Save New Mexico's Internet

The New Mexico Department of Transportation is publishing new rules to require exorbitant fees for PROW (Public Right of Way) access for telecom, broadband, and cell phone providers. Currently the Department doesn’t require any fees for any public utilities for access to the PROW and after the new rules are published other companies that utilize the PROW for services such as Gas, Electric, or Sewer will still have free access; however, Telecom, Broadband, and Cell phone providers will have to start paying the below fees to the department. Because New Mexico law allows providers to pass these fees to its customers, your Internet and Cell phone bill could possibly double or triple in cost! In one example of the fees, the department will charge $5000.00 per year for 1 mile of fiber in the PROW. Because there are thousands of miles of fiber in the PROW by all providers and 90% of the Internet runs over Fiber all providers will have no choice but to raise rates. See a list of all fees below to be paid by all telecom, wireless, and broadband providers for PROW access.

WE NEED YOUR HELP! Unfortunately, we don’t have unlimited resources to fight the many lawsuits that we have had to file over the years and attorney’s can be quite expensive and telecom lawyers can be as much as $500 per hour. Please consider a donation.  With your donation, we will continue to fight these prohibitive rules and laws that threaten to increase telecom, broadband, and cell phone rates.

HELP US SAVE NEW MEXICO’s INTERNET!  See proposed fees below:
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NMDOT PROW FEES (According to NMDOT Broadband and Telecom Manual - BbTM)

I. Fees

1. A flat fee of $5,000 per mile shall apply to fiber optic telecommunications installations placed within state access-controlled highway rights-of-way.

2. For other locations within state’s rights-of-way or Department-owned property, the following fee structure will apply.

Location Annual Fee

1. Along local roads in rural areas $1,000/mile

2. Along State Highways in rural areas:

a. Where ADT (annual daily traffic) is less than 2,000 $1,000/mile

b. Where ADT (annual daily traffic) is 2,000 or more $2,000/mile

3. Along roads and streets inside urban areas $5,000/mile

3. Annual fees shall continue to be due at the end of the Departments fiscal each year so long as the property on which the utility facilities are located remains public road right-of-way or until said facilities are abandoned as evidence by written notification to the Department.

Fees for Wireless Telecommunications Installations

A. The following fees shall apply to wireless telecommunications installations placed within state highway rights-of-way or on Department-owned property. Any change in location to Site may cause a change within the described fee schedule and payment to Department. Fees are based on the type of tower, which must be less than 50 feet. Antennae are also included in the following fee schedule.

1. Self-Supporting Tower/Antenna................…........$3,500

2. Monopole/Antenna......................................……..$2,000

3. Attachments to Existing Utility/Light Poles..........$1,500

4. Co-Location on NMDOT Tower..............…..........$3,500

B. The following fees for towers over 50 ft. are based on geographic location and average daily traffic counts:

Location Fee per year

URBAN or where ADT is 2,000 or more $9,000

SUBURBAN or where ADT is less than 2,000 $6,000

(and not deemed RURAL)

RURAL along states highways and local roads $3,000

in rural areas

Tenants on Existing Self-Supporting Tower $3,500

C. All permit fees must be paid to the Department using the NMDOT E-Permitting Platform. The Department will not accept cash.