44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO TELECOMMUNICATIONS; ESTABLISHING PROVISIONS TO ENSURE COMPETITION AND PROTECT CONSUMER CHOICE WITH RESPECT TO HIGH-SPEED INTERNET ACCESS AND OTHER DATA SERVICES PROVIDED AND TO FURTHER ENSURE THAT CONSUMERS OF BASIC CABLE SERVICE ARE NOT REQUIRED TO SUBSIDIZE THE PROVISION OF PUBLIC TELECOMMUNICATIONS SERVICES.

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] TELECOMMUNICATIONS CARRIERS PROVIDING ADVANCED PUBLIC TELECOMMUNICATIONS SERVICES.

A. A telecommunications carrier that uses its own cable television network facilities, or those of an affiliate, to provide public telecommunications services regulated by the commission shall not subsidize the provision of those public telecommunications services from the provision of video programming.

B. To the extent that telecommunications carriers have an obligation pursuant to state or federal law to provide open and nondiscriminatory access to nonaffiliated providers of internet and on-line services, a telecommunications carrier that uses its own cable television network facilities, or those of an affiliate, to provide public telecommunications services, including high-speed internet access and other data services, shall allow nonaffiliated providers of internet and on-line services to have open and nondiscriminatory access to the cable modem platform and transport services of the telecommunications carrier that are used for the delivery of that telecommunications carrier's own internet and on-line services.

C. A telecommunications carrier that uses its own cable television network facilities, or those of an affiliate, to provide public telecommunications services shall allow open and nondiscriminatory access at prices based on the telecommunications carrier's costs of providing the cable modem platform and transport services, as determined by the commission.