NMSA 1978, § 63-9J-1 Short title
63-9J-1. Short title
Chapter 63, Article 9J NMSA 1978 may be cited as the "Broadband Access and Expansion Act".
Laws 2021, ch. 123, § 1; 2025, ch. 82, § 5.
Broadband Access and Expansion
NMSA 1978 ch. 63, art. 9J
in effectNMSA 1978, § 63-9J-2 Definitions
63-9J-2. Definitions
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 office of broadband access and expansion;
C. "constitutional special schools" means the New Mexico school for the blind and visually impaired and the New Mexico school for the deaf;
D. "department", unless otherwise specified, means the department of information technology;
E. "director" means the director of the broadband office;
F. "education technology infrastructure" means the physical hardware and services used to interconnect students, teachers, school districts and school buildings necessary to support broadband connectivity and remote learning as determined by the broadband office;
G. "end user" means an individual, business, institution or governmental entity that subscribes to an internet service and does not resell that service to other individuals or entities;
H. "facilities-based provider" means a provider of internet service to end users in New Mexico using facilities that satisfy any of the following criteria:
(1) physical facilities that the entity owns and that terminate at the end user premises;
(2) facilities that the entity has obtained the right to use from other entities, such as dark fiber or satellite transponder capacity as part of its own network, or has obtained;
(3) unbundled network element loops, special access lines or other leased facilities that the entity uses to complete terminations to the end user premises;
(4) wireless spectrum for which the entity holds a license or that the entity manages or has obtained the right to use via a spectrum leasing arrangement or comparable arrangement pursuant to federal regulations promulgated pursuant to the federal Communications Act of 1934, as amended, or upon subsequent amendment or repeal of that act, by the broadband office by rule; or
(5) unlicensed spectrum;
I. "fund" means the education technology infrastructure fund;
J. "internet" means a global set of computing and electronic devices interconnected through networking infrastructures to provide data and information sharing and communication facilities;
K. "local government" means the government of a municipality, county or political subdivision of the state;
L. "open access" means equal nondiscriminatory access to the state-owned broadband network by eligible entities on a technologically and competitively neutral basis, regardless of whether the entity is privately or publicly owned;
M. "public educational institution" means a public school, a school district, a public post-secondary educational institution, a tribal school or an agency that provides administrative, funding or technical support to public schools, school districts and public post-secondary educational institutions;
N. "quality of service" means the standards established by the federal communications commission;
O. "school district" includes the constitutional special schools and state-chartered charter schools;
P. "school district population density" means the population density on a per-square-mile basis of a school district as estimated by the broadband office based on the most current tract level population estimates published by the United States census bureau;
Q. "state-owned broadband network" means the state-owned broadband infrastructure that is owned, leased or operated by the department;
R. "statewide broadband plan" means a plan, including recommended statutory changes and implementation procedures, for the development and expansion of broadband infrastructure and services throughout the state to meet the needs:
(1) for the delivery of internet-based educational, medical and emergency services;
(2) for local and tribal communities to foster and recruit internet-reliant business and industry and to promote economic development and job creation; and
(3) to support internet-reliant state, local and tribal government functions and facilitate the delivery of governmental services in a manner that is competitive with similar government agencies in neighboring states;
S. "underserved" means an area or property that does not have access to internet service offering speeds greater than one hundred megabits downstream and twenty megabits upstream; and
T. "unserved" means an area or property that either does not have access to internet service at all or only has access to internet service offering speeds below twenty-five megabits per second downstream or three megabits per second upstream.
Laws 2021, ch. 123, § 2; 2023, ch. 132, § 7; 2025, ch. 82, § 6.
NMSA 1978, § 63-9J-3 Office of broadband access and expansion created; director; standards; data collection; statewide broadband plan; assistance for political subdivisions
63-9J-3. Office of broadband access and expansion created; 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 shall be appointed by the governor. The director may hire staff as needed to meet the responsibilities of the broadband office.
C. The broadband office shall:
(1) establish by rule standards for quality of service for homes, businesses and public institutions;
(2) create and maintain an official, publicly accessible online New Mexico broadband access map showing broadband availability and quality of service for homes, businesses and public institutions on a county-by-county basis; and
(3) create and maintain a repository for broadband data and information in New Mexico on a county-by-county basis, including:
(a) the number of homes and businesses that do not have access to broadband service;
(b) the number of homes and businesses that have broadband service that falls below the quality of service standards established by the broadband office; and
(c) the locations of broadband infrastructure currently owned or projected for construction by the state or local governments on a county-by-county basis.
D. On or before January 1, 2022, the broadband office shall develop and provide to the governor and the legislature a three-year statewide broadband plan.
E. On or before January 1, 2023, and on or before January 1 of each year thereafter, the broadband office shall update and revise the statewide broadband plan developed pursuant to this section for the ensuing three years and report the updated and revised statewide broadband plan to the governor and the legislature. In its initial plan pursuant to Subsection D of this section and in its annual revised and updated plan pursuant to this subsection, the broadband office shall provide an assessment of broadband service across the state compared to the standards established by the various federal broadband regulatory and assistance programs.
