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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
