HOUSE BILL 107

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Roberto "Bobby" J. Gonzales

FOR THE SCIENCE, TECHNOLOGY AND TELECOMMUNICATIONS COMMITTEE AND THE ECONOMIC AND RURAL DEVELOPMENT COMMITTEE

AN ACT

RELATING TO TELECOMMUNICATIONS; AMENDING THE NEW MEXICO TELECOMMUNICATIONS ACT TO PERMIT THE ALLOCATION OF RELOCATION COSTS TO TELECOMMUNICATIONS COMPANY CUSTOMERS.

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] ALLOCATION OF RELOCATION COSTS TO CUSTOMERS--COMMISSION AUDIT.--

          A. Notwithstanding any other provision of law, telecommunications companies shall be entitled to recover from their retail customers, without a request for a change in rates, the actual costs incurred for the alteration, change, moving or relocation of infrastructure or facilities requested by the state or a political subdivision or instrumentality of the state. Thirty days prior to assessing retail customers a fee to recover actual costs incurred for the alteration, change, moving or relocation of infrastructure or facilities requested by the state or a political subdivision or instrumentality of the state, a telecommunications company shall notify the commission in writing of the imposition of the fee that the company intends to impose on the company's retail customers and shall show the fee as a separate line item on the customer's bill.

          B. Upon petition by an interested party or on its own motion, the commission may conduct an investigation to verify that a fee imposed by a telecommunications company recovers the actual costs incurred. In such an investigation, the commission shall verify the actual costs that may be recovered from the telecommunications company's retail customers. In the event the commission, based on evidence presented at a hearing, finds that a telecommunications company is not recovering its actual costs incurred, the commission shall order modifications or adjustments to a fee imposed pursuant to this section so that the telecommunications company may recover its actual costs.

          C. As used in this section:

                (1) "actual costs" includes all capital and non-capital costs, not otherwise recoverable, incurred to relocate infrastructure or facilities as well as all costs incurred to remove any infrastructure or facilities up to a maximum amount in any twelve-month period of one million dollars ($1,000,000); "actual costs" does not include the cost of upgrading the facility being relocated; and

                (2) "infrastructure or facilities" includes infrastructure or facilities used to provide interstate and intrastate services, including regulated, unregulated and deregulated services."

     Section 2. APPLICABILITY.--The provisions of this act shall apply to costs incurred after July 1, 2010 to relocate infrastructure or facilities as well as all costs incurred after July 1, 2010 to remove any infrastructure or facilities.

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.

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