NMSA 1978, § 63-9H-1 Short title
63-9H-1. Short title
Chapter 63, Article 9H NMSA 1978 may be cited as the "Rural Telecommunications Act of New Mexico".
Laws 1999, ch. 295, § 1, 2013, ch. 194, § 1.
Rural Telecommunications
NMSA 1978 ch. 63, art. 9H
in effectNMSA 1978, § 63-9H-2 Purpose
63-9H-2. Purpose
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 established by the commission, for comparable markets or market areas. To the extent that it is consistent with maintaining availability of access to service at affordable rates for rural customers, it is further the policy of this state to encourage competition and reduce regulation in the telecommunications industry, thereby allowing access by the public to resulting rapid advances in telecommunications technology. It is the purpose of the Rural Telecommunications Act of New Mexico to permit a regulatory framework that will allow an orderly transition for rural telephone carriers from a regulated telecommunications industry to a competitive market environment consistent with the federal act. Further, the legislature finds that as part of such regulatory framework, it is necessary to provide disparate regulatory treatment between rural telephone carriers and non-rural telephone carriers in order to assist with accomplishing the goals established by the above declared policies. Disparate regulatory treatment is particularly necessary for those citizens who reside in rural New Mexico, because those rural areas constitute the bulk of the surface area within the boundaries of the state. Disparate regulatory treatment for rural telephone carriers requires relaxed regulation for rural telephone carriers with the objective of reducing the cost of regulation as well as the regulatory burden, permitting pricing flexibility and expediting required rate approvals, all in a manner consistent with both the purpose of an orderly transition from regulation to a competitive market environment and the federal act.
Laws 1999, ch. 295, § 2.
NMSA 1978, § 63-9H-3 Definitions
63-9H-3. Definitions
As used in the Rural Telecommunications Act of New Mexico:
A. "affordable rates" means rates for basic service that promote universal service, giving consideration to the economic conditions of households in the service area and costs to provide service in the area in which service is provided;
B. "basic service" means service that is provided that is consistent with the federal act:
(1) to a rural end-user customer; or
(2) to a rural or non-rural end-user customer pursuant to the low-income telecommunications assistance program;
C. "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;
D. "cable service" means the transmission to subscribers of video programming or other programming service and subscriber interaction, if any, that is required for the selection or use of the video programming or other programming service;
E. "commission" means the public regulation commission;
F. "comparable carrier" means an eligible telecommunications carrier established prior to enactment of the Rural Telecommunications Act of New Mexico that has a similar number of access lines as an eligible telecommunications carrier established after enactment of that act;
G. "digital equity" means information technology needed for civic and cultural participation, employment, education, business and economic development, lifelong learning and access to essential services generally available to residents regardless of their racial grouping, socioeconomic status or cultural identity;
H. "digital inclusion" means access to and the ability to use information technologies;
I. "eligible telecommunications carrier" means an eligible telecommunications carrier as defined in the federal act;
J. "federal act" means the federal Telecommunications Act of 1996;
K. "fund" means the state rural universal service fund;
L. "incumbent local exchange carrier" means a person that:
(1) was designated as an eligible telecommunications carrier by the state corporation commission in Docket #97-93-TC by order dated October 23, 1997, or that provided local exchange service in this state on February 8, 1996; or
(2) became a successor or assignee of an incumbent local exchange carrier;
M. "incumbent rural telecommunications carrier" means an incumbent local exchange carrier that serves fewer than fifty thousand access lines within the state and has been designated as an eligible telecommunications carrier by the state corporation commission or the public regulation commission;
N. "local exchange area" means a geographic area encompassing one or more local communities, as described in maps, tariffs or rate schedules filed with the commission, where local exchange rates apply;
O. "local exchange service" means the transmission of two-way interactive switched voice communications furnished by a telecommunications carrier within a local exchange area;
P. "long distance service" means telecommunications service between local exchange areas that originate and terminate within the state;
Q. "office" means the office of broadband access and expansion;
R. "private telecommunications service" means a system, including its construction, maintenance or operation for the provision of telecommunications service, or any portion of that service, by a person for the sole and exclusive use of that person and not for resale, directly or indirectly. For purposes of this definition, the person that may use the service includes any affiliates of the person if at least eighty percent of the assets or voting stock of the affiliates is owned by the person. If any other person uses the telecommunications service, whether for hire or not, the private telecommunications service is a public telecommunications service;
