SENATE JOINT MEMORIAL 38

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Phil A. Griego and Debbie A. Rodella

A JOINT MEMORIAL

REQUESTING THAT THE FEDERAL COMMUNICATIONS COMMISSION ADOPT BROADBAND AND UNIVERSAL SERVICE FUND REFORMS THAT PRESERVE REQUIRED STATUTORY MANDATES AND PROMOTE BROADBAND DEPLOYMENT IN ALL HIGH-COST AREAS.

     WHEREAS, the legislature of the state of New Mexico is concerned about the potential adverse impacts that the federal communications commission's proposed broadband and universal service fund reforms may have on investment and economic development in New Mexico; and

     WHEREAS, New Mexico shares the commission's goals for deploying broadband service to consumers throughout New Mexico and the rest of the nation; and

     WHEREAS, deployment of broadband service at sufficient speeds in high-cost areas is critical to enabling consumers to benefit from the continued availability and expansion of broadband connectivity, thus avoiding the looming prospect of a lasting "digital divide"; and

     WHEREAS, the current federal communications commission's universal service fund support programs have contributed to the deployment of a robust, advanced telecommunications infrastructure in some high-cost areas in New Mexico, with the result that, today, many telecommunications carriers serving high-cost areas have enhanced networks to allow broadband services to be offered to a high percentage of their customers; and

     WHEREAS, the federal communication commission's reform of universal service fund high-cost support should result in a program that is properly sized and targeted to high-cost rural areas in order to achieve the goal of universal service and avoid adverse impacts on the ongoing operation and maintenance of the modern voice and data networks and services currently provided by telecommunications carriers serving high-cost areas in New Mexico; and

     WHEREAS, a significant reduction in the amount of support provided to rural carriers under the universal service fund high-cost support program could result in unreasonably large rate increases and elimination of services for customers in rural New Mexico in order to replace the federal universal service fund support that some rural carriers have received for several decades; and

     WHEREAS, if the current federal universal service fund support program is eliminated without a workable replacement support program for high-cost rural areas, the reformed universal service fund support program will not meet the statutory requirements of U.S.C. 47.5, 254(b)(3) for comparable service, comparable rates and sufficient, predictable universal service fund support for investment in high-cost areas of the nation; and

     WHEREAS, the commission's broadband and universal service fund reforms must adequately account for the high cost of operations and maintenance for serving high-cost rural areas in New Mexico for both existing and future voice and broadband networks; and

     WHEREAS, uncertainty created by the federal communications commission's proposed broadband and universal service fund reforms is likely to have a chilling effect on the availability of capital to fund future rural broadband development;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the proposed broadband and universal service fund reforms pending before the federal communications commission be considered in such a manner that addresses required statutory mandates for comparable service, comparable rates and explicit universal service fund support for investment in high-cost areas of the nation and that such reforms result in the appropriate amount of support being made available to all telecommunications carriers serving high-cost areas consistently; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the federal communications commission, to each of the current commissioners of the commission, to the New Mexico congressional delegation and to the public regulation commission.

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