This rule was
filed as SCC 94-01-TC.
TITLE 17 PUBLIC UTILITIES AND UTILITY
SERVICES
CHAPTER 11 TELECOMMUNICATIONS
PART 15 RULE CONCERNING PAYPHONE
PROVIDERS
17.11.15.1 ISSUING AGENCY:
New Mexico State Corporation Commission [New Mexico Public Regulation
Commission] - Telecommunications Division.
[Recompiled
12/30/01]
17.11.15.2 SCOPE:
This rule is applicable to all payphones operating in New Mexico.
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12/30/01]
17.11.15.3 STATUTORY AUTHORITY:
This rule is adopted pursuant to Article XI of the New Mexico
Constitution.
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17.11.15.4 DURATION:
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17.11.15.5 EFFECTIVE DATE:
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12/30/01]
17.11.15.6 OBJECTIVE:
The purpose of this rule is to establish statewide uniform regulations
governing payphones so as to ensure reasonable compensation for payphone
providers while protecting consumers against unreasonable rates and
restrictions, inadequate service, and payphones in disrepair.
[Recompiled
12/30/01]
17.11.15.7 DEFINITIONS:
As used in this rule, the following terms have the meanings provided,
unless a different meaning is clearly expressed in the context in which the
term is used. The Commission will
interpret the definitions broadly enough to ensure compliance with the purpose
of this rule.
A. Commission means the New Mexico State Corporation
Commission [New Mexico Public Regulation Commission].
B. Consumer means the person initiating a telephone call at
a payphone.
C. Equal access code means an access code that allows the
consumer to obtain an equal access connection to the carrier or operator
service provider associated with that code.
D. Institutional Payphone means a payphone accessible only
to a captive population, such as a jail, prison, other penal facility or mental
hospital.
E. Local Call means a telephone call which originates and
terminates within the same local calling area as defined by the local exchange
company for the area in which the call originates.
F. Payphone means a telephone instrument capable of
providing and/or reselling public telecommunications service by coin or other
billing method.
G. Payphone Provider means a person or entity which provides
and/or resells public telecommunications service by coin or other billing
method from a payphone.
H. Toll call means a telephone call which originates and
terminates in different local calling areas as defined by the local exchange
company for the area in which the call originates.
I. "Watrous" Payphone means a payphone provided
by a local exchange company which the Commission has determined to be necessary
for public health and safety reasons.
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12/30/01]
17.11.15.8 RULE CONCERNING PAYPHONE PROVIDERS:
[Table of Contents]
A. Authority.
[Statutory Authority: 17.11.15.3 NMAC]
B. Purpose.
[Objective: 17.11.15.6 NMAC]
C. Applicability.
[17.11.15.2 NMAC]
D. Exemptions.
[17.11.15.9 NMAC]
E. Definitions.
[17.11.15.7 NMAC]
F. Registration requirements. [17.11.15.10 NMAC]
G. Acknowledgment of registration. [17.11.15.11 NMAC]
H. Fees.
[17.11.15.12 NMAC]
I. Payphone rates and charges. [17.11.15.13 NMAC]
J. Responsibilities of the payphone provider. [17.11.15.14 NMAC]
K. Payphone service and equipment requirements. [17.11.15.15 NMAC]
L. Institutional payphone service and equipment
requirements. [17.11.15.16 NMAC]
M. Signage requirements.
[17.11.15.17 NMAC]
N. Watrous payphones.
[17.11.15.18 NMAC]
O. Complaints.
[17.11.15.19 NMAC]
P. Enforcement.
[17.11.15.20 NMAC]
Q. Transition from old rule to this rule. [17.11.15.21 NMAC]
R. Waiver. [17.11.15.22
NMAC]
S. Severability.
[17.11.15.23 NMAC]
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12/30/01]
17.11.15.9 EXEMPTIONS:
A. Institutional payphones are exempt from sections 9[c],
11, 13, and 14 [Subsection C of 17.11.15.13 NMAC, Sections 15, 17 and 18 of
17.11.15 NMAC] of this rule.
B. Payphones owned by local exchange companies are exempt
from sections 9[a], 9[b], 11[h], and 12[e] [Subsections A and B of 17.11.15.13
NMAC, Subsection H of 17.11.15.15 NMAC, and Subsection E of 17.11.15.16 NMAC]
of this rule.
[Recompiled
12/30/01]
17.11.15.10 REGISTRATION REQUIREMENTS:
A. Prior to offering or providing any public
telecommunications service through a payphone, all payphone providers must
register with the Commission.
B. An application for registration as a payphone provider in
New Mexico must be filed on the form prescribed by the Commission.
C. An equipment report for each payphone instrument
operating in New Mexico must be filed with the Commission on the form
prescribed by the Commission.
D. In addition to the application for registration and the
equipment report(s), the payphone provider must file a copy of the display card
to be posted at every instrument containing all the information required by
Section 13 [17.11.15.17 NMAC].