S. "public telecommunications service" means the transmission of signs, signals, writings, images, sounds, messages, data or other information of any nature by wire, radio, lightwaves or other electromagnetic means originating and terminating in this state regardless of actual call routing. "Public telecommunications service" does not include the provision of terminal equipment used to originate or terminate the service; private telecommunications service; broadcast transmissions by radio, television and satellite broadcast stations regulated by the federal communications commission; radio common carrier services, including mobile telephone service and radio paging; or cable service;
T. "rural area" means an unincorporated area or a city, a town or an incorporated area with a population of twenty thousand or less as reflected in the most recent federal decennial census or applicable tribal census;
U. "statewide broadband plan" means the plan developed by the office pursuant to the Broadband Access and Expansion Act [Chapter 63, Article 9J NMSA 1978];
V. "telecommunications carrier" means a person that provides public telecommunications service;
W. "underserved" means an area or property that does not have access to fixed and mobile internet service offering speeds greater than one hundred megabits per second downstream and twenty megabits per second upstream; and
X. "unserved" means an area or property that either does not have access to fixed and mobile 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 1999, ch. 295, § 3; 2013, ch. 194, § 2; 2021, ch. 118, § 1; 2021, ch. 120, § 8; 2026, ch. 34, § 4.
NMSA 1978, § 63-9H-4 Regulation by commission
63-9H-4. Regulation by commission
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 as provided in those acts.
B. The commission has exclusive jurisdiction to regulate incumbent rural telecommunications carriers only in the manner and to the extent authorized by the Rural Telecommunications Act of New Mexico, and Section 63-7-1.1 NMSA 1978 does not apply; provided, however, that the commission's jurisdiction includes the regulation of wholesale rates, including access charges and interconnection agreements consistent with federal law and its enforcement and a determination of participation in low-income telephone service assistance programs pursuant to the Rural Telecommunications Act of New Mexico.
C. The commission shall adopt rules consistent with the requirement for relaxed regulation for incumbent rural telecommunications carriers set forth in the Rural Telecommunications Act of New Mexico that provide for:
(1) reduced filing requirements for applicants in rate increase proceedings under the Rural Telecommunications Act of New Mexico and proceedings under that act seeking payments from the fund; and
(2) expedited consideration in all proceedings initiated pursuant to the Rural Telecommunications Act of New Mexico in order to reduce the cost and burden for incumbent rural telecommunications carriers and other applicants.
Laws 1999, ch. 295, § 4; 2013, ch. 194, § 3; 2026, ch. 34, § 5.
NMSA 1978, § 63-9H-5 Certificate required
63-9H-5. Certificate required
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 carrier first having obtained from the commission a certificate declaring that the operation is in the present or future public convenience and necessity, unless the operation is otherwise authorized by the Rural Telecommunications Act of New Mexico.
C. The commission has full power and authority to determine matters of public convenience and necessity relating to the issuance of a certificate of public convenience and necessity to a provider of rural public telecommunications service, but in keeping with the purposes of the Rural Telecommunications Act of New Mexico and the federal act, the commission shall not deny an applicant a certificate on the grounds of need if it is shown that the applicant possesses adequate financial resources and technical competency to provide the service.
D. For purposes of considering and acting upon applications for certificates pursuant to this section, the commission may adopt rules on a competitively neutral basis and consistent with the provisions of the Rural Telecommunications Act of New Mexico and the federal act, necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of rural public telecommunications services and safeguard the rights of the consumers.
E. In determining whether to issue a certificate to provide rural public telecommunications service, the commission shall consider the following:
(1) whether the applicant has sufficient financial resources to provide the proposed telecommunications service properly and continuously;
(2) whether the applicant has competent and experienced management and personnel to provide the proposed telecommunications service;
(3) whether the applicant is willing and able to conform to all applicable laws and the rules of the commission applicable generally to providers of telecommunications; and
(4) if any exemption, suspension or modification is available to any provider of the subject service in the subject area.
