46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO TELECOMMUNICATIONS; ENACTING A NEW SECTION OF THE NEW MEXICO TELECOMMUNICATIONS ACT CONCERNING GRANTS OF ACCESS TO TELECOMMUNICATIONS COMPANIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the New Mexico Telecommunications Act is enacted to read:

"[NEW MATERIAL] GRANTS OF ACCESS.--

A. A telecommunications company shall not be required to accept an order for telecommunications service on private, public or Native American land unless the owner, federal or state agency, Native American nation, tribe or pueblo or other person with jurisdiction over the land provides the telecommunications company with rights of way, permits, easements, licenses and other grants necessary for the telecommunications company to access the land.

B. The commission shall not impose penalties on or take adverse action against a telecommunications company for a delay in installing telecommunications facilities or providing telecommunications service if the telecommunications company demonstrates to the commission that:

(1) the sole reason for the delay is the telecommunications company's inability to obtain rights of way, permits, easements, licenses or other grants for access necessary to the installation of the facilities or the provision of the service; and

(2) the telecommunications company has made good faith efforts to obtain the necessary rights of way, permits, easements, licenses or other grants for access."