44th legislature - STATE OF NEW MEXICO - first session, 1999
RELATING TO TELECOMMUNICATIONS; REVISING THE NEW MEXICO TELECOMMUNICATIONS ACT; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 63-9A-2 NMSA 1978 (being Laws 1985, Chapter 242, Section 2, as amended) is amended to read:
"63-9A-2. PURPOSE.--The legislature declares that it
remains the policy of the state of New Mexico to maintain the
availability of access to telecommunications services at
affordable rates. Furthermore, it is the policy of this state
to have comparable message telecommunications service rates,
as established by the commission, for comparable markets or
market areas. To the extent that it is consistent with
maintaining availability of access to service at affordable
rates [and comparable message telecommunications service
rates], it is further the policy of this state to encourage
competition and reduce regulation in the telecommunications
industry, thereby allowing access by the public to resulting
rapid advances in telecommunications technology. It is the
purpose of the New Mexico Telecommunications Act to permit a
regulatory framework that will allow an orderly transition
from a regulated telecommunications industry to a competitive
market environment consistent with the federal act. Further,
the legislature finds that as part of that regulatory
framework, it is necessary to provide disparate regulatory
treatment between rural telephone carriers and nonrural
telephone carriers in order to enable accomplishment of the
goals established by its declared policies. Disparate
regulatory treatment is particularly necessary for those
citizens who reside in rural New Mexico because those rural
areas constitute the bulk of the surface area within the
boundaries of the state. Disparate regulatory treatment for
rural telephone carriers requires relaxed regulation for rural
telephone carriers with the objectives of reducing the cost of
regulation as well as the regulatory burden, permitting
pricing flexibility and expediting required rate approvals,
all in a manner consistent with both the purpose of an orderly
transition from regulation to a competitive market environment
and the federal act."
Section 2. Section 63-9A-3 NMSA 1978 (being Laws 1985, Chapter 242, Section 3, as amended) is amended to read:
"63-9A-3. DEFINITIONS.--As used in the New Mexico Telecommunications Act:
A. "affordable rates" means [local exchange] basic
service rates that promote universal service within a local
exchange service area, giving consideration to the economic
conditions and costs to provide service in [such] the area in
which service is provided;
B. "basic service" means service that is provided to an end-user customer that is consistent with the federal act;
[B.] C. "cable television service" means the one-way transmission to subscribers of video programming or other
programming service and subscriber interaction, if any, that
is required for the selection of [such] the video programming
or other programming service;
[C.] D. "commission" means the public regulation
commission;
[D.] E. "competitive telecommunications service"
means a service that has been determined to be subject to
effective competition [pursuant to Section 63-9A-8 NMSA 1978;
E. "effective competition" means that the
customers of the service have reasonably available and
comparable alternatives to the service];
F. "eligible telecommunications carrier" means an eligible telecommunications carrier as defined in the federal act;
G. "federal act" means the federal Telecommunications Act of 1996;
[F.] H. "fund" means the [New Mexico] state
universal service fund;
I. "incumbent local exchange carrier" means a person that:
(1) was designated as an eligible telecommunications carrier by the state corporation commission in Docket #97-93 TC by order dated October 23, 1997, or that provided local exchange service in this state on February 8, 1996; or
(2) became a successor or assignee of an incumbent local exchange carrier;
J. "incumbent rural telecommunications carrier" means a local exchange carrier that serves fewer than fifty thousand access lines within the state and was designated as an eligible telecommunications carrier by the state corporation commission on or before November 1, 1997, including any successor in interest;
[G.] K. "local exchange area" means a geographic
area encompassing one or more local communities, as described
in maps, tariffs or rate schedules filed with the commission,
where local exchange rates apply;
[H.] L. "local exchange service" means the
transmission of two-way interactive switched voice
communications furnished by a telecommunications [company]
carrier within a local exchange area;
[I.] M. "message telecommunications service" means
telecommunications service between local exchange areas that
originate and terminate within the state for which charges are
made on a per-unit basis, not including wide-area
telecommunications service, or its equivalent, or individually
negotiated contracts for telecommunications services;
[J. "noncompetitive telecommunications service"
means a service that has not been determined to be subject to
effective competition pursuant to Section 63-9A-8 NMSA 1978;
K.] N. "private telecommunications service" means
a system, including [the] its construction, maintenance or
operation [thereof], for the provision of telecommunications
service, or any portion of that service, by a person for the
sole and exclusive use of that person and not for resale,
directly or indirectly. For purposes of this definition, the
person that may use [such] the service includes any affiliates
of the person if at least eighty percent of the assets or
voting stock of the affiliates is owned by the person. If any
other person uses the telecommunications service, whether for
hire or not, the private telecommunications service is a
public telecommunications service;
[L.] O. "public telecommunications service" means
the transmission of signs, signals, writings, images, sounds,
messages, data or other information of any nature by wire,
radio, lightwaves or other electromagnetic means originating
and terminating in this state regardless of actual call
routing. "Public telecommunications service" does not include
the provision of terminal equipment used to originate or
terminate [such] the service; private telecommunications
service; broadcast transmissions by radio, television and
satellite broadcast stations regulated by the federal
communications commission; radio common carrier services,
including mobile telephone service and radio paging; or one-way cable television service; and
[M.] P. "telecommunications [company] carrier"
means a person that provides public telecommunications
service."