F. All certificates of public convenience and necessity shall:
(1) continue in force, notwithstanding the provisions of this section; and
(2) remain subject to all terms and conditions imposed by statute or commission order at the time of issuance or in connection with any subsequent amendment, notwithstanding the provisions of this section.
Laws 1999, ch. 295, § 5.
NMSA 1978, § 63-9H-6 State rural universal service fund; establishment
63-9H-6. State rural universal service fund; establishment
A. The commission shall implement and maintain a "state rural universal service fund" to maintain and support universal service provided by eligible telecommunications carriers, including commercial mobile radio services carriers, as are determined by the commission. As used in this section, "universal service" means basic local exchange service, comparable retail alternative services at affordable rates, service pursuant to a low-income telecommunications assistance plan and broadband internet access service to unserved and underserved areas as determined by the commission.
B. The fund shall be financed by a surcharge on intrastate retail public telecommunications services to be determined by the commission, excluding services provided pursuant to a low-income telecommunications assistance plan billed to end-user customers by a telecommunications carrier, and excluding all amounts from surcharges, gross receipts taxes, excise taxes, franchise fees and similar charges. For the purpose of funding the fund, the commission has the authority to apply the surcharge on intrastate retail public telecommunications services provided by telecommunications carriers, including commercial mobile radio services and voice over internet protocol services, at a competitively and technologically neutral rate or rates to be determined by the commission. The commission may establish the surcharge as a percentage of intrastate retail public telecommunications services revenue or as a fixed amount applicable to each communication connection. For purposes of this section, a "communication connection" means a voice-enabled telephone access line, wireless voice connection, unique voice over internet protocol service connection or other uniquely identifiable functional equivalent as determined by the commission. Such surcharges shall be competitively and technologically neutral. Money deposited in the fund is not public money, and the administration of the fund is not subject to the provisions of law regulating public funds. The commission shall not apply this surcharge to a private telecommunications network; to the state, a county, a municipality or other governmental entity; to a public school district; to a public institution of higher education; to eligible households that participate in the low-income telecommunications assistance program; to an Indian nation, tribe or pueblo; or to Native American customers who reside on tribal or pueblo land.
C. The fund shall be competitively and technologically neutral, equitable and nondiscriminatory in its collection and distribution of funds, portable between eligible telecommunications carriers and additionally shall provide a specific, predictable and sufficient support mechanism as determined by the commission that ensures universal service in the state.
D. The commission shall:
(1) establish eligibility criteria for participation in the fund consistent with federal law that ensure the availability of universal service at affordable rates. The eligibility criteria shall not restrict or limit an eligible telecommunications carrier from receiving federal universal service support;
(2) provide for the collection of the surcharge on a competitively neutral basis and for the administration and disbursement of money from the fund;
(3) determine those services and areas requiring support from the fund;
(4) provide for the separate administration and disbursement of federal universal service funds consistent with federal law; and
(5) establish affordability benchmark rates for local residential and business services that shall be utilized in determining the level of support from the fund. The process for determining subsequent adjustments to the benchmark shall be established through a rulemaking.
E. All incumbent telecommunications carriers and competitive carriers already designated as eligible telecommunications carriers for the fund shall be eligible for participation in the fund. All other carriers that choose to become eligible to receive support from the fund may petition the commission to be designated as an eligible telecommunications carrier for the fund. The commission may grant eligible carrier status to a competitive carrier in a rural area upon a finding that granting the application is in the public interest. In making a public interest finding, the commission may consider at least the following items:
(1) the impact of designation of an additional eligible carrier on the size of the fund;
(2) the unique advantages and disadvantages of the competitor's service offering; and
(3) any commitments made regarding the quality of service.
F. The commission shall adopt rules, including a provision for variances, for the implementation and administration of the fund in accordance with the provisions of this section. The rules shall enumerate the appropriate uses of fund support and any restrictions on the use of fund support by eligible telecommunications carriers. The rules shall require that through December 31, 2028, an eligible telecommunications carrier receiving support from the fund pursuant to Subsection K, L, M or N of this section shall expend no less than sixty percent of the support it receives to deploy and maintain broadband internet access services in rural areas of the state. In subsequent years, the rules shall require that an eligible telecommunications carrier receiving support from the fund pursuant to Subsection K, L, M or N of this section shall expend no less than one hundred percent of the support it receives to deploy and maintain broadband internet access services. The rules also shall provide for annual reporting by eligible telecommunications carriers verifying that the reporting carrier continues to meet the requirements for designation as an eligible telecommunications carrier for purposes of the fund and is in compliance with the commission's rules, including the provisions regarding use of support from the fund.
