SB 164 — WIRELESS CONSUMER INFRASTRUCTURE CHANGES

or h [(d)] (c) a utility easement that does g o t hr not authorize the deployment sought by a wireless provider;

g e i k P.

"small wireless facility" means a wireless h r i s facility whose:

h , t, (1) antennas are, or could fit, inside an e u g e b l e e h enclosure with a volume of six or fewer cubic feet;

and n d d i = = o h (2) other ground- or pole-mounted wireless el t] 17b ,d i a º e equipment, not including the following, is twenty-eight or wr li n= r t e w d 18m a n o fewer cubic feet in volume:

=d =m 19: a l (a) electric meter;

ib e d s º o t n = .229878.1AIC February 19, 2025 (8:53pm) s k m e - 4 - e a n e d r 20e (b)l concealmentu elements;[ A d (a) electric meter;

a(b) tconcealment melements; m 21 (c) telecommunications demarcation box;

d(c) rtelecommunications edemarcation 22box; (d) grounding equipment;

c(d) egrounding sequipment; k 23 (e) power transfer switch;

e(e) apower ntransfer b 24 (f) cutoff switch;

u(f) [cutoff (g)switch; vertical cable runs for the .229878.1 - 4 - connection of power and other services;

(g) vertical cable runs for the connection of power and other services;

and h (2) does not include a wireless support g o t hr structure or electric transmission structure;

g e i k R.

h r i s (1) means equipment at a fixed location that h , t, enables wireless communications between user equipment and a e u g e b l e e h communications network, including:

n d d i = = o h (a) equipment associated with wireless el t] 17b ,d i a º e communications;

and wr li n d 18 (b) radio transceivers, antennas, = =r 19t ae lw coaxiald orm fiber-optic cables, regular and backup power i a en ro 20(b) suppliesradio andtransceivers, comparableantennas, equipment,d regardless of technological a t m m: 21 configuration;

b e d rs º o t n = .229878.1AIC February 19, 2025 (8:53pm) s k m e 22- (2)5 includes- e a smalln wirelesse facility;d r e l u [ A d coaxial or fiber-optic cables, regular and backup power supplies and comparable equipment, regardless of technological configuration;

and(2) cincludes ea ssmall kwireless 23facility; (3) does not include:

eand a(3) ndoes bnot 24include: (a) the structure or improvements on, u [ under or within which the equipment is collocated;

.229878.1(a) -the 5structure -or (b)improvements aon, wirelineunder backhaul facility, coaxial cable or fiber-opticwithin cablewhich betweenthe wirelessequipment supportis structurescollocated; or utility poles;

(b) a wireline backhaul facility, coaxial cable or fiber-optic cable between wireless support structures or utility poles;

"wireless infrastructure provider" means a person, other than a wireless services provider, that may provide telecommunications service in New Mexico and that h builds or installs wireless communications transmission g o t hr equipment, wireless facilities' utility poles or wireless g e i k support structures;

h r i s T.

"wireless provider" means a wireless h , t, infrastructure provider or wireless services provider;

e u g e b l e e h U.

"wireless services" means services provided to n d d i = = o h the public that use licensed or unlicensed spectrum, either el t] 17b ,d i a º e mobile or at a fixed location, through wireless facilities;

wr li n= r t e w d 18m a n o V.

"wireless services provider" means a person that =d =m 19: a l provides wireless services;

ib e d s º o t n = .229878.1AIC February 19, 2025 (8:53pm) s k m e - 6 - e a n e d r 20e W.l u [ A d provides wireless services;

"wirelessW. support structure" means a a t m m 21 freestanding structure, including a monopole or guyed or d r e 22 self-supporting tower, but not including a utility pole;

and"wireless csupport estructure" smeans ka 23freestanding X.structure, including a monopole or guyed or self-supporting tower, but not including a utility pole;

"wirelineand backhaulX. facility" means a facility e a n b 24 used to transport services by wire from a wireless facility to u [ a network." .229878.1 - 6 -

"wireline backhaul facility" means a facility used to transport services by wire from a wireless facility to a network." STBTCº SECTION 2.

Section 63-9I-8 NMSA 1978 (being Laws 2018, Chapter 17, Section 8 and Laws 2018, Chapter 69, Section 8) is amended to read:

"63-9I-8.

SCOPE OF [LOCAL] AUTHORITY.-- A.

Except as otherwise provided in the Wireless Consumer Advanced Infrastructure Investment Act, an authority may exercise its zoning, land use, planning and permitting authority and its police power for the installation, modification and replacement of wireless support structures and h utility poles.

g o t hr B.

An authority's power to control the design, g e i k engineering, construction, installation or operation of a small h r i s wireless facility in an interior structure or on the site of a h , t, e u g campus, stadium or athletic facility not owned or controlled by e b l e e h the authority is limited to its authority to enforce compliance n d d i = = o h with applicable codes.

l ] b ,d i a º e r i = r C.

The Wireless Consumer Advanced Infrastructure t e w d m a n o Investment Act does not authorize the state or a political d m :

b e d s º o t n = .229878.1AIC February 19, 2025 (8:53pm) s k m e - 7 - e a n e d r e l u [ A d subdivision of the state to require small wireless facility deployment or to regulate wireless services.

D.

If an authority determines that a utility pole or the wireless support structure of a wireless provider must be relocated to accommodate a public project, the provider shall assume the costs of relocating the wireless facilities deployed on the pole or structure.

E.

Nothing in the Wireless Consumer Advanced Infrastructure Investment Act shall limit the authority of the commissioner of public lands to set rates, terms and conditions for the use of lands within the custody and control of the commissioner of public lands."»STBTC - 8 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .229878.1AIC February 19, 2025 (8:53pm) s k m e e a n e d r e l u [ A d