E. Registration may be denied for failure to provide the
required information or documents, or for failure to remit the required
fees. Notice of denial will include a
statement indicating the reason for rejection.
F. Registration shall be renewed annually by filing an
annual report on a form prescribed by the Commission. The annual report shall be submitted by February 15th of each
year and shall contain information regarding the prior calendar year. At a minimum, the form shall require the
payphone provider to update any information contained in its original
application for registration or last annual report, as appropriate. The form also shall require the payphone
provider to submit a summary of complaints it has received, separated by type
of complaint, and a statement describing what the payphone provider has done in
response to such complaints.
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12/30/01]
17.11.15.11 ACKNOWLEDGMENT OF REGISTRATION:
A Upon receipt of the required forms, fees, and documents,
the commission will issue an acknowledgment of registration.
B. Local exchange companies shall not provide public access
lines to payphones until the payphone provider submits a copy of its
acknowledgment of registration.
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12/30/01]
17.11.15.12 FEES:
The Commission may by order establish a fee schedule for registration of
payphone providers and payphones operating in New Mexico.
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12/30/01]
17.11.15.13 PAYPHONE RATES AND CHARGES:
A. The maximum allowable rate for a local sent paid call
placed from a non-local exchange company-owned payphone shall be determined
periodically by the Commission following notice and a public hearing.
B. The maximum allowable rate for a local directory
assistance call placed from a non-local exchange company-owned payphone shall
be determined periodically by the Commission following notice and a public
hearing.
C. Every payphone operating in New Mexico shall be required
to provide access for the calls listed below without the use of coins or cards
of any type, and without any charge to the consumer.
(1) emergency calls (911 or “0”).
(2) calls to report equipment malfunctions
(repair).
(3) calls to obtain a refund.
(4) access to all operator services
providers.
(5) incoming calls.
D. Neither the consumer nor any third party may be billed
for any surcharges imposed by the payphone provider nor for any other rate or
charge that is not approved for that call by the Commission.
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12/30/01]
17.11.15.14 RESPONSIBILITIES OF THE PAYPHONE
PROVIDER:
A. The payphone provider shall not contract for intrastate
operator services or interexchange services with any company not certificated
by the Commission to provide such services.
Any payphone provider using payphones with automated technology must
itself be certificated by the Commission as an operator services provider
before such automated payphones are put into operation.
B. The payphone provider shall be responsible for all public
access line charges.
C. The payphone provider shall be responsible for repairing,
maintaining and servicing the payphone instrument.
D. All payphones installed in New Mexico shall comply with
state and local laws, Commission rules, current National Electrical Code and
National Electrical Safety Code requirements, and the generally accepted
telecommunications industry technical standards of the National Association of
Regulatory Utility Commissioners.
E. The payphone provider shall notify the Commission in
writing within thirty (30) days of the following changes:
(1) The location and phone number of any
payphones that are newly installed or removed.
(2) Change in name or d/b/a under which the
payphone provider is doing business.
(3) Changes in
name of the payphone provider or its responsible official.
(4) Changes in mailing address or telephone
number of payphone provider.
(5) Acquisition of payphone locations
registered to another payphone provider.
F. The payphone provider shall be responsible for paying
all required fees to the Commission.
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12/30/01]
17.11.15.15 PAYPHONE SERVICE AND EQUIPMENT
REQUIREMENTS: The following requirements apply to all
payphones operating in New Mexico, except institutional payphones, and are the
responsibility of the payphone provider:
A. Each outdoor payphone must have lighting at night if
alternating current is available within fifty feet of the payphone.
B. Coinless payphones are permitted only when at least one
coin-operated payphone is available at the same location. All coin-operated payphones must be capable
of accepting nickels, dimes and quarters.
C. The dial tone must be available without coin.
D. Immediate coin return shall be required for uncompleted
coin calls.
E. The payphone instrument must be maintained in good
repair.
F. Payphones operating in New Mexico must comply with all
applicable federal, state and local laws regarding accessibility by hearing
impaired or physically disabled persons.
G. All payphones installed in New Mexico must provide both
local and toll service.
H. A separate public access line is required for each
payphone instrument installed.
I. An audible bell or other sound shall be required to
indicate an incoming call.
J. Payphone providers shall check each payphone location at
least monthly in order to ensure that they have made a local telephone
directory available at each payphone location.
K. The payphone provider may place reasonable limitations on
the duration of local calls made to or from a payphone, but no time limits may
be placed on emergency phone calls.
L. All payphones operating in New Mexico shall allow the
consumer to use “800” and “950” access code numbers as well as equal access
codes to obtain access to the consumer's desired provider of operator services.
M. All payphones must connect the consumer to the operator
service provider of the consumer's choice as quickly as the payphone provider's
equipment allows.
[Recompiled
12/30/01]
17.11.15.16 INSTITUTIONAL PAYPHONE SERVICE AND
EQUIPMENT REQUIREMENTS: The following requirements apply to all
institutional payphones operating in New Mexico:
A. The dial tone must be available without coin.
B. The payphone instrument must be maintained in good
repair.
