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 […]
Section 63-9K-7 – Data collection; annual report.
A. By October 1 of each year, the department, 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 […]
Section 63-10-1 to 63-10-3 – Repealed.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 — Laws 1997, ch. 50, § 6 repealed 63-10-1 to 63-10-3 NMSA 1978, as enacted by Laws 1977, ch. 95, § 1 and Laws 1985, ch. 74, §§ 1 and 3, relating to cable television service facilities and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 […]
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.
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” […]
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 […]
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 […]
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 […]
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 […]
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. […]