Chapter 63 — Chapter 63

penalties. A. The following acts are prohibited: (1) cramming or slamming; and (2) disconnecting or threatening to disconnect a customer's local exchange service because the customer refuses to pay charges resulting from cramming or slamming and the local exchange company has bee…

A. A customer who is crammed or slammed is absolved of liability for charges resulting from the cramming or slamming during the first ninety days after the cramming or slamming appeared on the customer's telephone bill. Nothing in this subsection affects the local exchange compan…

A. A new charge for telecommunications service or a change in telecommunications provider shall be conspicuously indicated on the customer's telephone bill in clear, unambiguous language and easily legible type. Charges for local exchange service shall be itemized separately from…

information; verification; unauthorized charge or change; written notification. A. As used in this section, "seller" means a provider or other person that sells telecommunications services. B. The provider shall approve all sales scripts and written materials used by its sellers,…

action barred. A. A person shall not injure or threaten to injure a customer's credit because the customer refuses to pay charges resulting from cramming or slamming. A person who violates the provisions of this section is guilty of a fourth degree felony and shall be sentenced a…

Chapter 63, Article 9H NMSA 1978 may be cited as the "Rural Telecommunications Act of New Mexico". History: Laws 1999, ch. 295, § 1, 2013, ch. 194, § 1.

telecommunications services. A. Complaint may be made by any interested party setting forth any act or omission by a provider of rural public telecommunications services alleged to be in violation of any provision of the Rural Telecommunications Act of New Mexico or any order or …

sufficient. A substantial compliance by the commission with the requirements of the Rural Telecommunications Act of New Mexico shall be sufficient to give effect to all rules, orders and acts of the commission, and they shall not be declared inoperative, illegal or void for any o…

Any provider of rural public telecommunications services and any other person in interest being aggrieved by a final order or determination of the commission under the Rural Telecommunications Act of New Mexico may file a notice of appeal in the supreme court asking for a review …

A. An appeal shall be on the record made before the commission and shall be governed by the appellate rules applicable to administrative appeals. B. The supreme court shall affirm the commission's order unless it is: (1) arbitrary, capricious or an abuse of discretion; (2) not su…

The commission may apply to the district court for injunctions to prevent violations of any provision of the Rural Telecommunications Act of New Mexico or of any rule or order of the commission issued pursuant to that act, and the court has the power to grant such injunctions and…

The legislature declares that it remains the policy of the state of New Mexico to maintain for rural customers availability of access to telecommunications services at affordable rates. Furthermore, it is the policy of this state to have comparable long distance service rates, as…

As used in the Rural Telecommunications Act of New Mexico: A. "affordable rates" means rates for basic service that promote universal service within a local exchange service area, giving consideration to the economic conditions and costs to provide service in the area in which se…

A. Except as otherwise provided in the Rural Telecommunications Act of New Mexico or the federal act, each public telecommunications service is declared to be affected with the public interest and, as such, subject to the provisions of those acts, including the regulation thereof…

A. No rural public telecommunications service shall be offered in this state except in accordance with the provisions of the Rural Telecommunications Act of New Mexico. B. No rural public telecommunications service shall be offered within this state without the telecommunications…

A. The commission shall implement and maintain a "state rural universal service fund" to maintain and support universal service that is provided by eligible telecommunications carriers, including commercial mobile radio services carriers, as are determined by the commission. As u…

telecommunications carrier. A. Rates for retail rural public telecommunications services provided by an incumbent rural telecommunications carrier shall be subject to regulation by the commission only in the manner and to the extent authorized by this section. B. An incumbent rur…

Construction, maintenance or operation of a private telecommunications service does not constitute the provision of rural public telecommunications service, and a private telecommunications service shall not be subject to regulation by the commission pursuant to the Rural Telecom…

A. In accordance with the provisions of this section, the commission shall regulate the rates, charges and service conditions for individual contracts for rural public telecommunications services in a manner that authorizes the provision of all or any portion of a public telecomm…

This act [63-9I-1 to 63-9I-9 NMSA 1978] may be cited as the "Wireless Consumer Advanced Infrastructure Investment Act". History: Laws 2018, ch. 17, § 1 and Laws 2018, ch. 69, § 1.

As used in the Wireless Consumer Advanced Infrastructure Investment Act: A. "antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used to provide wireless services; B. "applicable codes" means uniform building, fir…

terms; right to access; damage and repair. A. This section applies to the activities of a wireless provider within a right of way. B. An authority shall not enter into an exclusive agreement with a wireless provider for the use of a right of way in: (1) constructing, installing, …

fee. A. This section applies to a wireless provider's collocation activities within a right of way. B. An authority may prohibit, regulate or charge for the collocation of a small wireless facility only as provided in this section and Sections 3 [63-9I-3 NMSA 1978], 6 [63-9I-6 NM…

permits; application; fee. A. This section applies to the activities of a wireless provider in installing a new, replacement or modified utility pole associated with the collocation of a small wireless facility in a right of way. B. A new, replacement or modified utility pole ass…

collocations for other commercial projects or uses. A. An authority shall not enter into an exclusive agreement with a person for the right to attach a small wireless facility to an authority utility pole. B. The rates and fees an authority imposes for the collocation of a small …

fulfill duties. A. An authority may adopt an ordinance setting forth the rates, fees and terms for implementing the Wireless Consumer Advanced Infrastructure Investment Act. In the absence of such an ordinance, an authority and a wireless provider may enter into an agreement sett…

A. Except as otherwise provided in the Wireless Consumer Advanced Infrastructure Investment Act, an authority may exercise its zoning, land use, planning and permitting authority and its police power for the installation, modification and replacement of wireless support structure…

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…

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.

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 …

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…

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…

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…

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 …

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…

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.

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…

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…

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 …

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…

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…

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…

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…

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…

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…

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…

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…

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 …

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 …

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…