N.M. Admin. Code § 17.11.22.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 17.11.22.7 - DEFINITIONS

As used in this rule:

A. access line means a dial tone line that provides local exchange service from a carrier's switching equipment to a point of termination at the customer's network interface;

B. answer means a company representative is ready to assist the customer or is ready to accept information necessary to process the call;

C. basic local exchange service means the customer's voice grade access to the public switched network, dual tone multifrequency (DTMF) signaling or its functional equivalent, and access to emergency services (911 and E-911), operator services, toll services, directory assistance, and toll blocking services for qualifying low income customers;

D. busy hour means the uninterrupted period of sixty (60) minutes during the day when traffic is at a maximum;

E. carrier means any person that furnishes telecommunications service to the public subject to the jurisdiction of the commission, regardless of the facilities used and regardless of whether the person relies in part or entirely on another carrier's facilities;

F. circumstances beyond the reasonable control of an ILEC means delays caused by:

(1) a vendor in the delivery of necessary equipment or supplies, where the ILEC has made a timely order of the equipment or supplies;

(2) local or tribal government entities in approving easements or access to rights-of-way, where the ILEC has made a timely application for such approval;

(3) the customer;

(4) negligent or willful misconduct by third parties not in privity with the ILEC; or

(5) force majeure (meaning causes which are outside the control of the ILEC and could not be avoided by the exercise of due care, including but not limited to terrorism, explosions, fires, floods, severe storms, epidemics, civil unrest, wars, injunctions, strikes, work stoppages, and other emergencies and catastrophes);

G. competitive local exchange carrier (CLEC) means a carrier that provides competitive local exchange service in its service area and is not an ILEC;

H. customer means any person that has applied for or is currently receiving telecommunications services;

I. designed services means the provisioning of regulated circuits requiring treatment, equipment, or engineering design purchased from an ILEC's tariff or on an individual contract basis, including but not limited to analog private line services, DDS, DS-1 (including channelized), DS-3, ISDN-BRI, and special assemblies, where all facilities and equipment provided are physically located in the state of New Mexico;

J. discretionary services means voice mail, caller ID, caller name ID, call waiting, 3-way calling, call forwarding, call return, call blocker, and auto redial, and any similar service sold as an add-on to a customer's basic local exchange service;

K. end office switch means a switch to which a telephone subscriber is connected; frequently referred to as a class 5 office, it is the last central office before the subscribers (sic) phone equipment and is the switch that actually delivers dial tone to the subscriber;

L. facilities-based CLEC means a CLEC providing local exchange service that relies predominantly on its own facilities, including switching equipment, to route calls for at least twenty-five (25) percent of the local exchange access lines it serves;

M. held order means any order for telecommunications service that is not filled within the time frames set forth in 17.11.22.14 NMAC or within fifteen (15) calendar days of the time frames set forth in 17.11.22.12;

N. high density zone means all wire centers that the ILEC has classified within its lowest cost density pricing zone pursuant to 47 C.F.R. Section 69.123;

O. incumbent local exchange carrier (ILEC) means a person, or an affiliate of a person, that was authorized to provide local exchange service in New Mexico on February 8, 1996, or a successor or assignee of the person or affiliate; a carrier will also be treated as an ILEC if the federal communications commission determines that such provider (or class or category of carrier) shall be treated as an ILEC pursuant to 47 U.S.C; Section 251(h)(2) but does not include an incumbent rural telecommunications carrier;

P. incumbent rural telecommunication carrier (IRTC) has the meaning given in NMSA 1978 Section 63-9H-3;

Q. installation commitment means a date pledged by a LEC to provide basic local exchange service or designed services to a customer;

R. local exchange carrier (LEC) includes incumbent local exchange carriers and competitive local exchange carriers;

S. low density zone means all wire centers that the ILEC has classified within any zone other than the lowest cost density pricing zone pursuant to 47 C.F.R. Section 69.123;

T. primary local exchange line means the first exchange access line installed by a LEC to serve a customer at the customer's premises, as distinct from additional lines that may be ordered at the same or a subsequent time at the same premises;

U. repeat trouble report means a trouble report received within thirty (30) days of a closed trouble report on the same line regarding the same trouble;

V. tandem switch (local, access, or toll) means an intermediary switch or connection other than the end office switch between an originating call location and the final destination of a call; it serves to connect end office switches without the need for direct interoffice trunking;

W. trouble report means notification of trouble or perceived trouble by a subscriber, third party, or employee acting on behalf of a subscriber to a LEC's repair office; it shall include troubles reported on access lines by the LEC's own retail customers and the retail customers of LECs that purchase wholesale services from the LEC but shall not include troubles associated with customers' unfamiliarity with new features or customer premises equipment, or extraordinary or abnormal conditions of operation;

X. wire center means a facility where local exchange access lines converge and are connected to a switching device which provides access to the public switched network, and includes remote switching units and host switching units.

N.M. Admin. Code § 17.11.22.7

17.11.22.7 NMAC - Rp, 17.11.22.7 NMAC, 2-1-06