§ 63-9J-3 — Office of broadband access and expansion created;

director; standards; data collection; statewide broadband plan; assistance for political subdivisions. A. The "office of broadband access and expansion" is created and is administratively attached to the department. B. The broadband office shall be managed by the director, who shall be appointed by the governor. The director may hire staff as needed to meet the responsibilities of the broadband office. C. The broadband office shall: (1) establish by rule standards for quality of service for homes, businesses and public institutions; (2) create and maintain an official, publicly accessible online New Mexico broadband access map showing broadband availability and quality of service for homes, businesses and public institutions on a county-by-county basis; and (3) create and maintain a repository for broadband data and information in New Mexico on a county-by-county basis, including: (a) the number of homes and businesses that do not have access to broadband service; (b) the number of homes and businesses that have broadband service that falls below the quality of service standards established by the broadband office; and (c) the locations of broadband infrastructure currently owned or projected for construction by the state or local governments on a county-by-county basis. D. On or before January 1, 2022, the broadband office shall develop and provide to the governor and the legislature a three-year statewide broadband plan. E. On or before January 1, 2023, and on or before January 1 of each year thereafter, the broadband office shall update and revise the statewide broadband plan developed pursuant to this section for the ensuing three years and report the updated and revised statewide broadband plan to the governor and the legislature. In its initial plan pursuant to Subsection D of this section and in its annual revised and updated plan pursuant to this subsection, the broadband office shall provide an assessment of broadband service across the state compared to the standards established by the various federal broadband regulatory and assistance programs. F. In the development of the statewide broadband plan, the broadband office shall request advice and provide opportunities for meaningful input from each local and tribal government within New Mexico, and all state agencies and public educational institutions shall cooperate with and provide relevant broadband-related information collected or developed by the agencies as requested by the broadband office. G. The broadband office shall implement the statewide broadband plan. H. The broadband office shall provide technical and planning assistance to local governments, public educational institutions and state agencies in the design, development or implementation of their own plans for the development of broadband service. When providing planning and technical assistance, the broadband office shall encourage the use of regional planning and may provide planning and technical assistance to tribal government agencies and schools when those entities are participants in a joint powers agreement with a county, municipality, political subdivision, public educational institution or agency or memorandum of understanding for the design, development or implementation of a regional broadband plan. I. The broadband office may form an advisory committee comprising representatives of state, local and tribal government agencies and the general public to facilitate the collection of information and the development of proposals for the statewide broadband plan; provided that if an advisory committee is formed, at least three different tribal agencies shall be represented on the committee. J. In furtherance of statewide broadband planning, all facilities-based providers shall report semiannually to the broadband office the same data in the same format that is reported to the federal communications commission pursuant to federal law governing data submitted for broadband mapping. The reports shall be submitted each year on or before April 1, with regard to data existing as of December 31 of the prior year, and on or before October 1, with regard to data existing as of June 30 of the then current year. All information reported by a facilities-based provider pursuant to this subsection shall be maintained as confidential information by the broadband office in accordance with applicable state or federal law. K. The reporting requirements set forth in Subsection J of this section do not apply to tribal corporations federally chartered by the bureau of Indian affairs. L. The broadband office may adopt rules requiring facilities-based providers to report data in addition to the data required pursuant to Subsection J of this section; provided that no such rule shall require a facilities-based provider to report any such data more frequently than twice per year.

Legislative History

Laws 2021, ch. 123, § 3; 2023, ch. 132, § 8.