reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9G - Cramming and Slamming › Section 63-9G-7 - Change in service or provider; telephone bills.

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 charges for other telecommunications services.
B. The local exchange company that serves as the billing agent shall not allocate a customer's payment to a disputed charge or change until the charge or change has been verified.
History:
Laws 1999, ch. 138, § 7.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9G - Cramming and Slamming › Section 63-9G-8 - Sales to be in clear language; false or misleading 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, including contract sellers.
C. A seller that attempts to persuade a customer to purchase telecommunications services or change his provider shall make adequate inquiry to reasonably ensure that he is talking to the customer. The seller shall also, at a minimum, clearly and unambiguously:
(1) identify himself and the company for which he works;
(2) identify the provider that he is asking the customer to use or the telecommunications service he is asking the customer to purchase; and
(3) explain the material terms and price of the purchase or change in provider.
D. A seller shall not use false or misleading information or tactics that would be considered by a prudent person to be pressure tactics to convince the customer to purchase a telecommunications service or change a provider.
E. The commission shall prescribe by rule the requirements for clearly and unambiguously selling and verifying the sale of telecommunications services or providers.
History:
Laws 1999, ch. 138, § 8.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9G - Cramming and Slamming › Section 63-9G-9 - Cramming or slamming; damage to credit; penalty; civil 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 as follows:
(1) for threatening to injure a customer's credit, a fine not to exceed one thousand dollars ($1,000) per occurrence; and
(2) for injuring a customer's credit by providing a false, misleading or negative report about the customer to a credit reporting agency, a fine not to exceed ten thousand dollars ($10,000) per occurrence.
B. A person is barred from bringing a civil action against a customer to collect for charges resulting from cramming or slamming.
History:
Laws 1999, ch. 138, § 9.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999.
Applicability.
— Laws 1999, ch. 138, § 11, effective June 18, 1999, made the Cramming and Slamming Act applicable to telecommunications services provided to customers on or after July 1, 1999.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9H - Rural Telecommunications › Section 63-9H-1 - Short title.

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.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, added the NMSA chapter and article for the Rural Telecommunications Act; and at the beginning of the sentence, changed "This act" to "Chapter 63, Article 9H NMSA 1978".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9H - Rural Telecommunications › Section 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.
History:
Laws 1999, ch. 295, § 2.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9H - Rural Telecommunications › Section 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 Low Income Telephone Service Assistance Act [Chapter 63, Article 9C NMSA 1978].
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.
History:
Laws 1999, ch. 295, § 4; 2013, ch. 194, § 3.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, provided for the adoption of rules for the relaxed regulation of incumbent rural telecommunications carriers; in Subsection B, after "jurisdiction to regulate", added "incumbent"; and added Subsection C.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9H - Rural Telecommunications › Section 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.
History:
Laws 1999, ch. 295, § 5.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
Cross references.
— For the federal Telecommunications Act of 1996,
see
Titles 15, 18, and 47 of the United States Code.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9H - Rural Telecommunications › Section 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.
History:
Laws 1999, ch. 295, § 8.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9H - Rural Telecommunications › Section 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.
History:
Laws 1999, ch. 295, § 9.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9H - Rural Telecommunications › Section 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.
History:
Laws 1999, ch. 295, § 10.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9H - Rural Telecommunications › Section 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.
History:
Laws 1999, ch. 295, § 11.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9H - Rural Telecommunications › Section 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.
History:
Laws 1999, ch. 295, § 12.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
Commission's order permanently barring carrier from ever filing a petition in the future was beyond the scope of the commission's authority.
— Where appellant petitioned the New Mexico public regulation commission (commission) for designation as an eligible telecommunications carrier (ETC) to receive low-income federal universal service support funds pursuant to the federal Communications Act of 1934, as amended by the federal Telecommunications Act of 1996, and where the hearing examiner recommended that the petition be dismissed with prejudice and that appellant be banned from ever again filing a petition to obtain an ETC designation, the commission erred in adopting the hearing examiner's recommendation, because while the hearing examiner may recommend dismissal of a proceeding, and the commission has the power to dismiss a proceeding on its own motion, the commission lacks express or implied statutory authority to dismiss an ETC designation with prejudice to permanently bar a carrier from ever again seeking an ETC designation.
Q Link Wireless LLC v. N.M. Pub. Regulation Comm'n
, 2023-NMSC-012.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9H - Rural Telecommunications › Section 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.
History:
Laws 1999, ch. 295, § 13.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
Cross references.
— For the Rules of Appellate Procedure,
see
Rule 12-101 NMRA.
Commission's order permanently barring carrier from ever filing a petition in the future was beyond the scope of the commission's authority.
— Where appellant petitioned the New Mexico public regulation commission (commission) for designation as an eligible telecommunications carrier (ETC) to receive low-income federal universal service support funds pursuant to the federal Communications Act of 1934, as amended by the federal Telecommunications Act of 1996, and where the hearing examiner recommended that the petition be dismissed with prejudice and that appellant be banned from ever again filing a petition to obtain an ETC designation, the commission erred in adopting the hearing examiner's recommendation, because while the hearing examiner may recommend dismissal of a proceeding, and the commission has the power to dismiss a proceeding on its own motion, the commission lacks express or implied statutory authority to dismiss an ETC designation with prejudice to permanently bar a carrier from ever again seeking an ETC designation.
Q Link Wireless LLC v. N.M. Pub. Regulation Comm'n
, 2023-NMSC-012.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9H - Rural Telecommunications › Section 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.
History:
Laws 1999, ch. 295, § 14.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9I - Wireless Consumer Advanced Infrastructure Investment › Section 63-9I-1 - Short title.