G. The commission shall, upon implementation of the fund, select a neutral third-party administrator to collect, administer and disburse money from the fund under the supervision and control of the commission pursuant to established criteria and rules promulgated by the commission. The administrator may be reasonably compensated for the specified services from the surcharge proceeds to be received by the fund pursuant to Subsection B of this section. For purposes of this subsection, the commission shall not be a neutral third-party administrator.
H. The fund established by the commission shall ensure the availability of universal service as determined by the commission at affordable rates in rural areas of the state; provided, however, that nothing in this section shall be construed as granting any authority to the commission to regulate broadband internet access services.
I. The commission shall ensure that intrastate switched access charges are equal to interstate switched access charges established by the federal communications commission as of January 1, 2006. Nothing in this section shall preclude the commission from considering further adjustments to intrastate switched access charges based on changes to interstate switched access charges.
J. To ensure that providers of intrastate retail communications service contribute to the fund and to further ensure that the surcharge determined pursuant to Subsection B of this section to be paid by the end-user customer will be held to a minimum, the commission shall adopt rules, or take other appropriate action, to require all such providers to participate in a plan to ensure accurate reporting.
K. The commission shall authorize payments from the fund to incumbent local exchange carriers, in combination with revenue-neutral rate rebalancing up to the affordability benchmark rates. Beginning in 2018, the commission shall make access reduction support payments in the amount made from the fund in base year 2014, adjusted each year thereafter by:
(1) the annual percentage change in the number of access lines served by the incumbent local exchange carriers receiving such support for the prior calendar year, as compared to base year 2014; and
(2) changes in the affordability benchmark rates that have occurred since 2014.
L. Notwithstanding the provisions of Subsection K of this section, the annual amount of access reduction support payments for an eligible incumbent local exchange carrier in each year shall be equal to the annual access reduction support payments for that eligible incumbent local exchange carrier for the year 2023.
M. The commission shall determine the methodology to be used to authorize payments to all other carriers that apply for and receive eligible carrier status; provided that:
(1) an eligible incumbent telecommunications carrier that is not eligible for funding pursuant to rate rebalancing in Subsection K of this section and that has been previously authorized pursuant to Subsection N of this section for need-based support may apply for ongoing fund support at the annual amount previously authorized in 2023;
(2) the commission shall award an applicant ongoing fund support at no less than the average access line amount of funding support for comparable carriers;
(3) the commission shall act upon a request for ongoing fund support within one hundred twenty days of the filing of the request; and
(4) nothing in this subsection shall limit the commission's authority to adopt rules regarding appropriate uses of fund support and any restrictions on the use of the fund support by eligible telecommunications carriers.
N. The commission may also authorize payments from the fund to incumbent rural telecommunications carriers or to telecommunications carriers providing comparable retail alternative services that have been designated as eligible telecommunications carriers serving in rural areas of the state upon a finding, based on factors that may include a carrier's regulated revenues, expenses or investment, by the commission that such payments are needed to ensure the widespread availability and affordability of universal service. The commission shall decide cases filed pursuant to this subsection with reasonable promptness, with or without a hearing, but no later than six months following the filing of an application seeking payments from the fund, unless the commission finds that a longer time will be required, in which case the commission may extend the period for an additional three months.
Laws 1999, ch. 295, § 6; 2005, ch. 335, § 1; 2013, ch. 194, § 4; 2017, ch. 89, § 1; 2021, ch. 118, § 2; 2021, ch. 120, § 9; 2023, ch. 37, § 1; 2025, ch. 117, § 1; 2026, ch. 34, § 6.
NMSA 1978, § 63-9H-7 Regulation of retail rates of incumbent rural telecommunications carrier
63-9H-7. Regulation of retail rates of incumbent rural 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 rural telecommunications carrier shall file tariffs for all retail public telecommunications services that, other than residential local exchange service, shall be effective after ten days' notice to its customers and the commission. An incumbent rural telecommunications carrier shall remain subject to complaint by an interested party subject to Section 63-9H-10 NMSA 1978.
