New Mexico Statutes Chapter 63. Railroads and Communications § 63-9J-2. Definitions

A. “broadband infrastructure” means facilities and equipment used to provide internet service, excluding telecommunications equipment owned, controlled or operated by a public or private end user;

B. “broadband office” means the office of broadband access and expansion;

C. “department”, unless otherwise specified, means the department of information technology;

D. “director” means the director of the broadband office;

E. “end user” means an individual, business, institution or governmental entity that subscribes to an internet service and does not resell that service to other individuals or entities;

F. “facilities-based provider” means a provider of internet service to end users in New Mexico using facilities that satisfy any of the following criteria:

G. “internet” means a global set of computing and electronic devices interconnected through networking infrastructures to provide data and information sharing and communication facilities;

H. “local government” means the government of a municipality, county or political subdivision of the state;

I. “open access” means equal nondiscriminatory access to the state-owned broadband network by eligible entities on a technologically and competitively neutral basis, regardless of whether the entity is privately or publicly owned;

J. “public educational institution” means a public school, a school district, a public post-secondary educational institution or an agency that provides administrative, funding or technical support to public schools, school districts and public post-secondary educational institutions;

K. “quality of service” means the standards established by the federal communications commission;

L. “state-owned broadband network” means the state-owned broadband infrastructure that is owned, leased or operated by the department;

M. “statewide broadband plan” means a plan, including recommended statutory changes and implementation procedures, for the development and expansion of broadband infrastructure and services throughout the state to meet the needs:

N. “underserved” means an area or property that does not have access to internet service offering speeds greater than one hundred megabits downstream and twenty megabits upstream; and

O. “unserved” means an area or property that either does not have access to internet service at all or only has access to internet service offering speeds below twenty-five megabits per second downstream or three megabits per second upstream.