S 155 USE OF TELECOMM FUND FOR BROADBAND

Sen Michael Padilla

Actions: [2] SIRC/STBTC-SIRC [7] DP/a-STBTC [12] DNP-CS/DP - PASSED/S (38-0) [15] HCEDC/HAFC-HCEDC [17] DP-HAFC- w/drn [18] PASSED/H (53-0) SGND BY GOV (Mar. 30) Ch. 37.

Scheduled: Not Scheduled

 Senate Bill 155 (SB 155) amends the Rural Telecommunications Act of New Mexico by providing for the use of the State Rural Universal Service Fund for consumer broadband-only loops. It provides definitions. 
COMMITTEE SUBSTITUTE 
3/8/23
The Senate Tax, Business And Transportation Committee introduced a committee substitute for SB 155A SIRC (CS/SB155 STBTC) to amend the Rural Telecommunications Act of New Mexico. It provides for the use of the State Rural Universal Service Fund for consumer broadband.

 

 Senate Bill 155 (SB 155) expands the definition section in the Rural Telecommunications Act of New Mexico to include access line; broadband internet access service; and consumer broadband-only loop (Section 63-9H-3 NMSA 1978) and makes technical changes.  The latter definition means a broadband internet access service offered by a local exchange carrier that does not include local exchange service.
SB 155 authorizes the commission to use the State Rural Universal Service Fund for access reduction payments for consumer broadband-only loop when a regulated traditional voice service is not used. These changes would be effective in 2023.
SB 155 requires the commission to authorize payments from the Fund to incumbent rural telecommunications carriers or to telecommunications carriers under certain circumstances. A petition from such a carrier may be based on a petitioner’s lack of financial stability or for a proposed network development project.
SB 155 would be effective 1 July 2023.
 

 2/2/23
The Senate Indian, Rural and Cultural Affairs Committee amended SB 155 (SB 155A SIRC) by limiting the number of access lines to be used in the calculation of the amount of the access reduction support payments made to an eligible incumbent local carrier to no more than the number of that carrier’s lines that existed on 31 December 2021.
 

 3/8/23
The Senate Tax, Business and Transportation Committee introduced a committee substitute for SB 155A SIRC (CS/SB155 STBTC) to amend the Rural Telecommunications Act of New Mexico (Section 63-9H-6 NMSA 1978). It freezes the annual amount of access reduction support payments for an eligible incumbent local exchange carrier in 2024, 2025 and 2026 to that paid by the incumbent local exchange in 2023. These payments will terminate after 31 December 2026. It provides for the use of thirty million dollars ($30,000,000) from the State Rural Universal Service Fund less certain amounts expended for the construction and maintenance of broadband infrastructure. 
CS/SB 155 STBTC requires in 2025 that the annual report made by 1 October each year (subsection R) will include an assessment that specifies several component parts concerning the functioning of the fund and policy recommendations/considerations.
CS/SB 155 STBTC would be effective 1 July 2023.
 

 SB 155 duplicates HB 206.
SB 155A duplicates HB 206A.