Section 3. Section 63-9A-5 NMSA 1978 (being Laws 1985, Chapter 242, Section 5) is amended to read:
"63-9A-5. REGULATION BY COMMISSION.--Except as otherwise
provided in the New Mexico Telecommunications Act or the
federal act, each public telecommunications service is
declared to be affected with the public interest and, as such,
subject to the provisions of [that act] those acts, including
the regulation thereof as [hereinafter] provided in those
acts."
Section 4. Section 63-9A-6 NMSA 1978 (being Laws 1985, Chapter 242, Section 6, as amended) is amended to read:
"63-9A-6. CERTIFICATE REQUIRED.--
A. No public telecommunications service shall be offered in this state except in accordance with the provisions of the New Mexico Telecommunications Act.
B. No public telecommunications service shall be
offered within this state without the telecommunications
[company] carrier first having obtained from the commission a
certificate declaring that the operation is in the present or
future public convenience and necessity, unless the operation
is otherwise authorized by the New Mexico Telecommunications
Act.
C. The commission [shall have] has full power and
authority to determine matters of public convenience and
necessity relating to the issuance of a certificate of public
convenience and necessity to a provider of public
telecommunications service [provided, however, that] but in
keeping with the purposes of the New Mexico Telecommunications
Act and the federal act, the commission shall not deny an
applicant a certificate on the grounds of need if it is shown
that the applicant possesses adequate financial resources and
technical competency to provide the service. [It shall be
within the discretion of the commission to determine when and
upon what conditions plant, equipment or services may be
provided under certificates of public convenience and
necessity, by more than one person, and the commission may
attach to the exercise of rights granted by the certificate
such terms and conditions as, in its judgment, the public
convenience and necessity may require or as otherwise
authorized.
D. Notwithstanding the provisions of Subsection C
of this section, any telecommunications company with less than
one hundred thousand access lines holding a certificate of
public convenience and necessity to provide local exchange
service to the public shall have the exclusive right to
provide local exchange service within its certificated service
territory and shall not be subject to competition in the
provision of local exchange service in its certificated
service territory unless the commission determines that public
convenience and necessity require additional plant or
equipment for the provision of local exchange service within
the certificated service territory of the existing
telecommunications company and a certificate of public
convenience and necessity is granted pursuant to Subsection E
of this section.]
D. For purposes of considering and acting upon applications for certificates pursuant to this section, the commission may adopt rules on a competitively neutral basis and consistent with the provisions of the New Mexico Telecommunications Act and the federal act, necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of public telecommunications services and safeguard the rights of the consumers.
