NMSA 63-9H-15. Low-income telecommunications assistance and

63-9H-15. Low-income telecommunications assistance and broadband programs; reports. A. By January 1, 2027, the commission shall promulgate rules to implement a low- income telecommunications assistance program to ensure affordable access to telecommunications services to eligible low-income households in New Mexico. Rules adopted pursuant to this subsection shall: (1) complement the lifeline program administered by the federal communications commission or a successor federal broadband affordability program; (2) mirror quality of service standards for fixed broadband and mobile broadband provided to a broadband serviceable location established by the federal communications commission; (3) establish a mechanism by which a participating eligible telecommunications carrier may be reimbursed from the fund for reduced rates provided to eligible households at levels up to the retail charges for qualifying services; (4) require participating eligible telecommunications carriers to use the national verifier or national lifeline accountability database administered by the federal communications commission, a successor federal broadband affordability database or an alternative mechanism approved by the commission to verify eligible households under Paragraph (5) of this subsection; and (5) provide for an eligible telecommunications carrier to provide assistance in the form of reduced rates to households that: (a) include a student identified by the public education department who is determined to be at risk pursuant to the final judgment in the Yazzie/Martinez v. State of New Mexico consolidated lawsuit; (b) meet the eligibility criteria of one or more need-based assistance programs administered by the health care authority; or (c) are eligible for support under the federal lifeline program or a successor program. B. Subject to state and federal laws and regulations governing the sharing of confidential information, the public education department and health care authority shall cooperate with the commission and eligible telecommunications carriers in identifying those persons eligible for assistance from the low-income telecommunications assistance program. C. The commission shall adopt rules to establish and implement a broadband program to provide funding to assist eligible telecommunications carriers in the construction or maintenance of rural broadband infrastructure to ensure that all New Mexico residents have access to broadband internet access service that meets the quality of service standards established pursuant to the Broadband Access and Expansion Act [Chapter 63, Article 9J NMSA 1978] or by the federal communications commission if state standards are not established pursuant to the Broadband Access and Expansion Act; provided that rules adopted pursuant to this subsection shall: (1) consider applications for funding on a technology-neutral basis; (2) require that applications for funding be submitted to the office for prioritization and alignment with the statewide broadband plan; (3) require that the awards of support be consistent with federal universal service support programs; and (4) require tribal consent for all applications that propose to provide service on the sovereign land of an Indian nation, tribe or pueblo in New Mexico. D. By October 1 of each year, the commission shall make a report to the interim committee that studies economic and rural development, the legislative finance committee, the legislative education study committee and the interim committee that studies technology and telecommunications regarding the status of the broadband program and the low-income telecommunications assistance program. The report shall be shared with the office, the public education department and the health care authority. The report shall include, at a minimum: (1) the number of households receiving assistance from the low-income telecommunications assistance program pursuant to this section; (2) the number of households in New Mexico eligible for low-income telecommunications assistance pursuant to this section based on eligible households identified by the public education department, the health care authority and the federal communications commission; (3) the estimated cost of providing low-income telecommunications assistance to all eligible households in New Mexico; (4) the service areas that received funding awards from the broadband program, the amounts of those awards and the nature of the awards; (5) the proposed construction time lines for all new broadband construction; (6) a comparison of the annual broadband operation and maintenance funding provided by the commission each year, broken down by individual carrier; (7) recommendations for changes to the structure, size and purposes of the fund, including: (a) whether the cap on the low-income telecommunications assistance program provided for in Subsection C of Section 8 [63-9H-16 NMSA 1978] of this 2026 act should be modified, maintained or eliminated; and (b) whether the cap on the broadband program provided for in Subsection B of Section 8 of this 2026 act should be modified, maintained or eliminated; (8) details regarding collaboration with the office in the implementation and operation of the broadband program; and (9) details regarding collaboration with the public education department and the health care authority in the implementation and operation of the low-income telecommunications assistance program. History: Laws 2026, ch. 34, § 7.