Michael S. Hamden - Attorney, Counselor at Law & Corrections Consultant

New Mexico

Public Service Commission Investigates Fees

Charged by Prisoner Telephone Service Providers
Case No. 07-00442-UT

 

Documents on the New Mexico Public Regulation Commission (NMPRC) site are “read-only” and difficult to access.  To do so, you must secure a user name and password.  http://www.nmprc.state.nm.us.  The Commission maintains that such credentials are usually provided within 24 hours on any business day.  (Though it surpasses understanding that public records would be so difficult to view or obtain, the procedures of the NMPRC are apparently consistent with New Mexico Law.  N.M. Stat. § 14-3-1, et seq., “Public Records Act,” http://64.132.204.47/NXT/gateway.dll/newmex/282/6745/6768?f=templates$fn=document-frameset.htm$q=%22Public%20Records%22$x=Simple#LPHit1)

 

On December 6, 2007, the Commission issued an Order to Show Cause against Public Communications Services, Inc., Case No. 07-00442-UT regarding untariffed fees charged “each time the customer sets up or recharges a prepaid service account”.  An untariffed charge is one that was not disclosed to or approved by the PSC. 

 

Actually, three kinds of non-tariffed fees are at issue – “recharge fees” (billed when a customer reopens an account), service fees (charged to customers setting up an account for the first time), and processing fees  – imposed either by a service provider or a third party business – for processing a customer’s payment. 

 

In a May 13, 2008 order, the Commission expanded the investigation to include all ICS providers operating in New Mexico.  This is an enforcement proceeding to “investigate any instance where any ICS provider imposed a charge that is not tariffed”.