E. In determining whether [public convenience and
necessity require an additional] to issue a certificate to
provide [local exchange] telecommunications service [in a
certificated service territory], the commission shall [in a
proceeding in which the telecommunications company
certificated in the affected area is a party] consider [and
determine upon substantial evidence that] the following:
[conditions exist:
(1) the existing telecommunications company
is inadequate to meet the reasonable needs and convenience of
the public;
(2) the proposed second plant or equipment
would eliminate such inadequacy;
(3) it is economically feasible to operate
the proposed second plant or equipment successfully and
continuously for the furnishing of local exchange service;
(4)] (1) whether the applicant [for the second
plant or equipment] has sufficient financial resources to
provide the proposed local exchange service properly and
continuously;
[(5)] (2) whether the applicant [for the
second plant or equipment] has competent and experienced
management and personnel to provide the proposed local
exchange service;
[(6)] (3) whether the applicant [for the
second plant or equipment] is willing and able to conform to
[the constitution of New Mexico and] all applicable laws [of
New Mexico] and the rules [and regulations] of the commission
[(7) the applicant for the second plant or
equipment is in every respect willing and able to provide the
proposed local exchange service properly; and
(8) granting the additional certificate to
the applicant shall not have a significant adverse impact on
the existing telecommunications company] applicable generally
to providers of telecommunications; and
(4) if any exemption, suspension or modification is available to any provider of the subject service in the subject area.
F. All certificates of public convenience and necessity shall:
(1) continue in force, notwithstanding the
provisions of this section [63-9A-2 NMSA 1978]; and
(2) remain subject to all terms and
conditions imposed by statute or commission order at the time
of issuance or in connection with any subsequent amendment,
notwithstanding the provisions of [that] this section."
Section 5. Section 63-9A-6.1 NMSA 1978 (being Laws 1987, Chapter 21, Section 4, as amended) is amended to read:
"63-9A-6.1. [NEW MEXICO] STATE UNIVERSAL SERVICE FUND--ESTABLISHMENT--BOARD.--
A. The commission shall [establish] implement no
later than January 1, 2000 a "[New Mexico] state universal
service fund" to maintain [existing residential local exchange
service] and support at affordable rates those public
telecommunications services as are determined by the
commission. On July 1, 1999, balances in the existing New
Mexico universal service fund shall be transferred into the
state universal service fund, and the New Mexico universal
service fund shall cease to exist.
B. The fund shall be financed by a [uniform]
surcharge on all [local exchange service customers at a rate
to be determined by the commission] intrastate retail public
telecommunications services revenue, excluding revenue from
services provided pursuant to a low-income telephone
assistance plan billed to end-user customers by a
telecommunications carrier, and excluding from revenue all
amounts from surcharges, gross receipts taxes, excise taxes,
franchise fees and similar charges. For the purpose of
funding the fund, the commission has the authority to apply
the surcharge on all end-user retail public telecommunications
services provided in the state by telecommunications carriers
and to comparable retail alternative services provided by
telecommunications carriers and non-telecommunications
carriers, including commercial mobile radio services, operator
services and aggregator services, offered by providers other
than telecommunications carriers, at a competitively and
technologically neutral rate or rates to be determined by the
commission. In prescribing competitively and technologically
neutral surcharge rates, the commission may make distinctions
between services subject to a surcharge, but it shall require
telecommunications carriers and non-telecommunications
carriers to apply uniform surcharge rates for the same or
comparable services. Money deposited in the fund is not
public money, and the administration of the fund is not
subject to the provisions of law regulating public funds. The
commission shall not apply surcharges to a private
telecommunications network.
C. The fund shall be competitively and technologically neutral, equitable and nondiscriminatory in its collection and distribution of funds, portable between eligible telecommunications carriers, targeted to high-cost rural areas, and additionally shall provide a specific, predictable and sufficient support mechanism as determined by the commission that reduces implicit subsidies, including access charges and ensures universal service in the state.
[C.] D. The commission shall:
(1) establish eligibility criteria for
participation in the fund [which assure the availability of
service at affordable rates without unreasonably increasing
rates to local exchange service and message telecommunications
service customers] consistent with federal law that ensure the
availability of service at affordable rates without
unreasonably increasing rates for basic service while still
granting eligible telecommunications carriers a reasonable
profit on supported services in geographic areas requiring
support from the fund, but the eligibility criteria shall not
require any investigations of the costs or rates of a
telecommunications carrier receiving support from the fund
other than that provided for in Subsection E of this section.
The eligibility criteria shall not restrict or limit an
eligible telecommunications carrier from receiving federal
universal service support;
(2) [determine which companies meet the
eligibility criteria; and
(3)] provide for the collection of the
surcharge on a competitively neutral basis and for the
administration and disbursement of money from the fund;
(3) determine those geographic areas and local exchange services requiring support from the fund; and
(4) provide for the separate administration and disbursement of federal universal service funds consistent with federal law.
