TW Telecom of New Mexico v. New Mexico Public Regulation Comm’n

Appellant TW Telecom of New Mexico (TW Telecom) appealed a final order issued by the New Mexico Public Regulation Commission (PRC) in "In the Matter of the Development of an Alternative Form of Regulation Plan for Qwest Corporation" (AFOR III Final Order). TW Telecom claimed that the PRC (1) adopted certain conclusions from a previous final order, lacking justification in the AFOR III record; (2) deregulated Qwest Corporation's (Qwest) rates in violation of the New Mexico Telecommunications Act and the separation of powers doctrine in the New Mexico Constitution; and (3) deprived TW Telecom of proper due process. The claims raised in this appeal involved three cases before the PRC that concerned the development of various alternative forms of regulation plans issued by the PRC, and Qwest's compliance with the terms and conditions therein.  The cases addressed various issues, including pricing provisions and detailed requirements for the filing of tariff changes, tariffs for new services, promotional offerings, packaged services, and individual contracts for services. Upon review, the Supreme Court annulled and vacated AFOR III Final Order and remanded the case back to the PRC for further proceedings. The Court concluded that the PRC indeed violated TW Telecom's due process because it adopted conclusions from a previous proceeding without affording the parties an opportunity to be heard. The Court did not address TW Telecom's second claim. View "TW Telecom of New Mexico v. New Mexico Public Regulation Comm'n" on Justia Law