F. In the development of the statewide broadband plan, the broadband office shall request advice and provide opportunities for meaningful input from each local and tribal government within New Mexico, and all state agencies and public educational institutions shall cooperate with and provide relevant broadband-related information collected or developed by the agencies as requested by the broadband office.
G. The broadband office shall implement the statewide broadband plan.
H. The broadband office shall provide technical and planning assistance to local governments, public educational institutions and state agencies in the design, development or implementation of their own plans for the development of broadband service. When providing planning and technical assistance, the broadband office shall encourage the use of regional planning and may provide planning and technical assistance to tribal government agencies and schools when those entities are participants in a joint powers agreement with a county, municipality, political subdivision, public educational institution or agency or memorandum of understanding for the design, development or implementation of a regional broadband plan.
I. The broadband office may form an advisory committee comprising representatives of state, local and tribal government agencies and the general public to facilitate the collection of information and the development of proposals for the statewide broadband plan; provided that if an advisory committee is formed, at least three different tribal agencies shall be represented on the committee.
J. In furtherance of statewide broadband planning, all facilities-based providers shall report semiannually to the broadband office the same data in the same format that is reported to the federal communications commission pursuant to federal law governing data submitted for broadband mapping. The reports shall be submitted each year on or before April 1, with regard to data existing as of December 31 of the prior year, and on or before October 1, with regard to data existing as of June 30 of the then current year. All information reported by a facilities-based provider pursuant to this subsection shall be maintained as confidential information by the broadband office in accordance with applicable state or federal law.
K. The reporting requirements set forth in Subsection J of this section do not apply to tribal corporations federally chartered by the bureau of Indian affairs.
L. The broadband office may adopt rules requiring facilities-based providers to report data in addition to the data required pursuant to Subsection J of this section; provided that no such rule shall require a facilities-based provider to report any such data more frequently than twice per year.
Laws 2021, ch. 123, § 3; 2023, ch. 132, § 8.
NMSA 1978, § 63-9J-4 Coordination of state and local government broadband efforts
63-9J-4. Coordination of state and local government broadband 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 can be searched on a county-by-county basis.
B. The broadband office may be the applicant for such funding assistance for all state agencies except the department of transportation.
C. State agencies and public educational institutions shall coordinate with the broadband office concerning the purchase of broadband infrastructure and services with the goal of obtaining best-value or bulk pricing agreements where practicable.
D. The broadband office shall coordinate with and may enter into memoranda of understanding with federal, local government, state and tribal government agencies to create an integrated system of permits, licenses and rules for broadband infrastructure across all governmental jurisdictions within each region of the state, including the creation of a centralized repository, and an expedited review process for rights of way use applications, with the goal of creating uniform coordinated permitting and licensing requirements statewide. The broadband office shall develop proposals for government agencies at the local, county and state levels to build and pay for broadband networks, upon request for such assistance.
E. The broadband office shall advise and make recommendations to the department regarding proposals to use the state-owned broadband network for the purpose of connecting unserved and underserved populations of the state to internet service on the basis of open access that supports objectives of the state broadband plan; provided that:
(1) the department may lease a portion of the state-owned broadband network or provide internet service to a facilities-based provider that offers fixed wire broadband to end users in the state pursuant to the following conditions:
(a) the lease or internet service agreement shall allow the deployment of internet service to an area in which at least fifty percent of the residential and business locations are underserved or unserved;
(b) the broadband office shall post a notice on its website at least forty-five days prior to the execution of the lease or internet service agreement. The notice shall include: 1) the name of the facilities-based provider with which the department intends to enter into the lease or internet service agreement; 2) a statement describing the boundaries of the geographical area that will be served under the terms of the lease or internet service agreement; 3) the specifications of the broadband infrastructure or internet service that will be the subject of the lease or internet service agreement; and 4) the price upon which the lease or internet service agreement shall be offered by the department;
(c) within the forty-five-day posting period required by Subparagraph (b) of this paragraph, no private facilities-based provider has notified the broadband office in writing that it can provide the same broadband infrastructure or internet service identified in the notice, as applicable, at a price that does not exceed one hundred ten percent of the price being offered by the department; and
(d) if the lease exceeds ten years, the lease is first approved by the state board of finance;
(2) the department may sell or otherwise transfer ownership of a portion of the state-owned broadband network pursuant to existing state law regarding the sale or disposition of such property; provided that the department and any successor in interest shall not transfer ownership of any portion of the state-owned broadband network to any wholly private entity for at least twenty years after construction of the broadband infrastructure to be sold was completed;
(3) the department shall not sell or otherwise deliver internet service directly to a nongovernmental end user; and
(4) the department shall adopt and implement rules to govern the lease or sale of state-owned broadband network capacity to the private sector. The rules shall include processes that will enable a facilities-based provider to challenge a determination that an area is eligible to receive state-owned broadband network capacity.
Laws 2021, ch. 123, § 4; 2023, ch. 132, § 9.
