HOUSE BILL 281

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

W. Ken Martinez

AN ACT

RELATING TO TELECOMMUNICATIONS; PROVIDING CONDITIONS FOR ACCESS BY A TELECOMMUNICATIONS PROVIDER ON PRIVATE PROPERTY FOR USE BY A TENANT.

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] DISCRIMINATION PROHIBITED--CONDITIONS--ENFORCEMENT.--

          A. A private property owner shall not:

                (1) prevent or otherwise interfere with the installation of a telecommunications service facility by a public telecommunications service provider for use by a tenant on the owner's property;

                (2) discriminate in the terms, conditions or compensation imposed for the installation of a telecommunications service facility by a public telecommunications service provider or use of such facility by a tenant on the owner's property;

                (3) demand or accept an unreasonable payment from a tenant or a public telecommunications service provider for allowing the provider access to the owner's property; or

                (4) discriminate in favor of or against a tenant, including rental charge discrimination, because of the tenant's choice of public telecommunications service provider from which the tenant receives a public telecommunications service.

          B. A private property owner may:

                (1) impose a condition on the public telecommunications service provider that is reasonably necessary to protect:

                     (a) the safety, security, appearance or condition of the property; or

                     (b) the safety or convenience of other persons;

                (2) impose a reasonable limitation on the time at which the public telecommunications service provider may have access to the property to install and perform routine maintenance on a telecommunications service facility; provided, however, that the public telecommunications service provider shall have continual, uninterrupted, twenty-four-hour-per-day access to perform repairs to a telecommunications service facility in the event of a service interruption;

                (3) impose a reasonable limitation on the number of public telecommunications service providers that have access to the owner's property, if the owner can demonstrate a space constraint that requires the limitation;

                (4) require the tenant or the public telecommunications service provider to agree to indemnify the owner for damage to the owner's property caused by the installation, operation or removal of a telecommunications service facility;

                (5) require the tenant or the public telecommunications service provider to bear the cost of the installation, operation or removal of a telecommunications service facility; and

                (6) require the public telecommunications service provider to pay compensation for access to and use of the owner's property that is reasonable and does not discriminate among providers.

          C. The commission has the power and authority to enforce this section.

          D. In considering whether compensation demanded by a property owner is reasonable, the commission shall consider the costs to the property owner of permitting installation of a telecommunications service facility on the owner's property.

          E. For purposes of this section:

                (1) "private property owner" means

                     (a) a person other than a governmental agency holding fee simple title to real property and improvements to real property; or

                     (b) an agent, representative, employee or assignee of the fee simple title holder in matters related to the use of such property;

                (2) "public telecommunications service provider" means a person that holds a certificate of public convenience and necessity to provide public telecommunications service within the state and its agents, subcontractors and representatives; and

                (3) "telecommunications service facility" means all property used in connection with the provision of telecommunications service."

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