As used in the Telecommunications Access Act:
A. "commission" means the commission for deaf and hard-of-hearing persons;
B. "communications assistant" means an individual who translates conversation from text to voice and from voice to text between two end users of a telecommunications service;
C. "home service provider" means a facilities-based carrier or reseller with which a customer contracts for the provision of wireless communications services;
D. "impaired" means having an impairment of or deficit in the ability to hear or speak, or both;
E. "interconnected voice over internet protocol service" means a service that:
(1) enables real-time, two-way voice communications;
(2) requires a broadband connection from the user's location;
(3) requires internet protocol-compatible customer premises equipment; and
(4) permits users generally to receive calls that originate on the public-switched telephone network and to terminate calls to the public-switched telephone network;
F. "intrastate telecommunications service":
(1) means the provision of access lines, special services and intrastate toll services, including for telephone calls originating and terminating in the state; and
(2) does not include interconnected voice over internet protocol service or wireless communications service;
G. "place of primary use" means the street address representative of where a customer's use of a wireless communications service primarily occurs and that is:
(1) the residential street address or the primary business street address of the customer; and
(2) within the licensed service area of the home service provider;
H. "prepaid consumer" means a person who purchases prepaid wireless communications service in a retail transaction;
I. "prepaid wireless communications service" means a wireless communications service that must be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount;
J. "retail transaction" means the purchase of prepaid wireless communications service from a seller for any purpose other than for resale;
K. "seller" means a person who sells prepaid wireless communications service to another person;
L. "specialized telecommunications equipment" means devices that enable or assist an impaired individual to communicate with another individual using the telephone network;
M. "telecommunications company" means an individual, corporation, partnership, joint venture, company, firm, association, proprietorship or other entity that provides public telecommunications services, and includes cellular service companies as defined in Subsection B of Section 63-9B-3 NMSA 1978;
N. "telecommunications relay system" means a statewide telecommunications system through which an impaired individual using specialized telecommunications equipment is able to send or receive messages to and from an individual who is not impaired and whose telephone is not equipped with specialized telecommunications equipment and through which the unimpaired individual is able, by using voice communications, to send and receive messages to and from an impaired person; and
O. "wireless communications service" means a commercial mobile radio service as defined by Section 20.3 of Title 47 of the Code of Federal Regulations, as amended, but excludes internet access service.
History: Laws 1993, ch. 54, § 3; 1996, ch. 48, § 1; 1997, ch. 65, § 1; 2004, ch. 106, § 2; 2017, ch. 96, § 1.
ANNOTATIONSThe 2017 amendment, effective July 1, 2017, added and revised certain definitions as used in the Telecommunications Access Act; added a new Subsection C and redesignated former Subsection C as Subsection D; added a new Subsection E and redesignated former Subsection D as Subsection F; in Subsection F, in the introductory clause, after "intrastate", deleted "telephone services means all charges for" and added "telecommunications service", added paragraph designation "(1)", and in Paragraph F(1), added "means the provision of", after "including", deleted "all" and added "for telephone", and added Paragraph F(2); added new Subsections G and H and redesignated former Subsections E through G as Subsections L through N, respectively; and added Subsection O.
The 2004 amendment, effective July 1, 2005, deleted Subsection C, redesignated Subsections C to H as Subsections B to G, and amended Subsection E to delete "when connected to a telephone".
The 1997 amendment, effective July 1, 1997, in Subsection E, made a minor stylistic change.
The 1996 amendment, effective July 1, 1996, inserted ", including all calls originating and terminating in the state," in two places in Subsection E and deleted "but does not include radio paging service" from the end of Subsection G.