New Mexico Register / Volume XXXIII, Issue 16 / August 23, 2022

NOTICE OF PROPOSED RULEMAKING

DOCKET NO. 20-00170-UT

The New Mexico Public Regulation Commission (the “commission”) hereby gives notice of its initiation of a proposed rulemaking to consider and potentially to adopt amendments/repeal/replace to 17.11.28 NMAC, “Institutional Operator Service Provider.”

Summary of the full text of the proposed rule and short explanation of its purpose: The commission is considering amending/repealing/replacing its rule regulating rates and charges by institutional operator service providers (“IOSPS”). IOSPs provide telecommunications services to incarcerated persons. The commission’s IOSP rule was last amended in August 2013. The commission proposes amendments and will consider alternative amendments to the rule to address changes in technology and applicable law, changes in the industry, and to ensure reasonable rate regulation for IOSPs while protecting incarcerated persons against unreasonable rates and inadequate service.

Legal authority authorizing the proposed rule and the adoption of the rule: The commission has the authority to promulgate and adopt the proposed rule under the New Mexico Constitution, Article XI, Sec. 2, under Paragraph 10 of Subsection B of 8-8-4 NMSA 1978, Section 63-7-1.1 and Section 63-9A-5, NMSA 1978.

How a copy of the full text of the proposed rule can be obtained: A copy of the full text of the proposed rule and instructions for accessing the complete rulemaking record can be obtained from the rulemaking page on the commission’s website at https://www.nm-prc.org/rulemaking-proceedings/ or by contacting Laurie Ann Trujillo of the commission’s office of general counsel at (505) 670-4830.

How a person can comment on the proposed rule, where comments will be received and when comments are due: Any person wishing to comment on the proposed rule may do so by submitting written initial comments no later than September 30, 2022. Any person wishing to respond to initial comments may do so by submitting written response comments no later than October 14, 2022. Comments can be electronically filed by sending them in PDF format to prc.records@state.nm.us. Comments must refer to Docket No. 20-00170-UT. All written comments will be posted on the commission’s website within three days of their receipt by the records bureau. The record closure date for this proceeding is November 1, 2022. From that date through the completion of this proceeding, rulemaking participants will be forbidden from communicating with the commission or its representatives concerning substantive issues in this proceeding.

When and where a public rule hearing will be held and how a person can participate in the hearing: A public hearing on the proposed rule and any proposed alternative amendments to the rule, to be presided over by the commission or its designee, will be held beginning at 10:00 a.m. on October 27, 2022, via the Zoom online platform. Any person who wishes to make a comment at the hearing must contact Laurie Ann Trujillo at (505) 670-4830 or laurieann.trujillo1@state.nm.us by no later than 12:00 noon on October 25, 2022 to sign up as a hearing participant. The commission’s office of general counsel will email a Zoom invitation to all hearing participants the day before the hearing. The Zoom invitation will include a call-in number for those participants who are unable to access the Zoom platform via computer. The hearing will be held in order to receive oral comments. In the interest of administrative efficiency, only commenters who have not submitted written comments will be allowed to speak. In addition, any commenter may be limited to five minutes to speak, subject to the discretion of the commission or its designee. The commission or its designee may also determine that a spokesperson should be designated to speak on behalf of an organization, a group, or a group of individuals that shares the same message or seeks the same goals, in order to maximize the efficiency of the public comment hearing. No testimony or other evidence will be taken at the hearing as this is a rulemaking proceeding. A court reporter will prepare a transcript of the hearing for filing the rulemaking docket, Docket No. 20-00170-UT. Any person with a disability requiring special assistance in order to participate in the hearing should contact Renada Peery-Galon at (505) 467-9116 at least 48 hours prior to the commencement of the hearing.

Instructions on how to access the complete rulemaking record, reports and other items filed in the commission’s e-docket system can be found at https://www.nm-prc.org/rulemaking-proceedings/.