SB152 revises New Mexico’s telecommunications statutes to create a new low-income telecommunications assistance program and to restructure the state’s broadband support framework. The bill directs the Public Regulation Commission to adopt rules by January 1, 2027, to provide reduced-rate telecommunications service to eligible low-income households, including households tied to federal Lifeline eligibility, certain need-based health care assistance programs, and some students identified as at risk under the Yazzie/Martinez litigation. It also requires annual reporting on participation, estimated need, program costs, and coordination with the Public Education Department and Health Care Authority.
The bill also updates the state rural universal service fund to support broadband deployment and maintenance in rural areas, while preserving support for basic service and certain carrier payments. It establishes a separate broadband program for rural infrastructure, requires technology-neutral application review, and mandates tribal consent for projects on sovereign tribal lands. In addition, SB152 amends surcharge statutes so that customers receiving low-income assistance are exempt from certain 911 and telecommunications relay service surcharges, and it removes the prior Low Income Telephone Service Assistance Act by repealing Sections 63-9C-1 through 63-9C-6 of the NMSA 1978.
Impact
SB152 makes substantial changes to the Rural Telecommunications Act of New Mexico and related surcharge laws. It creates a new statutory low-income telecommunications assistance program, adds a broadband infrastructure support program, sets budget caps for the rural universal service fund and the new programs, and requires recurring legislative reporting. It also amends the 911 emergency surcharge and telecommunications relay service surcharge provisions to exempt low-income program participants, and it repeals the older Low Income Telephone Service Assistance Act, replacing that framework with the new program structure.
Sentiment
The bill appears to have broad legislative support. It passed the Senate unanimously, 37-0, and passed the House with a clear majority, 47-14. The voting pattern suggests general agreement with expanding affordability assistance and rural broadband support, though the House vote indicates some reservations among a minority of members.
Contention
The main points of potential contention are likely the size and structure of the new funding commitments, the use of the state rural universal service fund, and the new budget caps for the low-income assistance and broadband programs. Another possible area of concern is the administrative complexity of coordinating eligibility across the commission, the Public Education Department, and the Health Care Authority, as well as the requirement for tribal consent for projects on sovereign lands. The bill’s repeal of the prior low-income telephone assistance act and replacement with a new program may also have raised questions about transition and implementation.