[D.] E. The commission shall adopt rules [and
regulations] for the implementation and administration of the
fund in accordance with the provisions of this section. The
cost basis for establishing the fund and determining the rate
of distribution of the new fund for areas served by an
incumbent rural telecommunications carrier with fewer than
fifty thousand access lines shall be the same cost of and
shall be consistent with the federal support mechanisms for
providing the supported service by geographic area, determined
by the federal communications commission. The cost basis
established by the commission for areas served by
telecommunications carriers with fewer than fifty thousand
access lines shall include the same return authorized by the
federal communications commission for use in rates filed by
the national exchange carriers association at the federal
communications commission for member carriers. The revenue
basis for rural telecommunications carriers with fewer than
fifty thousand access lines shall include only revenues from
public telecommunications services provided by the eligible
telecommunications carrier. The cost basis for establishing
the fund and determining the rate of distribution of the fund
for areas served by incumbent local exchange carriers with
fifty thousand or more access lines shall be the forward
looking economic cost of providing the supported service in
the geographic area as determined by the commission.
[E.] F. The commission shall [establish a board
composed of representatives from the providers of local
exchange service], upon implementation of the fund, select a
neutral third party administrator to collect, administer and
disburse money from the fund under the supervision and control
of the commission pursuant to the established criteria and the
rules [and regulations] promulgated by the commission. The
administrator may be reasonably compensated for the specified
services from the surcharge proceeds to be received by the
fund pursuant to Subsection C of this section. The
administrator shall consult with an advisory board established
by the commission composed of representatives from all
participating providers. For purposes of this subsection, the
commission shall not be a neutral third party administrator.
G. The fund established by the commission shall ensure the availability of local exchange service as determined by the commission at affordable rates in rural high cost areas of the state.
H. To ensure that providers of intrastate message telecommunications service contribute to the fund and to further ensure that the surcharge to be paid by the end-user customer will be held to a minimum, no later than December 31, 1999, the commission shall adopt rules, or take other appropriate action, to require all such providers to participate in a plan to ensure accurate reporting of intrastate retail long distance revenues.
I. Access charges and other intrastate telecommunications services, other than basic local exchange service, may be considered for reductions as an offset to payments received by a telecommunications carrier from the fund. Any reductions in charges for access services resulting from compliance with this section shall be passed on for the benefit of consumers in New Mexico."
Section 6. Section 63-9A-8 NMSA 1978 (being Laws 1985, Chapter 242, Section 8, as amended) is amended to read:
"63-9A-8. REGULATION OF RATES AND CHARGES.--
A. In accordance with the policy established in
the New Mexico Telecommunications Act, the commission shall,
by its own motion or upon petition by any interested party,
hold hearings to determine if any public telecommunications
service is subject to effective competition in the relevant
market area. When the commission has made a determination
that a service or part of a service is subject to effective
competition, the commission shall, consistent with the
purposes of the New Mexico Telecommunications Act, modify,
reduce or eliminate rules [regulations] and other requirements
applicable to the provision of [such] the service, including
the fixing and determining of specific rates, tariffs or fares
for the service. The commission's action may include the
detariffing of service or the establishment of minimum rates
which will cover the costs for the service. [Such] The
modification shall be consistent with the maintenance of the
availability of access to [local exchange] basic service at
affordable rates [and comparable message telecommunication
service rates] as established by the commission for comparable
markets or market areas, except that volume discounts or other
discounts based on reasonable business purposes shall be
permitted. Upon petition or request of an affected
telecommunications [company] carrier, the commission, upon a
finding that the requirements of Subsection C of this section
are met, shall modify the same or similar regulatory
requirements for those providers of comparable public
telecommunications services in the same relevant markets so
that there shall be parity of regulatory standards and
requirements for all such providers.
B. In determining whether a service is subject to effective competition, the commission shall consider the following:
(1) the extent to which services are reasonably available from alternate providers in the relevant market area;
(2) the ability of alternate providers to make functionally equivalent or substitute services readily available at competitive rates, terms and conditions; and
(3) existing economic or regulatory barriers.
C. No provider of public telecommunications service may use current revenues earned or expenses incurred in conjunction with any noncompetitive service to subsidize competitive public telecommunications services. In order to avoid cross-subsidization of competitive services by noncompetitive telecommunications services, prices or rates charged for a competitive telecommunications service shall cover the cost for the provision of the service. In any proceeding held pursuant to this section, the party providing the service shall bear the burden of proving that the prices charged for competitive telecommunications services cover cost.
