Qwest; and

     BE IT FURTHER RESOLVED that the public regulation commission poll a cross-section of New Mexico consumers and gauge their views as to whether Qwest should be regulated even though no other telecommunications service provider is regulated; and

     BE IT FURTHER RESOLVED that a representative of the public regulation commission report the commission's findings and recommendations to the appropriate interim legislative committee by October 2009; and

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

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