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.
ANNOTATIONS
Duplicate laws.
— Laws 2018, ch. 17, § 1 and Laws 2018, ch. 69, § 1, both effective September 1, 2018, enacted identical new sections. The section was set out as enacted Laws 2018, ch. 69, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9I - Wireless Consumer Advanced Infrastructure Investment › Section 63-9I-6 - Access to authority utility poles; rates and fees; 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 wireless facility on an authority utility pole shall not vary according to the services provided by the collocating person.
C. The rate to collocate a small wireless facility on an authority utility pole shall not exceed twenty dollars ($20.00) per utility pole per year.
D. An authority shall process an application for a permit to collocate a small wireless facility on an authority utility pole in accordance with Section 4 [63-9I-4 NMSA 1978] of the Wireless Consumer Advanced Infrastructure Investment Act. The authority may condition the issuance of the permit on the wireless provider's replacement of the authority utility pole if the authority determines that applicable codes or local laws concerning public safety require that replacement. The authority shall process an application for a permit to install a replacement authority utility pole in accordance with Section 5 [63-9I-5 NMSA 1978] of the Wireless Consumer Advanced Infrastructure Investment Act. The authority shall retain ownership of the replacement utility pole.
E. An authority may prohibit, regulate and charge for the collocation of a small wireless facility on a wireless support structure owned by the authority.
History:
Laws 2018, ch. 17, § 6 and Laws 2018, ch. 69, § 6.
ANNOTATIONS
Duplicate laws.
— Laws 2018, ch. 17, § 6 and Laws 2018, ch. 69, § 6, both effective September 1, 2018, enacted identical new sections. The section was set out as enacted Laws 2018, ch. 69, § 6.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9I - Wireless Consumer Advanced Infrastructure Investment › Section 63-9I-7 - Establishment of rates, fees and terms; extension of term to 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 setting forth those rates, fees and terms. Documents showing the rates, fees and terms agreed to by an authority and a wireless provider are public records.
B. The rates, fees and terms for a wireless provider's use of a right of way as set forth in Section 3 [63-9I-3 NMSA 1978] of the Wireless Consumer Advanced Infrastructure Investment Act and for access to authority utility poles as set forth in Section 6 [63-9I-6 NMSA 1978] of that act shall accord with that act, and the terms:
(1) shall be reasonable and nondiscriminatory;
(2) may include requirements that the authority has previously applied to other users of the right of way;
(3) may require that the wireless provider's operation of a small wireless facility in the right of way not interfere with the authority's public safety communications;
(4) except as otherwise provided in Subsection C of Section 5 [63-9I-5 NMSA 1978] of that act, shall not:
(a) require the placement of a small wireless facility on a specific utility pole or category of poles or require multiple antenna systems on a single utility pole; or
(b) restrict the placement of small wireless facilities by imposing minimum horizontal spacing requirements; and
(5) subject to Section 9 [63-9I-9 NMSA 1978] of that act, shall provide for the reasonable accommodation of a power supply to, and electric metering of, the small wireless facility.
C. An agreement between an authority and a wireless provider in effect on the effective date of the Wireless Consumer Advanced Infrastructure Investment Act and that concerns the collocation of one or more small wireless facilities in a right of way, including that collocation on authority utility poles, remains in effect subject to applicable termination provisions. A wireless provider in such an agreement may, after they become effective, accept the rates, fees and terms established in accordance with Subsection B of this section for the small wireless facilities and utility poles that are the subject of an application.
D. If the federal government, the state or an authority declares a disaster and that disaster impedes an authority's or wireless provider's ability to fulfill the duties imposed on it by the Wireless Consumer Advanced Infrastructure Investment Act or by an ordinance adopted in accordance with this section, the term under which those duties must be fulfilled is extended for a reasonable period.
History:
Laws 2018, ch. 17, § 7 and Laws 2018, ch. 69, § 7.
ANNOTATIONS
Duplicate laws.
— Laws 2018, ch. 17, § 7 and Laws 2018, ch. 69, § 7, both effective September 1, 2018, enacted identical new sections. The section was set out as enacted Laws 2018, ch. 69, § 7.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9I - Wireless Consumer Advanced Infrastructure Investment › Section 63-9I-8 - Scope of local authority.

