N.M. Supreme Court Vacates Permanent Ban for Q Link to Seek ETC Designation

The New Mexico Public Regulation Commission "lacks express or implied statutory authority to ban" Q Link Wireless from filing a petition for eligible telecom carrier designation with the state, concluded the New Mexico Supreme Court in an opinion reversing the ban Monday in case S-1-SC-38812. The state commission adopted the ban after Q Link sought ETC designation in 2012 and filed a motion in 2019 to withdraw it after "lengthy and protracted proceedings before the commission's hearing examiner," the opinion said. Q Link initially sought the designation to provide Lifeline services to tribal and non-tribal households in the state. The commission didn't comment.