N.M. Code R. § 17.11.4.10

Current through Register Vol. 35, No. 16, August 27, 2024

Section 17.11.4.10 - PROCEDURES FOR APPLICATION FOR A CERTIFICATE OF REGISTRATION TO PROVIDE RESOLD INTRASTATE LONG DISTANCE TELECOMMUNICATIONS SERVICES

A. Any person, corporation, municipal corporation, partnership or association proposing to act as a reseller within this state shall first make application to the commission for a certificate of registration. Such application shall conform to the provisions of this rule.

B. An application for a certificate of registration to provide resale of long distance telecommunications services must contain the following:

(1) Financial information detailing the applicant's financial resources that will support provision of the resold service in a manner that ensures continued quality of telecommunications services and safeguards consumer and public interests. This includes the filing of:

(1) monthly balance sheets and monthly income statements of the applicant, or any affiliated entity of the applicant if that entity will provide the financial support for the resold services, covering the most recent twelve-month period available. If the company, or entity providing financial support to the applicant, does not keep monthly financial documentation as described above, then quarterly financial documents covering the most recent twelve-month period shall be provided to the commission in lieu thereof;

(2) the most recent audited year-end financial statement available. If the applicant does not maintain audited year-end financial statements, the applicant may provide an unaudited year-end financial statement together with a notarized verification from the applicant's chief financial officer, or person charged with financial responsibility for the company, attesting that the financial statement provided is a true and correct representation of the company's year-end financial position;

(3) a detailed description of what the financial information submitted signifies in terms of the applicant's ability to provide resold telecommunications services within this state properly and continuously. This description shall detail the applicant's current financial position and describe the financial trend of the applicant over the last twelve-month period and should be supported by specific references to the financial documents which were provided in conformance with subsections (1) and (2) above.

(2) A detailed demonstration of the technical competence of the applicant to provide the telecommunications services addressed in the application including a detailed description of the qualifications and experience of the applicant's management personnel who will oversee provision of the proposed resold telecommunications services.

(3) A detailed description of the proposed market to be served by the applicant with reference to both the geographic market (e.g., Albuquerque, New Mexico) and the customer class (e.g., residential customers).

(4) A detailed description of the exact and particular telecommunications service or services the applicant proposes to provide.

(5) The proposed tariff to be used by the applicant detailing all rates, charges, terms and conditions governing the provision of intrastate long distance telecommunications services and the proposed ratemaking methodology used in determining the tariff's proposed rates.

(6) A demonstration that the applicant is authorized to do business by the corporations department of the commission in New Mexico and that the applicant is in good corporate standing in New Mexico.

(7) A listing of all states in which the applicant is authorized to provide telecommunications services and a statement as to whether or not the applicant is in good standing with the appropriate regulatory agency in each of those states, and, if applicable, a detailed explanation of why the applicant is not in good standing in a given state.

(8) A listing of any states in which the applicant has been denied a certificate of authority or had its pre-existing certification revoked, if applicable, and a detailed explanation of why the applicant's application for authority to provide telecommunications services in another state was rejected or its authority to provide such services revoked, if applicable.

(9) A listing of any state in which an investigation, formal complaint and/or enforcement proceeding against the applicant has been initiated and a detailed description of the subject matter of such proceeding and of the outcome, or, if still pending, the status of such proceeding.

C. Upon the applicant's filing of a completed application for a certificate of registration, the commission will expeditiously review the application. After such review, the commission will either:

(1) request further information from applicant;

(2) issue a notice of proposed agency action; or

(3) issue the applicant a notice of inquiry concerning the applicant's application for a certificate of registration. Notices of inquiry regarding an application may result in a hearing subject to the commission's notice and hearing requirements contained in the commission's rules of procedure.

N.M. Code R. § 17.11.4.10

11-15-96; Recompiled 12/31/01