NM Stat § 63-9J-3 (2021)
2021 New Mexico Statutes|Chapter 63 - Railroads and Communications|Article 9J - Broadband Access and Expansion|Section 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 of information technology.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 state 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.History: Laws 2021, ch. 123, § 3. ANNOTATIONSEffective dates. — Laws 2021, ch. 123 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.