NMSA 1978, § 63-9J-5 Education technology infrastructure fund created; use
63-9J-5. Education technology infrastructure fund created; use
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 education technology projects.
B. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the director.
C. The fund may be expended annually by the broadband office for education technology infrastructure projects that are in conformance with the standards and guidelines developed pursuant to this 2025 act and grants to school districts for education technology projects, including expenses for management of such projects; provided that the total amount of project management expense assistance from the fund per project shall not exceed five percent of the project grant.
D. The broadband office shall promulgate rules necessary to administer the education technology infrastructure fund.
Laws 2025, ch. 82, § 7.
NMSA 1978, § 63-9J-6 Education technology infrastructure deficiency corrections
63-9J-6. Education technology infrastructure deficiency 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 methodology to determine reasonable costs for:
(a) correcting education technology infrastructure deficiencies in or affecting school districts; and
(b) reasonable costs for a school district's share of the project costs; and
(3) a methodology for prioritizing projects to correct education technology infrastructure deficiencies in or affecting school districts.
B. The broadband office shall develop guidelines for a statewide education technology infrastructure network that integrates regional hub locations for network services and the installation and maintenance of equipment. The broadband office may fund education technology infrastructure projects or items that the broadband office determines are in accordance with the guidelines and necessary to education for:
(1) students;
(2) school buses;
(3) internet connectivity within a school district;
(4) a multi-district regional education network; and
(5) a statewide education network.
Laws 2025, ch. 82, § 8.
NMSA 1978, § 63-9J-7 Education technology infrastructure projects; application; grant assistance
63-9J-7. Education technology infrastructure projects; application; 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 funding requirements and priority standards for school districts by rule based on the following factors:
(1) school district geographic size and population;
(2) school district population density;
(3) local property tax base;
(4) the current condition of education technology infrastructure relative to the adequacy standards established in collaboration with the public school capital outlay council and public school facilities authority; and
(5) whether the broadband office has designated the school district as a high-growth area pursuant to Subsection C of this section.
C. The broadband office may designate an area that equals a contiguous attendance area of one or more existing schools as a high-growth area if it determines that within five years of the grant allocation decision, the estimated use of the proposed education technology infrastructure project will exceed the functional capacity of the project as determined by the broadband office by rule.
D. The broadband office shall apply the adequacy standards to state-chartered charter schools to the same extent that they are applied to other public schools.
E. The broadband office shall adopt and apply adequacy standards appropriate to the unique needs of the constitutional special schools.
F. In an emergency in which the health or safety of students or school personnel is at immediate risk or in which there is a threat of significant property damage, the broadband office may award grant assistance for a project using criteria other than the adequacy standards.
G. The broadband office shall, in collaboration with the public school capital outlay council and the public school facilities authority, establish criteria to be used in education technology infrastructure projects that receive grant assistance pursuant to the Broadband Access and Expansion Act. In establishing the criteria, the broadband office shall consider:
(1) the feasibility of using design, build and finance arrangements for education technology infrastructure projects;
(2) the potential use of more durable construction materials that may reduce long-term operating costs;
(3) concepts that promote efficient but flexible use of space; and
(4) any other financing or construction concept that may maximize the dollar effect of the state grant assistance.
H. No application for grant assistance from the fund shall be approved unless the broadband office determines that:
(1) the education technology infrastructure project is needed and included in the school district's five-year facilities plan among its top priorities;
(2) the school district has used its capital resources in a prudent manner;
(3) the school district has provided insurance for the district's education technology infrastructure in accordance with insurance requirements established by the broadband office by rule;
(4) the school district has submitted an education technology infrastructure plan that includes:
(a) enrollment projections;
(b) a current preventive maintenance plan that has been approved by the broadband office and that is followed by each public school in the district; and
(c) the education technology infrastructure needs of charter schools located in the school district;
(5) the school district is willing and able to pay any portion of the total cost of the education technology infrastructure project that is not funded with grant assistance from the fund;
(6) the application includes the education technology infrastructure needs of any charter school located in the school district, or the school district has shown that the education technology infrastructure needs of the charter school have a smaller deviation from the statewide adequacy standards than other district education technology infrastructure included in the application; and
(7) the school district has agreed, in writing, to comply with any reporting requirements or conditions imposed by the broadband office pursuant to the Broadband Access and Expansion Act.
I. After consulting with the public school facilities authority and other experts, the broadband office shall regularly review and update statewide adequacy standards applicable to all school districts. Except as otherwise provided in the Broadband Access and Expansion Act, the amount of outstanding deviation from the standards shall be used by the broadband office in evaluating and prioritizing education technology infrastructure projects.
J. No later than November 1 of each year, the broadband office shall prepare a report summarizing its education technology infrastructure activities during the previous fiscal year. The report shall describe in detail all projects funded, the progress of projects previously funded but not completed, the criteria used to prioritize and fund projects and all other broadband office actions. The report shall be submitted to the public education commission, the governor, the legislative finance committee, the legislative education study committee and the legislature.
Laws 2025, ch. 82, § 9.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18566/index.doFetched: 10/20/2026