C. Payphones operating in New Mexico must comply with all
applicable federal, state and local laws regarding accessibility by hearing
impaired or physically disabled persons.
D. All payphones installed in New Mexico must provide both
local and toll service.
E. A separate public access line is required for each
payphone instrument installed.
F. The payphone provider may place reasonable limitations
on the duration of calls made from a payphone.
[Recompiled
12/30/01]
17.11.15.17 SIGNAGE REQUIREMENTS:
A. The information required by this section must be posted
on or near the payphone instrument, in plain view of consumers.
B. All required instructions must be provided in both
English and Spanish.
C. The sign must contain the following information,
organized in a logical manner, and designed for ease of use and comprehension:
(1) dialing instructions for:
(a) emergencies (911 or “0”);
(b) directory assistance;
(c) obtaining rates for toll calls;
(d) obtaining operator assistance; and
(e) reporting service problems (repair).
(2) any
restrictions on phone use such as limitations on the duration of incoming or
outgoing calls;
(3) the payphone provider's name, address and
telephone number;
(4) telephone number of the payphone
instrument;
(5) the name, address and telephone number of
the presubscribed operator services provider and of any other
telecommunications toll service provider.
(6) the rate for a local call and for a local
directory assistance call.
D. The payphone provider shall comply with all signage
requirements adopted by the Federal Communications Commission.
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12/30/01]
17.11.15.18 WATROUS PAYPHONES:
The commission shall determine annually which payphones should be
"Watrous" payphones and the appropriate local exchange company to
provide them. No "Watrous"
payphone shall be disconnected without prior written authorization from the
State Corporation Commission [Public Regulation Commission].
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12/30/01]
17.11.15.19 COMPLAINTS:
Complaints regarding violations of this rule may be made by any consumer
by writing a letter addressed to the attention of the Director of
Telecommunications, State Corporation Commission [Public Regulation Commission],
P.O. Drawer 1269, Santa Fe, New Mexico 87504-1269.
[Recompiled
12/30/01]
17.11.15.20 ENFORCEMENT:
A. Initiation of proceedings: Upon receipt of a complaint alleging a violation of this rule, or
on its own motion, the Commission may initiate enforcement proceedings in
accordance with the Rules of Procedure for the State Corporation Commission
[Public Regulation Commission].
B. Penalties: The
Commission may assess such penalties as allowed by law, including but not
limited to:
(1) statutory fines;
(2) public access line disconnection; or
(3) revocation of registration.
C. Other penalties:
The assessment of any penalty by the Commission for a violation of this
rule does not preclude the assessment of a penalty by any other New Mexico
agency for violation of its rules arising from the same cause.
[Recompiled
12/30/01]
17.11.15.21 TRANSITION FROM OLD RULE TO THIS RULE:
A. Registration:
Payphone providers currently registered under the Commission's COCOTs
regulation pursuant to Docket No. 1084 (SCC Rule No. 85-8, In the Matter of
Adoption of Rules and Regulations for the Placement and Operation of Customer
Owned Coin Operated Telephones) shall continue to be authorized as payphone
providers. The Commission shall notify
currently registered payphone providers on a staggered basis as to the form and
manner of filing reregistration forms and equipment reports to bring them into
compliance with the requirements of this rule.
B. Equipment:
Payphone providers may petition the Commission for permission to
continue using existing equipment that does not meet the requirements of this
rule. If the Commission finds, after
notice and a public hearing, that the petitioner has shown that there is good
cause to grant such permission, that it is in the public interest to do so, and
that it will not violate FCC requirements, the Commission may approve the
petition.
[Recompiled
12/30/01]
17.11.15.22 WAIVER:
The Commission recognizes that public health and safety may in rare
cases require an exception to a requirement contained in this rule. In those cases, the payphone provider may
petition the Commission for a waiver of a particular requirement. After notice to all interested parties, the
Commission will hold a public hearing on the matter. The burden will be on the payphone provider to prove that the
circumstances regarding a particular payphone will adversely affect the public
health and safety if a waiver of a certain requirement is not granted.
[Recompiled
12/30/01]
17.11.15.23 SEVERABILITY:
If any part of this rule is held invalid, the remainder, or its
application to other situations or persons, shall not be affected.
[Recompiled
12/30/01]
HISTORY OF
17.11.15 NMAC:
Pre-NMAC
History: The material in this part was
derived from that previously filed with the Commission of Public Records-State
Records Center and Archives.
SCC 85-5, In The
Matter Of Adoption Of Rules And Regulations For The Placement And Operation Of
Customer Owned Coin Operated Telephones 7/1/85.
SCC 85-8, Rules
And Regulations For Placement And
Operation Of Customer Owned Coin Operated Telephones, 9/19/85.
SCC 94-01-TC,
Rule Concerning Payphone Providers; 4/5/94.
History of
Repealed Material: [RESERVED]