HOUSE BILL 529

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Zachary J. Cook

AN ACT

RELATING TO TELECOMMUNICATIONS SERVICES; PERMITTING THE PUBLIC REGULATION COMMISSION TO RESOLVE CONFLICTS BETWEEN CERTAIN LOCAL GOVERNMENTS AND CERTAIN TELECOMMUNICATIONS SERVICE PROVIDERS.

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

     SECTION 1. Section 62-1-3 NMSA 1978 (being Laws 1909, Chapter 141, Section 3, as amended) is amended to read:

     "62-1-3. USE OF HIGHWAYS AND STREETS--POWER OF COUNTY COMMISSIONERS.--

          A. The boards of county commissioners of the several counties are authorized to permit corporations organized pursuant to Section 62-1-1 NMSA 1978, public utilities under the Public Utility Act and companies that provide public telecommunications service pursuant to the New Mexico Telecommunications Act to use the public highways and the streets and alleys of unincorporated towns for their pipes, poles, wires, cables, conduits, towers, transformer stations and other fixtures, appliances and structures; provided that such use shall not unnecessarily obstruct public travel; and provided further that the boards of county commissioners and municipal authorities of incorporated cities and towns are authorized to grant franchises not exceeding twenty-five years' duration to corporations for such purposes within their respective jurisdictions. A board of county commissioners is authorized to impose charges for reasonable actual expenses incurred in the granting of any franchise pursuant to this section.

          B. The commission may resolve any conflicts that arise between a provider of public telecommunications service and the board of county commissioners or the governing body of a municipality that has granted the provider a franchise."

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