C. An incumbent rural telecommunications carrier may increase its rates for residential local exchange service in the manner provided in Subsection B of this section to comply with requirements imposed by any federal or state law or rule. The procedures of Subsections D, E and F of this section shall not apply to increases under this subsection.
D. Except as provided in Subsection C of this section, rates for residential local exchange service may be increased by an incumbent rural telecommunications carrier only after sixty days' notice to all affected subscribers. The notice of increase shall include:
(1) the reasons for the rate increase;
(2) a description of the affected service;
(3) an explanation of the right of the subscriber to petition the commission for a public hearing on the rate increase;
(4) a list of local exchange areas that are affected by the proposed rate increase; and
(5) the dates, times and places for the public informational meetings required by this section.
E. An incumbent rural telecommunications carrier that proposes to increase its rates for residential local exchange service pursuant to Subsection D of this section shall hold at least one public informational meeting in each public regulation commissioner's district as established by the Public Regulation Commission Apportionment Act [Chapter 8, Article 7 NMSA 1978] in which there is a local exchange area affected by the rate change.
F. Residential local exchange service rates increased by an incumbent rural telecommunications carrier pursuant to Subsections D and E of this section shall be reviewed by the commission only upon written protest signed by two and one-half percent of all affected subscribers or upon the commission staff's own motion for good cause. The protest shall specifically set forth the particular rate or charge as to which review is requested, the reasons for the requested review and the relief that the persons protesting desire. If a proper protest is presented to the commission within sixty days from the date notice of the rate change was sent to affected subscribers of an incumbent rural telecommunications carrier, the commission may accept and file the complaint and, upon proper notice, may suspend the rates at issue during the pendency of the proceedings and reinstate the rates previously in effect and shall hold and complete a hearing thereon within ninety days after filing to determine if the rates as proposed are fair, just and reasonable. The commission may, within sixty days after close of the hearing, enter an order adjusting the rates at issue, except that the commission shall not set any rate below the intrastate cost of providing the service, which shall include the cost methodology and rate of return authorized by the federal communications commission. In the order, the commission may order a refund of amounts collected in excess of the rates and charges as approved at the hearing, which may be paid as a credit against billings for future services. If the complaint is denied, the commission shall enter an order denying the complaint within sixty days after the close of the hearing, and the rates shall be deemed approved. For purposes of this section, cost shall also include a reasonable amount of joint and common costs incurred by the telecommunications carrier in its operations and may include other accounting adjustments authorized by the commission.
G. An incumbent rural telecommunications carrier may at any time elect to file an application with the commission requesting the commission to prescribe fair, just and reasonable rates for the carrier, based on the carrier's revenue, expenses and investment in accordance with traditional rate-making principles factors that may include the carrier's revenues, expenses or investment, in a manner consistent with the policy calling for relaxed regulation of incumbent rural telecommunications carriers expressed in Section 63-9H-2 NMSA 1978 and Subsection C of Section 63-9H-4 NMSA 1978. The commission shall decide cases filed under this subsection with reasonable promptness but no later than nine months following the filing of an application, unless the commission finds that a longer time will be required, in which case the commission may extend the period for an additional three months.
H. Rates for local exchange, vertical and long distance service to retail end-user customers may be reduced to a level equal to, but not below, the intrastate cost, which shall include the cost methodology and rate of return authorized by the federal communications commission. If an incumbent rural telecommunications carrier loses its exemption pursuant to Section 251 of the federal act, the rate for a service, excluding basic service, must cover the cost of the service, including the imputed rate of wholesale service elements as may be required by the commission. The cost of long distance service must also include any interexchange access rates charged to another telecommunications carrier for the service.
I. An incumbent rural telecommunications carrier operating pursuant to this section shall have the ability to offer or discontinue offering special incentives, discounts, packaged offerings, temporary rate waivers or other promotions, or to offer individual contracts.
Laws 1999, ch. 295, § 7; 2005, ch. 335, § 2; 2013, ch. 194, § 5.
NMSA 1978, § 63-9H-8 Exemption for private service
63-9H-8. Exemption for private service
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 Telecommunications Act of New Mexico.