D. The commission may, upon its own motion or on the petition of an interested party and after notice to all interested parties and customers and a hearing, reclassify any service previously determined to be a competitive telecommunications service if after a hearing the commission finds that a service is not subject to effective competition."
Section 7. Section 63-9A-8.1 NMSA 1978 (being Laws 1998, Chapter 108, Section 61) is amended to read:
"63-9A-8.1. CHANGE IN RATES.--
A. At a hearing involving an increase in rates or
charges sought by a telecommunications [company] carrier, the
burden of proof to show that the increased rate or charge is
just and reasonable shall be upon the [company] carrier.
B. Unless the commission otherwise orders, no
telecommunications [company] carrier shall make a change in an
established rate except after thirty days' notice to the
commission, which notice shall plainly state the changes
proposed to be made in the rates then in force, the time when
the changed rates will go into effect and other information as
the commission by rule requires. The telecommunications
[company] carrier shall also give notice of the proposed
changes to other interested persons as the commission may
direct. All proposed changes shall be shown by filing new
schedules that shall be kept open to public inspection. The
commission for good cause shown may allow changes in rates
without requiring the thirty days' notice, under conditions
that it may prescribe.
C. Whenever a telecommunications [company] carrier
files a complete application proposing new rates, the
commission may, upon complaint or upon its own initiative,
except as otherwise provided by law, upon reasonable notice,
enter upon a hearing concerning the reasonableness of the
proposed rates. If the commission determines a hearing is
necessary, it shall suspend the operation of the proposed
rates before they become effective but not for a longer
initial period than nine months beyond the time when the rates
would otherwise go into effect, unless the commission finds
that a longer time will be required, in which case the
commission may extend the period for an additional three
months. The commission shall hear and decide cases with
reasonable promptness. The commission shall adopt rules
identifying criteria for various rate and tariff filings to be
eligible for suspension periods shorter than [what is] the
times allowed by this subsection and to be eligible for
summary approval without hearing.
D. If after a hearing the commission finds the
proposed rates to be unjust, unreasonable or in any way in
violation of law, the commission shall determine the just and
reasonable rates to be charged or applied by the
telecommunications [company] carrier for the service in
question and shall fix the rates by order to be served upon
the telecommunications [company] carrier; or the commission by
its order shall direct the telecommunications [company]
carrier to file new rates respecting such service that are
just and reasonable. Those rates shall thereafter be observed
until changed as provided by the New Mexico Telecommunications
Act."
Section 8. A new Section 63-9A-8.2 NMSA 1978 is enacted to read:
"63-9A-8.2. [NEW MATERIAL] REGULATION OF RETAIL RATES OF INCUMBENT RURAL TELECOMMUNICATIONS CARRIER.--
A. Rates for retail public telecommunications services provided by an incumbent rural telecommunications carrier shall be subject to regulation by the commission only in the manner and to the extent authorized by this section.
B. An incumbent rural telecommunications carrier shall file tariffs for all retail public telecommunications services, other than residential local exchange service, that shall be effective after ten days' notice to the commission and publication in a local newspaper in the incumbent serving area.
C. Rates for residential local exchange service may be increased by an incumbent rural telecommunications carrier only after sixty days' notice to all affected subscribers. The notice of increase shall include:
(1) the reasons for the rate increase;
(2) a description of the affected service;
(3) an explanation of the right of the subscriber to petition the commission for a public hearing on the rate increase;
(4) a list of local exchange areas that are affected by the proposed rate increase; and
(5) the dates, times and places for the public informational meetings required by this section.
D. An incumbent rural telecommunications carrier may increase its rates for residential local exchange service in the manner otherwise provided in this section as necessary to recover a reasonable allocation of costs incurred due to requirements imposed by any federal or state law or rule or regulation. An incumbent rural telecommunications carrier that proposes to increase its rates for residential local exchange service shall hold at least one public informational meeting in each public regulation commissioner's district as established by the Public Regulation Commission Apportionment Act in which there is a local exchange area affected by the rate change.
