0001| SENATE BILL 1225
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| TIMOTHY Z. JENNINGS
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO TELECOMMUNICATIONS; PROVIDING THAT A TELEPHONE
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0012| COMPANY'S CERTIFICATED AREA INCLUDES ANY AREA WITHIN SEVENTY-
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0013| FIVE MILES OF CERTAIN MUNICIPALITIES.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 63-9-2 NMSA 1978 (being Laws 1965,
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0017| Chapter 292, Section 2, as amended) is amended to read:
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0018| "63-9-2. DEFINITIONS.--As used in the Telephone and
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0019| Telegraph Company Certification Act:
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0020| A. "commission" means the state corporation
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0021| commission;
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0022| B. "telephone company" means a company,
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0023| corporation, partnership, individual or others, not engaged
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0024| solely in interstate business, furnishing mobile telephone
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0025| service or radio paging;
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0001| C. "public utility telephone service" means making
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0002| and offering mobile telephone or radio paging service to or for
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0003| the public generally and being ready, willing and able to
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0004| furnish such service with adequate equipment; and
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0005| D. "certificated area" means the geographical area
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0006| [which] that a telephone company is authorized to serve,
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0007| including any area within a seventy-five mile radius of any
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0008| municipality within the area having a population of fifteen
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0009| thousand or more at the last federal decennial census, except
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0010| and to the extent it is part of the certificated area of
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0011| another telephone company, by a certificate of public
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0012| convenience and necessity and which is defined on the map as
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0013| part of the certificate."
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0014| Section 2. Section 63-9-6 NMSA 1978 (being Laws 1965,
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0015| Chapter 292, Section 6) is amended to read:
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0016| "63-9-6. ISSUANCE OF CERTIFICATE--TERRITORY ON MAP.--
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0017| A. After conclusion of a hearing on an application
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0018| for a certificate of convenience and necessity, the commission
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0019| shall make and file an order containing its findings of fact
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0020| and decision. The order shall become operative twenty days
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0021| after issuance, except as the commission may otherwise provide.
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0022| B. The commission shall grant all certificates as
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0023| required by Section [4 of this act] 63-9-3 NMSA 1978 and the
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0024| New Mexico Telecommunications Act.
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0025| C. [As to all applications other than those based
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upon Section 4 of this act] The commission has the power,
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0002| after having determined public convenience and necessity, to
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0003| grant a certificate as applied for or to refuse to grant it or
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0004| to grant it for the construction or operation of only a portion
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0005| of the contemplated plant or system or extension [thereof] or
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0006| for the partial exercise only of the rights and privilege
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0007| sought and may attach to the exercise of the rights and
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0008| privilege granted by a certificate such terms and conditions as
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0009| in its judgment the public convenience and necessity may re-
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0010|
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0011| quire.
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0012| D. The geographical field or area that a telephone
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0013| company is authorized and required to serve by a certificate
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0014| shall be defined on a map [which will] that shall be part
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0015| of the certificate. The commission shall prescribe the form of
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0016| the map to be used. Notwithstanding any other provision of
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0017| law, the certificated service area shall include any area
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0018| within a seventy-five mile radius of any municipality within
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0019| the area having a population of fifteen thousand or more at the
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0020| last federal decennial census, except and to the extent it is
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0021| part of the certificated area of another telephone company."
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0022| Section 3. Section 63-9-7 NMSA 1978 (being Laws 1965,
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0023| Chapter 292, Section 7) is amended to read:
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0024| "63-9-7. DUTY TO EXERCISE AUTHORITY--DISCONTINUANCE.--
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0025| A. Unless exercised within a period designated by
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0001| the commission, exclusive of any delay due to the order of any
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0002| court, authority conferred by a certificate of convenience and
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0003| necessity issued by the commission shall be void. The
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0004| beginning of the construction of a plant or system, in good
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0005| faith, within the time prescribed by the commission and the
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0006| prosecution of the same with reasonable diligence in proportion
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0007| to the magnitude of the undertaking shall constitute an ex-
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0008|
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0009| ercise of the authority.
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0010| B. The holder of a certificate shall render
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0011| continuous and adequate service to the public and shall not
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0012| discontinue, reduce or impair service to a certificated area or
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0013| part of a certificated area, including any area within a
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0014| seventy-five mile radius of any municipality within the area
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0015| having a population of fifteen thousand or more at the last
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0016| federal decennial census, except ordinary discontinuance of
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0017| service for nonpayment of charges, nonuse and similar reasons
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0018| in the usual course of business, unless and until there
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0019| [shall] has first [have] been obtained from the
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0020| commission a certificate that neither the present nor future
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0021| public convenience and necessity will be adversely affected
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0022| thereby; except that the commission may, upon appropriate
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0023| request being made, authorize temporary or emergency
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0024| discontinuance, reduction or impairment of service without
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0025| regard to the provisions of this section; provided, however,
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0001| that nothing in this section shall be construed as requiring a
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0002| certificate from the commission for any installation,
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0003| replacement or other changes in plant, operation or equipment
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0004| [which] that will not impair the adequacy or quality of
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0005| service provided."
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