Laws 1999, ch. 295, § 8.
NMSA 1978, § 63-9H-9 Regulation of individual contracts to facilitate competition
63-9H-9. Regulation of individual contracts to facilitate competition
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 telecommunications service under stated or negotiated terms to any person or entity that has acquired or is preparing to acquire, through construction, lease or any other form of acquisition, similar public telecommunications services from an alternate source.
B. At any time, the provider of rural public telecommunications services may file a verified application with the commission for authorization to provide a public telecommunications service on an individual contract basis. The application shall describe the telecommunications services to be offered, the party to be served and the parties offering the service, together with other information and in a form that the commission may prescribe. Such additional information shall be reasonably related to the determination of the existence of a competitive offer.
C. An application is deemed approved when filed unless the commission denies it. The commission shall approve or deny any such application within ten days after filing or a different period established by the commission, not to exceed sixty days, giving consideration to the requirements of any contract negotiations. If the commission has not acted on any application within the time period established, the application is deemed granted. The commission shall deny the application only upon a finding that the application fails to set forth prescribed information or that the subject or comparable services are not being offered to the customer by parties other than the applicant or that the contract fails to cover the costs of the service.
D. Within ten days after the conclusion of negotiations, the provider of rural public telecommunications services shall file with the commission the final contract or other evidence of the service to be provided, together with the charges and other conditions of the service, which shall be maintained by the commission on a confidential basis subject to an appropriate protective order.
Laws 1999, ch. 295, § 9.
NMSA 1978, § 63-9H-10 Complaint alleging violation by provider of rural public telecommunications services
63-9H-10. Complaint alleging violation by provider of rural public 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 rule of the commission issued pursuant to that act.
B. Upon filing of the complaint, the commission shall set the time and place of hearing and at least ten days' notice of the hearing shall be given to the party complained of. Service of notice of the hearing shall be made in any manner giving actual notice.
C. All matters upon which complaint may be founded may be joined in one hearing and a complaint is not defective for misjoinder or nonjoinder of parties or causes, either before the commission or on review by the courts. The persons the commission allows to intervene shall be joined and heard, along with the complainant and the party complained of.
D. The burden shall be on the party complaining to show a violation of a provision of the Rural Telecommunications Act of New Mexico or an order or rule of the commission issued pursuant to that act.
E. After conclusion of the hearing, the commission shall make and file an order containing its findings of fact and decision. A copy of the order shall be served upon the party complained of or his attorney.
F. Conduct of the hearings and rendering of decisions shall be governed by the rules of practice and procedure promulgated by the commission.
Laws 1999, ch. 295, § 10.
NMSA 1978, § 63-9H-11 Validity of orders; substantial compliance with act sufficient
63-9H-11. Validity of orders; substantial compliance with act 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 omission of a technical nature, in respect thereto.
Laws 1999, ch. 295, § 11.
NMSA 1978, § 63-9H-12 Appeal of orders of the commission
63-9H-12. Appeal of orders of the commission
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 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.
Laws 1999, ch. 295, § 12.
NMSA 1978, § 63-9H-13 Appeal on the record
63-9H-13. Appeal on the record
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 supported by substantial evidence in the record; or
(3) otherwise not in accordance with law.
Laws 1999, ch. 295, § 13.
NMSA 1978, § 63-9H-14 Injunctions; contempt
63-9H-14. Injunctions; contempt
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 to enforce such injunctions by contempt procedure.
Laws 1999, ch. 295, § 14.
