2006 New Mexico Statutes - Section 57-12A-2 — Definitions — (Contingent repeal - See compiler\'s note below.).

57-12A-2. Definitions. (Contingent repeal - See compiler's note below.).

As used in the Consumer No-Call Act [ 57-12A-1 to 57-12A-7 NMSA 1978]:   

A.     "caller identification service" means a telephone service that permits telephone subscribers to see the telephone number of incoming telephone calls;   

B.     "established business relationship" means a relationship that:   

(1)     was formed, prior to a telephone solicitation, through a voluntary, two-way communication between a seller or telephone solicitor and a residential subscriber, with or without consideration, on the basis of an application, purchase, ongoing contractual agreement or commercial transaction between the parties regarding products or services offered by the seller or telephone solicitor; and   

(2)     currently exists or has existed within the immediately preceding twelve months;   

C.     "local exchange area" means a geographic area encompassing one or more local communities, as described in maps, tariffs or rate schedules filed with the public regulation commission, where local exchange rates apply;   

D.     "local exchange company" means a telecommunications company that provides the transmission of two-way interactive switched voice communications within a local exchange area;   

E.     "public telecommunications service" means the transmission of signs, signals, writings, images, sounds, messages, data or other information of any nature by wire, radio, lightwaves or other electromagnetic means originating and terminating in this state regardless of actual call routing, but "public telecommunications service" does not include the provision of terminal equipment used to originate or terminate the service; private telecommunications service; broadcast transmissions by radio, television and satellite broadcast stations regulated by the federal communications commission; radio common carrier services, including mobile telephone service and radio paging; or one-way cable television service;   

F.     "residential subscriber" means a person who has subscribed to residential telephone service from a local exchange company or the other persons living or residing with such person;   

G.     "telecommunications company" means a person that provides public telecommunications service; and   

H.     "telephone solicitation" means a voice or telefacsimile communication over a telephone line for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services and includes a communication described in this subsection through the use of automatic dialing and recorded message equipment or by other means, but "telephone solicitation" does not include a communication:   

(1)     to a residential subscriber with that subscriber's prior express invitation or permission;   

(2)     by or on behalf of a person with whom a residential subscriber has an established business relationship;   

(3)     made for the sole purpose of urging support for or opposition to a political candidate or ballot issue;   

(4)     made for the sole purpose of conducting political polls or soliciting the expression of opinions, ideas or votes; or   

(5)     by a person who is a duly licensed real estate broker pursuant to Section 61-29-11 NMSA 1978, who is a resident of the state and whose telephone call to the consumer is for the sole purpose of selling, exchanging, purchasing, renting, listing for sale or rent or leasing real estate in accordance with the provisions for which he or she is licensed and not in conjunction with any other offer.