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 […]
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) […]
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 […]
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 […]
Section 63-9I-2 – Definitions.
As used in the Wireless Consumer Advanced Infrastructure Investment Act: A. “antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used to provide wireless services; B. “applicable codes” means uniform building, fire, electrical, plumbing or mechanical codes adopted by a recognized national code organization and enacted by the authority, […]
Section 63-9I-3 – Wireless provider; use of right of way; rates, fees and terms; right to access; damage and repair.
A. This section applies to the activities of a wireless provider within a right of way. B. An authority shall not enter into an exclusive agreement with a wireless provider for the use of a right of way in: (1) constructing, installing, maintaining, modifying, operating or replacing a utility pole; or (2) collocating a small […]
Section 63-9I-4 – Collocation of a small wireless facility; permits; application; fee.
A. This section applies to a wireless provider’s collocation activities within a right of way. B. An authority may prohibit, regulate or charge for the collocation of a small wireless facility only as provided in this section and Sections 3 [63-9I-3 NMSA 1978], 6 [63-9I-6 NMSA 1978] and 7 [63-9I-7 NMSA 1978] of the Wireless […]
Section 63-9I-5 – Installation, replacement or modification of a utility pole; permits; application; fee.
A. This section applies to the activities of a wireless provider in installing a new, replacement or modified utility pole associated with the collocation of a small wireless facility in a right of way. B. A new, replacement or modified utility pole associated with the collocation of a small wireless facility and installed in a […]
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 […]
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 […]