NMSA 1978, § 63-9H-15 Low-income telecommunications assistance and broadband programs; reports
63-9H-15. Low-income telecommunications assistance and broadband programs; reports
A. By January 1, 2027, the commission shall promulgate rules to implement a low-income telecommunications assistance program to ensure affordable access to telecommunications services to eligible low-income households in New Mexico. Rules adopted pursuant to this subsection shall:
(1) complement the lifeline program administered by the federal communications commission or a successor federal broadband affordability program;
(2) mirror quality of service standards for fixed broadband and mobile broadband provided to a broadband serviceable location established by the federal communications commission;
(3) establish a mechanism by which a participating eligible telecommunications carrier may be reimbursed from the fund for reduced rates provided to eligible households at levels up to the retail charges for qualifying services;
(4) require participating eligible telecommunications carriers to use the national verifier or national lifeline accountability database administered by the federal communications commission, a successor federal broadband affordability database or an alternative mechanism approved by the commission to verify eligible households under Paragraph (5) of this subsection; and
(5) provide for an eligible telecommunications carrier to provide assistance in the form of reduced rates to households that:
(a) include a student identified by the public education department who is determined to be at risk pursuant to the final judgment in the Yazzie/Martinez v. State of New Mexico consolidated lawsuit;
(b) meet the eligibility criteria of one or more need-based assistance programs administered by the health care authority; or
(c) are eligible for support under the federal lifeline program or a successor program.
B. Subject to state and federal laws and regulations governing the sharing of confidential information, the public education department and health care authority shall cooperate with the commission and eligible telecommunications carriers in identifying those persons eligible for assistance from the low-income telecommunications assistance program.
C. The commission shall adopt rules to establish and implement a broadband program to provide funding to assist eligible telecommunications carriers in the construction or maintenance of rural broadband infrastructure to ensure that all New Mexico residents have access to broadband internet access service that meets the quality of service standards established pursuant to the Broadband Access and Expansion Act [Chapter 63, Article 9J NMSA 1978] or by the federal communications commission if state standards are not established pursuant to the Broadband Access and Expansion Act; provided that rules adopted pursuant to this subsection shall:
(1) consider applications for funding on a technology-neutral basis;
(2) require that applications for funding be submitted to the office for prioritization and alignment with the statewide broadband plan;
(3) require that the awards of support be consistent with federal universal service support programs; and
(4) require tribal consent for all applications that propose to provide service on the sovereign land of an Indian nation, tribe or pueblo in New Mexico.
D. By October 1 of each year, the commission shall make a report to the interim committee that studies economic and rural development, the legislative finance committee, the legislative education study committee and the interim committee that studies technology and telecommunications regarding the status of the broadband program and the low-income telecommunications assistance program. The report shall be shared with the office, the public education department and the health care authority. The report shall include, at a minimum:
(1) the number of households receiving assistance from the low-income telecommunications assistance program pursuant to this section;
(2) the number of households in New Mexico eligible for low-income telecommunications assistance pursuant to this section based on eligible households identified by the public education department, the health care authority and the federal communications commission;
(3) the estimated cost of providing low-income telecommunications assistance to all eligible households in New Mexico;
(4) the service areas that received funding awards from the broadband program, the amounts of those awards and the nature of the awards;
(5) the proposed construction time lines for all new broadband construction;
(6) a comparison of the annual broadband operation and maintenance funding provided by the commission each year, broken down by individual carrier;
(7) recommendations for changes to the structure, size and purposes of the fund, including:
(a) whether the cap on the low-income telecommunications assistance program provided for in Subsection C of Section 8 [63-9H-16 NMSA 1978] of this 2026 act should be modified, maintained or eliminated; and
(b) whether the cap on the broadband program provided for in Subsection B of Section 8 of this 2026 act should be modified, maintained or eliminated;
(8) details regarding collaboration with the office in the implementation and operation of the broadband program; and
(9) details regarding collaboration with the public education department and the health care authority in the implementation and operation of the low-income telecommunications assistance program.
Laws 2026, ch. 34, § 7.
NMSA 1978, § 63-9H-16 State rural universal service fund budget caps
63-9H-16. State rural universal service fund budget caps
The total obligations of the fund determined by the commission, plus administrative expenses and a prudent fund balance, shall not exceed a cap of:
A. eighteen million dollars ($18,000,000) pursuant to the access reduction support, need-based support and comparable carrier support in Subsections K through N of Section 63-9H-6 NMSA 1978;
B. twelve million dollars ($12,000,000) pursuant to the broadband program in Subsection C of Section 7 [63-9H-15 NMSA 1978] of this 2026 act; and
C. pursuant to the low-income telecommunications assistance program:
(1) ten million dollars ($10,000,000) in the first year of the program; and
(2) forty-five million dollars ($45,000,000) per year in subsequent years of the program.
Laws 2026, ch. 34, § 8.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18566/index.doFetched: 10/20/2026