E. Residential local exchange service rates increased by a rural telecommunications carrier pursuant to Subsection C of this section shall be reviewed by the commission only upon written protest signed by two and one-half percent of all affected subscribers or upon the commission staff's own motion for good cause. The protest shall specifically set forth the particular rate or charge as to which review is requested, the reasons for the requested review and the relief that the persons protesting desire. If a proper protest is presented to the commission within sixty days after the date the notice of the rate change was sent to affected subscribers of an incumbent rural telephone carrier, the commission may accept and file the complaint and, upon proper notice, may suspend the rates at issue during the pendency of the proceedings and reinstate the rates previously in effect and shall hold and complete a hearing thereon within ninety days after filing to determine if the rates as proposed are fair, just and reasonable. The commission may, within sixty days after close of the hearing, enter an order adjusting the rates at issue, except that the commission shall not set any rate below the intrastate cost of providing the service that will include cost and rate of return in accordance with Subsection E of Section 63-9A-6.1 NMSA 1978. In the order the commission may order a refund of amounts collected in excess of the rates and charges as approved at the hearing, which may be paid as a credit against billings for future services. If the complaint is denied, the commission shall enter an order denying the complaint within sixty days after the close of the hearing, and the rates shall be deemed approved. For purposes of this section, cost shall also include a reasonable amount of joint and common costs incurred by the telecommunications carrier in its operations and may include other accounting adjustments authorized by the commission.
F. A rural telecommunications carrier that serves less than five percent of the state's aggregate, statewide subscriber lines may at any time elect to file an application with the commission requesting the commission to prescribe fair, just and reasonable rates for the carrier based on the carrier's revenue, expenses and investment in accordance with traditional rate-making principles.
G. Rates for local exchange, vertical and message telecommunications services to retail end-user customers may be reduced to a level equal to, but not below, the intrastate cost, which will include cost and rate of return, pursuant to Subsection E of Section 63-9A-6.1 NMSA 1978, of providing the retail service. If a rural telecommunications carrier loses its exemption under Section 251 of the federal act, the rate for a service, excluding basic service, must cover the cost of the service, including the imputed rate of wholesale service elements as may be required by the commission. The cost of message telecommunications service must also include any interexchange access rates charged to another telecommunications carrier for the service.
H. An incumbent rural telecommunications carrier operating pursuant to this section shall have the ability to offer or discontinue offering special incentives, discounts, packaged offerings, temporary rate waivers or other promotions, or to offer individual contracts."
Section 9. Section 63-9A-9 NMSA 1978 (being Laws 1985, Chapter 242, Section 9, as amended) is amended to read:
"63-9A-9. REGULATION OF INDIVIDUAL CONTRACTS TO FACILITATE COMPETITION.--
A. In accordance with the provisions of this
section, the commission shall regulate the rates, charges and
service conditions for individual contracts for public
telecommunications services in a manner [which] that
facilitates effective competition and shall authorize the
provision of all or any portion of a public telecommunications
service under stated or negotiated terms to any person or
entity that has acquired or is preparing to acquire, through
construction, lease or any other form of acquisition, similar
public telecommunications services from an alternate source.
B. At any time, the provider of public
telecommunications services may file a verified application
with the commission for authorization to provide a public
telecommunications service on an individual contract basis.
The application shall describe the telecommunications services
to be offered, the party to be served and the parties offering
the service, together with [such] other information and in
[such] a form [as] that the commission may prescribe. Such
additional information shall be reasonably related to the
determination of the existence of a competitive offer. A
determination of effective competition pursuant to Section
63-9A-8 NMSA 1978 shall not be necessary to file an
application or to have an application granted by the
commission pursuant to this section.
C. An application is deemed approved when filed
unless the commission denies it. The commission shall approve
or deny any such application within ten days after filing or
[such other] a different period [as shall be] established by
the commission, not to exceed sixty days, giving consideration
to the requirements of any contract negotiations. If the
commission has not acted on any application within the time
period established, the application [shall be] is deemed
granted. The commission shall deny the application only upon
a finding that the application fails to set forth prescribed
information or that the subject or comparable services are not
being offered to the customer by parties other than the
applicant or that the contract fails to cover the costs of the
service.
D. Within ten days after the conclusion of negotiations, the provider of public telecommunications services shall file with the commission the final contract or other evidence of the service to be provided, together with the charges and other conditions of the service, which shall be maintained by the commission on a confidential basis subject to an appropriate protective order."
Section 10. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.