Grant Program Rules
NOTICE IS HEREBY GIVEN that the Department of Information Technology (“DoIT”) and the Connect New Mexico Council (“Council”), pursuant Paragraphs A and B of Section 9-27-6 NMSA 1978 and Paragraph C of Section 63-9K-4 NMSA 1978, proposes to amend 1.12.21 NMAC, GRANT PROGRAM RULES
PURPOSE OF THE PROPOSED NEW RULE IS: The purpose of these amendments to the rules is to ensure that sponsoring bodies comply with the State Tribal Collaboration Act in the development or administration of programs subject to the rules that directly affect American Indians. To add electric cooperatives and telephone cooperatives to the definition of grantee or subrecipient for purposes of assistance grants.
STATUTORY AUTHORITY: Paragraphs A and B of Section 9-27-6 NMSA 1978; Paragraph C of Section 63-9K-4 NMSA 1978.
Copies of the Notice of Proposed Rulemaking and proposed rule are available by electronic download from the DoIT website https://www.doit.nm.gov/category/latest-news/ or the New Mexico Sunshine Portal.
DoIT will hold a public in-person/virtual hearing on the proposed amendments on Thursday, February 29, 2024 at 11:00 a.m. at the New Mexico State Capitol, 490 Old Santa Fe Trail, Room #311, Santa Fe, NM 87501. Oral comments will be accepted at the in-person/virtual hearing from members of the public and any interested parties.
Interested Parties may submit written comments by mail or via the DoIT website. Written comments and proposals will be accepted until 5:00 pm on February 15, 2024. Comments may be submitted online at https://www.doit.nm.gov/category/latest-news/ or by sending original copies to:
Renee Narvaiz, Department of Information Technology 715 Alta Vista St., Santa Fe, NM 87505
Written comments suggesting changes or alternatives to the proposed amendments should provide justification for each suggested change or alternative and include all suggested rule language necessary to effectuate the suggested change or alternative. Suggested changes should be provided in a redline format showing proposed deletions and additions.
Written comments must be received no later than 5 p.m. (MDT) on February 15, 2024. DoIT encourages the early submission of written comments.
SPECIAL NEEDS: Any person with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or other auxiliary aid or service to attend or participate in the hearing should contact Renee Narvaiz at 505-827-2416 at least ten (10) business days prior to the hearing.
The Council and DoIT will consider all oral comments and will review all timely submitted written comments and responses.
Note
When uploading, you are able to attach multiple documents but need to select all of them at once rather than trying to upload each document individually. The system will overwrite each upload every time you select something new.
In response to the Connect New Mexico Council (“Council”) and New Mexico Department of Information Technology’s (“DoIT”) Notice of Proposed Rulemaking 1.12.21.8, Windstream submits these comments stemming from its vast experience with state-administered broadband programs utilizing public funds. In New Mexico, Windstream has received over $5 million in grant funds. Windstream is a prospective subgrantee under the state’s upcoming BEAD program and was an active participant in New Mexico’s Initial Proposal public comment period.
Windstream seeks clarity as to how the proposed changes to DoIT’s Grant Program Rules will affect the BEAD application process, as the proposed Rule changes the approach set forth in Volume 2 of the Initial Proposal. Specifically, for projects that propose to provide service on tribal lands, Volume 2 stated “lack of pre-application tribal consent will not be a disqualifying factor” while the proposed Rule would require an applicant to “obtain a Certification of Consent from the tribal council or authorized tribal entity” at the application stage.
Windstream understands and supports the requirement that tribal consent be obtained by a provider planning a project affecting tribal lands and seeks to be a valued economic partner of New Mexico’s tribal communities. Windstream recommends that the tribal consent requirement apply to grant awardees rather than grant applicants. As Windstream reviews all published BEAD plans in its 18-state footprint, it recommends an alternative approach taken in at least one other state that will require applicants to document tribal coordination in the application submission. Then, the applicant must obtain tribal within 90 days of the award or face cancellation of the award. This approach offers a balanced solution that considers the practicalities of the application stage and the requirement for documented tribal consent and transparency. As written, the proposed Rule is a deterrent to program participation and places tribes in the position of vetting multiple applicants’ proposed projects without consideration to any requirements contained in a specific grant program.
Windstream appreciates the opportunity to offer its insight at this stage in DoIT’s Rulemaking process and welcomes further discussions. Windstream stands ready to partner with New Mexico to continue to close the digital divide and extend fiber broadband service to unserved and underserved areas.
“In response to the Connect New Mexico Council (“Council”) and New Mexico Department of Information Technology’s (“DoIT”) Notice of Proposed Rulemaking 1.12.21.8, Windstream submits these comments stemming from its vast experience with state-administered broadband programs utilizing public funds. In New Mexico, Windstream has received over $5 million in grant funds. Windstream is a prospective subgrantee under the state’s upcoming BEAD program and was an active participant in New Mexico’s Initial Proposal public comment period.
Windstream seeks clarity as to how the proposed changes to DoIT’s Grant Program Rules will affect the BEAD application process, as the proposed Rule changes the approach set forth in Volume 2 of the Initial Proposal. Specifically, for projects that propose to provide service on tribal lands, Volume 2 stated “lack of pre-application tribal consent will not be a disqualifying factor” while the proposed Rule would require an applicant to “obtain a Certification of Consent from the tribal council or authorized tribal entity” at the application stage.
Windstream understands and supports the requirement that tribal consent be obtained by a provider planning a project affecting tribal lands and seeks to be a valued economic partner of New Mexico’s tribal communities. Windstream recommends that the tribal consent requirement apply to grant awardees rather than grant applicants. As Windstream reviews all published BEAD plans in its 18-state footprint, it recommends an alternative approach taken in at least one other state that will require applicants to document tribal coordination in the application submission. Then, the applicant must obtain tribal within 90 days of the award or face cancellation of the award. This approach offers a balanced solution that considers the practicalities of the application stage and the requirement for documented tribal consent and transparency. As written, the proposed Rule is a deterrent to program participation and places tribes in the position of vetting multiple applicants’ proposed projects without consideration to any requirements contained in a specific grant program.
Windstream appreciates the opportunity to offer its insight at this stage in DoIT’s Rulemaking process and welcomes further discussions. Windstream stands ready to partner with New Mexico to continue to close the digital divide and extend fiber broadband service to unserved and underserved areas.