HOUSE JOINT MEMORIAL 9

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Ray Begaye

A JOINT MEMORIAL

REQUESTING THE APPROPRIATE INTERIM LEGISLATIVE COMMITTEE TO CONSIDER REDUCED REGULATION FOR INCUMBENT RURAL TELECOMMUNICATIONS CARRIERS.

     WHEREAS, the legislature has declared in the Rural Telecommunications Act of New Mexico that it is the policy of the state of New Mexico to maintain the availability of telecommunications services for rural customers at affordable rates and, to the extent that it is consistent with making such affordable services available for rural customers, it is also the policy of the state to encourage competition and reduce regulation in the telecommunications industry so as to allow access by the public to advances in telecommunications technology; and

     WHEREAS, the legislature has further declared in the Rural Telecommunications Act of New Mexico that, to accomplish the state's declared goals, it is necessary to provide disparate regulatory treatment between rural telephone carriers and nonrural telephone carriers; and

     WHEREAS, the legislature has further declared in the Rural Telecommunications Act of New Mexico that disparate regulatory treatment for rural telephone carriers requires "relaxed regulation for rural telephone carriers with the objective of reducing the cost of regulation as well as the regulatory burden, permitting pricing flexibility and expediting required rate approvals"; and

     WHEREAS, there continue to be rapid and significant advances in telecommunications technology and increased competition in the telecommunications industry, including in rural high-cost areas of New Mexico; and

     WHEREAS, the federal communications commission recently announced its intention to establish extensive new regulatory policies and mechanisms for the telecommunications industry that may adversely affect the ability of New Mexico's rural telecommunications carriers to make local telecommunications services available at affordable rates for customers in rural high-cost areas of the state; and

     WHEREAS, the legislature is concerned that, despite prior legislative declarations and provisions, the current regulations and practices of the public regulation commission do not provide sufficiently relaxed regulation for incumbent rural telecommunications carriers to ensure the widespread availability of local exchange services at affordable rates in the rural high-cost areas of the state. More specifically, the legislature is concerned that the public regulation commission's current regulations and practices do not, among other things, provide an appropriate expedited time limitation for the commission to act on requests by an incumbent rural telecommunications carrier for regulatory relief, do not provide for reasonable limitations on the scope and amount of supporting documentation and other evidence required to obtain regulatory relief to ensure that affordable telecommunications services are available for rural customers and do not otherwise provide for streamlined and expedited proceedings to ensure that there is a reduced regulatory burden and reduced expense for incumbent rural telecommunications carriers seeking regulatory relief from the public regulation commission; and

     WHEREAS, it is in the public interest for the legislature, the public regulation commission and affected parties to consider the matter of reduced regulation for incumbent rural telecommunications carriers to ensure the widespread availability of affordable rates in rural high-cost areas of the state;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the appropriate interim legislative committee be requested to work with the public regulation commission, the New Mexico attorney general and the telecommunications industry to review and consider the extent to which reduced regulation for incumbent rural telecommunications carriers is required to ensure the widespread availability of local telecommunications services at affordable rates in rural high-cost areas of the state; and

     BE IT FURTHER RESOLVED that the appropriate interim legislative committee report its findings to the senate leadership, the house leadership and the governor prior to December 2012; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the co-chairs of the New Mexico legislative council, the chair of the public regulation commission, the New Mexico attorney general and the governor.

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