Q Link Wireless LLC v. N.M. Pub. Regulation Comm'n (Published Opinion)
Annotate this CaseQ Link Wireless LLC (Q Link) petitioned the New Mexico Public Regulation Commission (Commission) for designation as an eligible telecommunications carrier (ETC). The designation would have made Q Link eligible to access certain federal funds for providing telecommunications services to underserved communities in New Mexico. Following lengthy and protracted proceedings before the Commission’s hearing examiner, Q Link filed a motion to withdraw its petition. The hearing examiner filed an Order Recommending Dismissal of Proceeding with Prejudice (Recommended Decision). The recommendation was to dismiss the petition and to ban Q Link from ever again filing a petition to obtain an ETC designation. The Commission adopted the Recommended Decision in full. Q Link appealed, and the New Mexico Supreme Court reversed, concluding that the Commission lacked express or implied statutory authority to ban Q Link from ever again seeking an ETC designation.
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