223 sections in this chapter.
NMSA 1978, § 63-9I-9 Applicability
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The Wireless Consumer Advanced Infrastructure Investment Act does not: A. affect the authority, under state or federal law, of an investor-owned electric utility or electric cooperative that owns, controls or operates utility poles or wireless support structures to deny, limit, r…
NMSA 1978, § 63-9J-1 Short title
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Chapter 63, Article 9J NMSA 1978 may be cited as the "Broadband Access and Expansion Act". History: Laws 2021, ch. 123, § 1; 2025, ch. 82, § 5.
NMSA 1978, § 63-9J-2 Definitions
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As used in the Broadband Access and Expansion Act: A. "broadband infrastructure" means facilities and equipment used to provide internet service, excluding telecommunications equipment owned, controlled or operated by a public or private end user; B. "broadband office" means the …
NMSA 1978, § 63-9J-3 Office of broadband access and expansion created;
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director; standards; data collection; statewide broadband plan; assistance for political subdivisions. A. The "office of broadband access and expansion" is created and is administratively attached to the department. B. The broadband office shall be managed by the director, who sh…
NMSA 1978, § 63-9J-4 Coordination of state and local government broadband
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efforts. A. The broadband office shall identify federal and nongovernmental broadband funding assistance opportunities for local governments, public educational institutions, state agencies and tribal governments and shall publish a list of those opportunities in a manner that ca…
NMSA 1978, § 63-9J-5 Education technology infrastructure fund created; use
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A. The "education technology infrastructure fund" is created in the state treasury. The fund consists of: (1) appropriations, gifts, grants and donations; and (2) the proceeds of supplemental severance tax bonds appropriated to the fund pursuant to Section 7-27-12.6 NMSA 1978 for…
NMSA 1978, § 63-9J-6 Education technology infrastructure deficiency
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corrections. A. No later than January 1, 2026, the broadband office shall, in collaboration with the public school capital outlay council and the public school facilities authority, define and develop: (1) minimum adequacy standards for education technology infrastructure; (2) a …
NMSA 1978, § 63-9J-7 Education technology infrastructure projects; application;
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grant assistance. A. Applications for grant assistance, approval of applications, prioritization of projects and grant awards for education technology infrastructure shall be conducted pursuant to the provisions of this section. B. The broadband office shall establish project fun…
NMSA 1978, § 63-9K-1 Short title
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Sections 1 through 7 [63-9K-1 to 63-9K-7 NMSA 1978] of this act may be cited as the "Connect New Mexico Act". History: Laws 2021, ch. 120, § 1.
NMSA 1978, § 63-9K-2 Definitions
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As used in the Connect New Mexico Act: A. "2020 broadband plan" means the State of New Mexico Broadband Strategic Plan and Rural Broadband Assessment published by the department of information technology in June 2020; B. "broadband infrastructure" means any facilities and equipme…
NMSA 1978, § 63-9K-3 Council created; powers
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A. The "connect New Mexico council" is created and administratively attached to the department. B. The council is composed of the following fifteen members: (1) the secretary of transportation or the secretary's designee; (2) the secretary of economic development or the secretary…
NMSA 1978, § 63-9K-4 Council; duties
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The council shall: A. advise and make recommendations to the broadband office regarding the coordination of broadband programs and broadband projects in accordance with the statewide broadband plan; B. advise the broadband office concerning the development of a grant program and …
NMSA 1978, § 63-9K-5 Broadband knowledge and digital equity analysis and
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plan; report; inclusion in statewide broadband plan. A. The council shall consult local and tribal governments, public educational institutions and state agencies to develop a digital equity analysis and plan to address: (1) the challenges to digital inclusion that are posed by t…
NMSA 1978, § 63-9K-6 Connect New Mexico fund created
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A. The "connect New Mexico fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations. Money in the fund is subject to appropriation by the legislature to the council for the purpose of administering the broadband grant program. Disbu…
NMSA 1978, § 63-9K-7 Data collection; annual report
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A. By October 1 of each year, the broadband office, in coordination with the council, shall provide to the appropriate legislative interim committees a report on the access to and quality of service of broadband across the state. Information shall be provided on a county-by-count…
NMSA 1978, § 63-11-1 Purpose and intent
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The purpose of this act [63-11-1 to 63-11-8 NMSA 1978] is to prevent injury to persons and damage to property from accidents resulting from damage to cable television lines and related facilities by excavating and blasting. History: 1953 Comp., § 69-14-1, enacted by Laws 1977, ch…
NMSA 1978, § 63-11-2 Definitions
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For the purposes of this act [63-11-1 to 63-11-8 NMSA 1978]: A. "blasting" means the use of an explosive to excavate; B. "excavate" means the movement or removal of earth using mechanical excavating equipment or blasting and includes augering, backfilling, digging, ditching, dril…
NMSA 1978, § 63-11-3 Excavation
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Every person who prepares engineering plans for excavation or who engages in excavation shall: A. make reasonable efforts to inform himself of the location of any cable television lines and related facilities in or near the area where the excavation is to be conducted; B. plan th…
NMSA 1978, § 63-11-4 Emergency excavation
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Every person who shall engage in emergency excavation shall take all necessary and reasonable precaution to avoid or minimize interference with or damage to existing cable television lines and related facilities in and near the construction area and shall notify as promptly as po…
NMSA 1978, § 63-11-5 Marking of facilities
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Every person owning or operating cable television lines and related facilities shall upon the request of a person intending to commence an excavation and upon reasonable advance notice, mark by some reasonable and customary means the location and, if known, the depth of cable tel…
NMSA 1978, § 63-11-6 Liability for damage from failure to make reasonable efforts
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to obtain information. A. If any cable television lines and related facilities are damaged by any person who has failed to make reasonable efforts to inform himself as to their location as provided in Chapter 63, Article 11 NMSA 1978 then such person shall be liable to the owner …
NMSA 1978, § 63-11-7 Liability for negligence notwithstanding information
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obtained. The act of obtaining or making reasonable efforts to obtain information as required by this act [63-11-1 to 63-11-8 NMSA 1978] shall not excuse any person making any excavation from doing so in a careful and prudent manner nor shall it excuse such person from liability …
NMSA 1978, § 63-11-8 Penalties
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In addition to any other liability imposed by law, any person who willfully fails to comply with this act [63-11-1 to 63-11-8 NMSA 1978] and whose failure proximately contributes to the damage of any cable television lines and related facilities shall be subject to damages not to…