N.M. Stat. » Chapter 63 — Railroads and Communications
New Mexico Statutes

N.M. Stat. § 63-9A-14 (2026)

Appeal of orders of the commission

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Any provider of telecommunications services and any other person in interest being aggrieved by a final order or determination of the commission under the New Mexico Telecommunications Act may file a notice of appeal in the supreme court asking for a review of the commission's final orders. A notice of appeal shall be filed within thirty days after the entry of the commission's final order. Every notice of appeal shall name the commission as appellee and shall identify the order from which the appeal is taken. Any person whose rights may be directly affected by the appeal may appear and become a party, or the supreme court may upon proper notice order any person to be joined as a party.

History: Laws 1985, ch. 242, § 14; 1998, ch. 108, § 62.

ANNOTATIONS The 1998 amendment, effective January 1, 1999, substituted "Appeal of orders of the commission" for "Action to set aside nonremovable" in the section heading; in the first sentence, substituted "a final" for "an", deleted "not removable to the supreme court of New Mexico under the provisions of Article II, Section 7 of the constitution of" preceding "New Mexico Telecommunications Act" and deleted "therein" preceding "final orders"; in the second sentence, after "A notice of appeal", substituted "shall" for "must"; and in the third sentence, deleted "state corporation" following "commission as appellee".

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2002–2021 · leading case: Qwest Corp. v. New Mexico Pub. Reg. Comm'n, 2006-NMSC-042, 140 N.M. 440.
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Qwest Corp. v. New Mexico Pub. Reg. Comm'n, 2006-NMSC-042, 140 N.M. 440. · cites it 3× “See § 63-9A-14 (permitting aggrieved parties to appeal PRC final orders).”
E. Spire Commc'ns, Inc. v. Baca, 269 F. Supp. 2d 1310 (D.N.M. 2003). · cites it 2× “According to NMPRC, the analogous state law is NMSA 1978, § 63-9A-14, which provides that appeals from an action of the NMPRC under the New Mexico Telecommunications Act must be filed with the New Mexico Supreme Court within thirty days of entry of the final order by the NMPRC.”
Attorney Gen. v. New Mexico Pub. Reg. Comm'n, 2002-NMSC-006, 42 P.3d 1219. · cites it 2× “Appellant filed a motion for rehearing, which was rejected, and then filed notice of appeal with this Court, pursuant to NMSA 1978, § 63-9A-14. {3} Appellant argues that the procedures utilized by the Commission in making its determination were inadequate, unfair, arbitrary and…”
Qwest Corp. v. N.M. Pub. Reg. Comm'n (N.M. 2021). “17-00186-UT pursuant to Rule 12-601(A) and (B) NMRA, NMSA 1978, Sections 63-9A-14 (1998) and 63-7-1.1(E) (1998); {2} WHEREAS, every member of this Court having considered the briefs and being otherwise fully informed of the issues and applicable law; {3} WHEREAS, this Court…”
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