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 structures and utility poles.
B. An authority's power to control the design, engineering, construction, installation or operation of a small wireless facility in an interior structure or on the site of a campus, stadium or athletic facility not owned or controlled by the authority is limited to its authority to enforce compliance with applicable codes.
C. The Wireless Consumer Advanced Infrastructure Investment Act does not authorize the state or a political subdivision of the state to require small wireless facility deployment or to regulate wireless services.
D. If an authority determines that a utility pole or the wireless support structure of a wireless provider must be relocated to accommodate a public project, the provider shall assume the costs of relocating the wireless facilities deployed on the pole or structure.
History:
Laws 2018, ch. 17, § 8 and Laws 2018, ch. 69, § 8.
ANNOTATIONS
Duplicate laws.
— Laws 2018, ch. 17, § 8 and Laws 2018, ch. 69, § 8, both effective September 1, 2018, enacted identical new sections. The section was set out as enacted Laws 2018, ch. 69, § 8.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9I - Wireless Consumer Advanced Infrastructure Investment › Section 63-9I-9 - Applicability.

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, restrict or determine the rates, fees, terms and conditions for the use of, or attachment to, those poles or structures by a wireless provider;
B. confer on an authority any zoning, land use, planning, permitting or other regulatory authority over the utility poles, wireless support structures or small wireless facilities owned, controlled or operated by an investor-owned electric utility or electric cooperative or the installation of those poles, structures or facilities by an investor-owned electric utility or electric cooperative;
C. impose a duty, liability or restriction on any investor-owned electric utility or electric cooperative;
D. amend, modify or otherwise affect the provisions affecting a private easement; or
E. authorize an authority to:
(1) require of a public telecommunications company that provides telecommunications services under a certificate of public convenience and necessity issued by the state an additional grant of authority to provide those services; or
(2) discriminate against such a company in its use of rights of way.
History:
Laws 2018, ch. 17, § 9 and Laws 2018, ch. 69, § 9.
ANNOTATIONS
Duplicate laws.
— Laws 2018, ch. 17, § 9 and Laws 2018, ch. 69, § 9, both effective September 1, 2018, enacted identical new sections. The section was set out as enacted Laws 2018, ch. 69, § 9.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9J - Broadband Access and Expansion › Section 63-9J-1 - Short title.

This act [63-9J-1 to 63-9J-4 NMSA 1978] may be cited as the "Broadband Access and Expansion Act".
History:
Laws 2021, ch. 123, § 1.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9K - Connect New Mexico › Section 63-9K-1 - Short title.

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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 120, § 10 made Laws 2021, ch. 120, § 1 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9K - Connect New Mexico › Section 63-9K-4 - Council; duties.

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 make recommendations for grant awards from the connect New Mexico fund; and
C. adopt rules regarding the administration of grants from the connect New Mexico fund. The rules shall include the application procedure, the required qualifications for projects and the purposes for which the grants may be used.
History:
Laws 2021, ch. 120, § 4; 2023, ch. 155, § 3.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, revised the duties of the connect New Mexico council; in Subsection A, deleted "in consultation with the department, coordinate state agency" and added "advise and make recommendations to the broadband office regarding the coordination of"; in Subsection B, deleted "evaluate and prioritize grant proposals and make grant awards" and added "advise the broadband office concerning the development of a grant program and make recommendations for grant awards"; and in Subsection C, deleted "establishing a competitive grant program to receive funds" and added "regarding the administration of grants".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9K - Connect New Mexico › Section 63-9K-5 - Broadband knowledge and digital equity analysis 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 the lack of affordable quality service, broadband-enabled devices or the knowledge of how to use the devices effectively in different age, cultural or geographic populations across the state;
(2) the federal and private sector programs that could be applied to by state agencies or local or tribal governments to address the challenges identified in Paragraph (1) of this subsection; and
(3) existing state programs or state programs that could be established that address or could leverage federal and private sector programs to address the challenges identified in Paragraph (1) of this subsection.
B. On or before August 1, 2023, the council shall report on the digital equity analysis and plan to the broadband office and appropriate interim legislative committees.
C. On or before January 1, 2024, the broadband office shall incorporate the digital equity analysis and plan and its recommendations into the statewide broadband plan.
D. The broadband office shall cooperate with and provide relevant broadband-related information it collects or develops with the council.
History:
Laws 2021, ch. 120, § 5; 2023, ch. 155, § 4.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, transferred certain duties from the department of information technology to the office of broadband access and expansion; substituted each occurrence of "department" with "broadband office" throughout the section; and in Subsection D, after "relevant broadband-related information", deleted "collected or developed by the department" and added "it collects or develops".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9K - Connect New Mexico › Section 63-9K-7 - Data collection; annual report.

