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Affordability Law

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Broadband Affordability Law

The 2026 New Mexico Legislature passed Senate Bill 152 to provide funding for LITAP, the New Mexico "Low Income Telecommunications Assistance Program” to address Broadband Affordability statewide!

Laptop and smartphone with dollar signs overlaying the image

UPDATE - July 2026
​

PRC proposes rules for NM’s new broadband affordability program

Internet affordability law begins December 1 to help low-income families
​

The New Mexico Public Regulation Commission (PRC) has announced that the state’s new broadband affordability bill will begin December 1, allowing tens of thousands of low-income New Mexico families to apply for up to $30 per month in broadband discounts and $70 for Tribal homes.
​
The PRC released its Notice of Proposed Rulemaking (NOPR) for the historic Low-Income Telecommunications Assistance Program (LITAP), an initiative designed to make broadband more affordable to as many as 27,000 families in the first year. The legislation, SB 152, was sponsored by Senator Michael Padilla and Representatives Sarinana and Herndon, was spearheaded by the Office of Broadband Access and Expansion (OBAE) and prepared in consultation with the PRC. The bill was signed into law in March by Governor Michelle Lujan Grisham.


The PRC has proposed specific steps for New Mexico families to follow, and the rulemaking process includes provider eligibility requirements, policies for households, a public hearing and public comment period before the start-up date in December.
Download Proposed Rules
To participate in LITAP, all internet service providers must be designated as an Eligible Telecommunications Carrier (ETC), a provider approved by the receive Universal Service Fund (USF) subsidies. The PRC has issued the rules and procedures for LITAP:
  • The internet service provider must first establish eligibility to provide LITAP as an ETC with the Federal Communications Commission or the PRC.
  • The local ETC must then notify all broadband recipients that the discount program is available.
  • The customer then applies for service directly with their internet service provider.
  • The ETC verifies the household’s eligibility to receive a discount through the FCC’s National Verifier, its centralized qualification and application system.
  • The ETC provides the lower-rate service.
  • The ETC then requests reimbursement from the PRC.

As part of the proposed rules, the PRC is inviting the public to comment and speak out on the newly established procedures regarding the new broadband affordability law and its applications.

A copy of the proposed rule is available here or directly through PRCe360, which allows users to electronically access and file requests for records or dockets that fall under the New Mexico Public Regulation Commission.
  • The public may submit written initial comments to be filed no later than September 11, 2026. Written responsive comments may be filed no later than September 21, 2026. 
  • The PRC will hold a public hearing on October 1, 2026, at 1pm at the Wendell Chino Building, Pecos Hall at 1220 S. Saint Francis Drive, Santa Fe, NM, 87505. There will also be a Zoom available, and anyone who wishes to comment via Zoom may contact PRC’s Patrick Rodriguez at public.comment@ prc.nm.gov or by phone at (505) 490-7910.
  • Download and read a copy of the proposed rules here.

OBAE plans to submit comment by the September 11 deadline and response comment by the September 21 deadline. 

The new broadband affordability law authorizes $10 million in broadband funding to specifically assist low-income families with affording high-speed internet. The money comes from the State Rural Universal Service Fund which is administered by the PRC. After the first year, the PRC may approve up to $45 million to offer broadband subsidies.  This means more than 100,000 New Mexico families could eventually receive broadband assistance.

​With this new law, New Mexico became the first state to enact a law to replace the now defunct federal Affordable Connectivity Program (ACP) which had provided broadband discounts for millions of Americans. More than 180,000 New Mexicans had used the ACP.  

SB 152 authorizes $10 million in broadband funding to help low-income families afford broadband service. This bill is critical to help ensure everyone, despite their income level, has access to broadband.  SB 152 was introduced by Senate Majority Whip Michael Padilla (D-14) and cosponsored by State Representatives Pamelya Herndon (D-28) and Debra Sariñana (D-21). It was prepared by OBAE in consultation with the New Mexico Public Regulation Commission (PRC). (Download and read SB 152) The funding comes from the State Rural Universal Service Fund, which by current statute, has $40 million specifically earmarked for broadband programs.

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