Statement Of Generally Available Terms And Conditions

An ILEC may, pursuant to 47 U.S.C. Section 252(f), prepare and file with the commission a statement of terms and conditions for interconnection that it generally offers within New Mexico. A. The commission shall approve, modify, or reject the statement in accordance with the requirements set forth in 47 U.S.C. Section 252(f), subsections (2)-(4). B. The submission or approval of a statement of generally available terms and conditions shall not relieve an ILEC of its duty to negotiate the terms and conditions of an interconnection agreement pursuant to 47 U.S.C. Section 251(c)(1). [17.11.18.21 NMAC - N, 1-1-01; 17.11.18.21 NMAC - Rn, 17.11.18.20 NMAC, 08-15-06] 17.11.18.22 SUSPENSION OR MODIFICATION OF CERTAIN REQUIREMENTS FOR RURAL LECS: A. Interconnection obligations. A rural LEC serving fewer than two percent of the aggregate subscriber lines installed nationwide may file an application with the commission for suspension or modification of the requirements of 47 U.S.C. Section 251, subsections (b) and (c), and 17.11.18.8 NMAC through 17.11.18.13 NMAC applicable to the local exchange service facilities specified in the application. B. Costing and pricing requirements. An ILEC that qualifies as a rural LEC may file an application with the commission for suspension or modification of the requirements of 17.11.18.14 NMAC through 17.11.18.16 NMAC. C. Standards for approval. Consistent with the public interest, convenience and necessity, the commission may grant the application to the extent and for the duration the commission deems necessary to avoid: (1) a significant adverse economic impact on users of telecommunications services generally; (2) imposing a requirement that is unduly economically burdensome; or (3) imposing a requirement that is technically unfeasible. D. Timeframe for commission action. The commission shall act upon an application within one hundred eighty (180) days of its receipt. Pending such action, the commission may temporarily suspend or modify the requirement to which the application applies with respect to the provider filing the application. [17.11.18.22 NMAC - N, 1-1-01; 17.11.18.22 NMAC - Rn, 17.11.18.21 NMAC & A, 08-15-06] 17.11.18.23 QUALITY OF SERVICE STANDARDS APPLICABLE TO ILEC INTERCONNECTION FACILITIES AND UNES: In the event a standard for a specific interconnection facility or UNE is not prescribed in this rule, an ILEC shall meet generally accepted industry standards for that facility or UNE established by the institute of electrical and electronics engineers (IEEE), the American national standards institute (ANSI), Bellcore, or the FCC. 17.11.18 NMAC 10