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-county basis.
B. The report shall contain the following information:
(1) progress achieved toward digital equity and digital inclusion as identified in the digital equity analysis and plan;
(2) progress achieved on implementation of the statewide broadband plan;
(3) identified obstacles to an integrated system of permits, licenses and rules for broadband infrastructure across the state, including an expedited review process for rights of way use applications;
(4) recommended statutory, regulatory or policy changes and budget recommendations for the development and expansion of broadband infrastructure and digital equity and digital inclusion; and
(5) information on the broadband grant program, including:
(a) a list of grant recipients;
(b) the amount and date of each grant;
(c) a description of each project funded; and
(d) a description of how each project contributes to the statewide broadband plan and demonstrates increased access and quality of service for the unserved and underserved populations of New Mexico.
History:
Laws 2021, ch. 120, § 7; Laws 2023, ch. 155, § 6.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, transferred certain duties from the department of information technology to the office of broadband access and expansion; and in Subsection A, after "each year, the", deleted "department" and added "broadband office".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 10 - Cable Television Service Facilities (Repealed.) › Section 63-10-1 to 63-10-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1997, ch. 50, § 6 repealed 63-10-1 to 63-10-3 NMSA 1978, as enacted by Laws 1977, ch. 95, § 1 and Laws 1985, ch. 74, §§ 1 and 3, relating to cable television service facilities and related unlawful acts, effective June 20, 1997. For provisions of former sections,
see
the 1996 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 30, Article 33A NMSA 1978.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 11 - Excavation Damage to Cable Television Lines › Section 63-11-1 - Purpose and intent.

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. 328, § 1.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 11 - Excavation Damage to Cable Television Lines › Section 63-11-2 - Definitions.

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, drilling, grading, plowing-in, pulling-in, ripping, scraping, trenching and tunneling;
C. "mechanical excavating equipment" means all equipment powered by any motor, engine or hydraulic or pneumatic device used for excavating and shall include trenchers, bulldozers, back hoes, power shovels, scrapers, draglines, clam shells, augers, drills, cable and pipe plows or other plowing-in or pulling-in equipment;
D. "cable television lines and related facilities" means the facilities of any cable television system or closed circuit coaxial cable communications system or similar §1 transmission service used in connection with any cable television system or other similar closed circuit coaxial cable communications system; and
E. "person" means any individual, partnership, corporation, joint venture, state, subdivision or instrumentality of the state, association or any legal representative thereof.
History:
1953 Comp., § 69-14-2, enacted by Laws 1977, ch. 328, § 2.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 11 - Excavation Damage to Cable Television Lines › Section 63-11-3 - Excavation.

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 the excavation to avoid or minimize interference or damage to any cable television lines and related facilities in or near the excavation area;
C. provide reasonable advance notice of the commencement, extent and duration of the excavation work to the owners of the cable television lines and related facilities in and near the excavation area, so that such owners may locate and mark the location of the cable television lines and related facilities in the excavation area;
D. maintain at least an estimated clearance of eighteen inches between any non-exposed cable television lines and related facilities and the cutting edge or point of any mechanical excavating equipment utilized in such excavation;
E. provide such support for existing cable television lines and related facilities in or near the excavation area as may be reasonably necessary to prevent damage to such cable television lines and related facilities;
F. backfill all excavations in a manner and with materials as may be necessary to prevent damage to and provide reliable support during and following backfilling activities for preexisting cable television lines and related facilities in or near the excavation area; and
G. notify as promptly as possible the owner of any cable television lines and related facilities which may have been damaged or dislocated during the excavation work.
History:
1953 Comp., § 69-14-3, enacted by Laws 1977, ch. 328, § 3.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 11 - Excavation Damage to Cable Television Lines › Section 63-11-4 - Emergency excavation.

