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 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 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 in keeping with the purposes of the New Mexico Telecommunications 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. All certificates of public convenience and necessity shall:

(1) continue in force, notwithstanding the provisions of this section; 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 this section.

History: Laws 1985, ch. 242, § 6; 1987, ch. 21, § 3; 2001, ch. 107, § 1.

The 2001 amendment, effective July 1, 2001, deleted former Subsections D and E, regarding the prohibition of competition for certain telecommunications companies under certain conditions, and under what conditions competition would be allowed, respectively; and renumbered the remaining subsection accordingly.

Certificates required prior to service. — Telecommunications companies are required to obtain certificates of public convenience and necessity from the public regulation commission before they may offer services. Qwest Corp. v. City of Santa Fe, 380 F.3d 1258 (10th Cir. 2004).