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 possible the owners of the cable television lines and related facilities located in or near the emergency excavation area. In the event of any damage to or dislocation of any cable television lines and related facilities caused by the emergency excavation work, the person responsible for the excavation shall immediately notify the owner thereof.
History:
1953 Comp., § 69-14-4, enacted by Laws 1977, ch. 328, § 4.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 11 - Excavation Damage to Cable Television Lines › Section 63-11-5 - Marking of facilities.

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 television lines and related facilities in or near the area of the excavation so as to enable the person engaged in excavation work to locate the cable television lines and related facilities in advance of and during the excavation work.
History:
1953 Comp., § 69-14-5, enacted by Laws 1977, ch. 328, § 5.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 11 - Excavation Damage to Cable Television Lines › Section 63-11-6 - Liability for damage from failure to make reasonable efforts 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 of the cable television lines and related facilities for the entire cost of the repair of the cable television lines and related facilities plus reasonable attorney's fees. It is not the intent of Chapter 63, Article 11 NMSA 1978 to impose civil liability to any person beyond that provided in this section.
B. If any utility or homeowner improvements are damaged by the cable television service, 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 homeowner for the entire cost of the utilities or improvements plus reasonable attorney's fees.
History:
1953 Comp., § 69-14-6, enacted by Laws 1977, ch. 328, § 6; 1985, ch. 74, § 4.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 11 - Excavation Damage to Cable Television Lines › Section 63-11-7 - Liability for negligence notwithstanding information 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 for any damage or injury resulting from his negligence.
History:
1953 Comp., § 69-14-7, enacted by Laws 1977, ch. 328, § 7.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 11 - Excavation Damage to Cable Television Lines › Section 63-11-8 - Penalties.

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 exceed triple the actual amount of damages to the cable television lines and related facilities.
History:
1953 Comp., § 69-14-8, enacted by Laws 1977, ch. 328, § 8.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-1 - Definition of terms. (Repealed effective July 1, 2024.)

In this act [64-1-1 to 64-1-10 NMSA 1978] "aircraft" means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. "Operating aircraft" means performing the services of aircraft pilot.
History:
Laws 1929, ch. 71, § 1; C.S. 1929, § 12-101; 1941 Comp., § 47-101; 1953 Comp., § 44-1-1.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 100, § 82 repealed 64-1-1 NMSA 1978, effective July 1, 2024.
Cross references.
— For the Airborne Hunting Act,
see
17-3-43 to 17-3-47 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation § 2.
Airplane as within terms "vehicle," "motor vehicle," 165 A.L.R. 916.
What is "motor vehicle" within automobile guest statute, 98 A.L.R.2d 543.
What is "aircraft" or the like within meaning of exclusion or exception clause of insurance policy, 39 A.L.R.4th 214.
Liability of owner of wires, poles, or structures struck by aircraft for resulting injury or damage, 49 A.L.R.5th 659.
What constitutes "accident" under Warsaw Convention, 78 A.L.R. Fed. 459.
2A C.J.S. Aeronautics and Aerospace § 3.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-2 - Aircraft; construction, design and airworthiness; federal license. (Repealed effective July 1, 2024.)

The public safety requiring and the advantages of uniform regulation making it desirable in the interest of aeronautical progress that aircraft operating within this state should conform with respect to design, construction and airworthiness to the standards prescribed by the United States government with respect to navigation of aircraft subject to its jurisdiction, it shall be unlawful for any person to navigate an aircraft within the state unless it is licensed and registered by the department of commerce of the United States in the manner prescribed by the lawful rules and regulations of the United States government then in force.
History:
Laws 1929, ch. 71, § 2; C.S. 1929, § 12-102; 1941 Comp., § 47-102; 1953 Comp., § 44-1-2.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 100, § 82 repealed 64-1-2 NMSA 1978, effective July 1, 2024.
Federal regulations define terms in aircraft insurance policies.
— Aircraft insurance policies are not ambiguous where they fail to define the terms "airworthiness certificate," "airworthiness certification" and "full force and effect" because when insurance policies are clearly within the context of aviation, the pertinent federal aviation regulations which define these terms apply.
Security Mut. Cas. Co. v. O'Brien
, 1983-NMSC-035, 99 N.M. 638, 662 P.2d 639.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 30 to 41.
Aircraft operated wholly within state as subject of federal regulation, 9 A.L.R.2d 485.
Personal injury or death allegedly caused by defect in aircraft or its parts, supplies or equipment, 97 A.L.R.3d 627.
Strict liability, in absence of statute, for injury or damage occurring on the ground caused by ascent, descent, or flight of aircraft, 73 A.L.R.4th 416.
2A C.J.S. Aeronautics and Aerospace §§ 39 to 41.