Broadband Service Terms and Conditions

Central New Mexico Electric Cooperative (CNMEC)

Effective Date: August 7, 2025

These Terms and Conditions govern the provision of broadband internet service (“Service”) by Central New Mexico Electric Cooperative (“CNMEC”), and Co-op Community Connect (“CCC”), a division of CNMEC, to the requesting member (“Member”). By requesting or using the Service, the Member agrees to the following:

1. Service Eligibility and Availability 

1.1 Broadband service is available only to locations within CNMEC’s defined service area and is subject to the availability of network infrastructure and technical feasibility.

1.2 All service requests are subject to review and approval by CNMEC. CNMEC reserves the right to determine whether it is technically or economically feasible to provide service at any requested location.

2. Right of Access to Property

2.1 By requesting broadband service, the Member grants CNMEC, its contractors, and representatives the right of access to, across, under, and above the Member’s property for the purposes of installing, operating, inspecting, maintaining, repairing, upgrading, or removing fiber optic cable, network equipment, and related infrastructure necessary to provide service.

2.2 This right of access includes:

Access to CNMEC-owned poles, ducts, rights-of-way, or equipment located on or adjacent to the Member’s property;

The use of mechanical equipment and tools to perform necessary work; and

Entry onto the property at reasonable times without prior notice when performing routine maintenance or repairs to existing facilities.

2.3 CNMEC will make reasonable efforts to minimize disruption to landscaping and property features. 

3. Easements and Third-Party Property

3.1 The Member shall grant, or assist CNMEC in securing, any required easements or permissions from third parties when installation of service involves access over or through neighboring properties.

3.2 If required access or easements cannot be secured, CNMEC may deny or delay service to the requested location.

4. Ownership of Equipment and Facilities

4.1 All fiber lines, optical network terminals (ONTs), and other equipment installed by CNMEC remain the property of CNMEC unless otherwise agreed in writing.

4.2 The Member is responsible for protecting CNMEC equipment installed on the premises and may be liable for damages caused by negligence, vandalism, or unauthorized handling.

5. Installation and Service Fees

5.1 Installation is subject to applicable service fees. 

Additional costs may apply for:

• Extended service drops or custom installation;
• Excess construction or boring;
• New utility pole placement; or
• Restoration of property at the Member’s request.

5.2 Monthly service charges, installation fees, and any applicable equipment rental or service charges will be outlined in the broadband service application and/or rate schedule.

6. Conditions of Use

6.1 Service is provided solely for the use of the Member at the specified service location and may not be resold, redistributed, or transferred to others without CNMEC’s written consent.

6.2 The Member agrees not to interfere with or damage any part of CNMEC’s broadband network or facilities.

7. Indemnification and Liability

7.1 Each party (the “Indemnifying Party”) agrees to indemnify, defend, and hold harmless the other party (the “Indemnified Party”), including its directors, employees, agents, and contractors, from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorney’s fees) arising out of or related to:

(a) bodily injury (including death) or damage to tangible property caused by the negligence or willful misconduct of the Indemnifying Party;
(b) breach of any representation, warranty, or obligation under this Agreement by the Indemnifying Party; or
(c) failure to comply with applicable laws or regulations.

Specifically:

The Member agrees to indemnify CNMEC for claims resulting from:

• Denial of access to property necessary for installation, maintenance, or service;
• Damage caused by Member-provided equipment or unauthorized modifications;
• Injuries occurring during installation or service caused by unsafe site conditions not disclosed by the Member.

CNMEC agrees to indemnify the Member for claims resulting from:

• Damage to the Member’s property caused by CNMEC’s installation or service activities;
• Injuries to third parties or Member personnel caused by CNMEC’s negligence during the performance of services;
• Violations of law or regulation arising out of CNMEC’s operations or conduct on the Member’s premises.

7.2 CNMEC shall not be liable for any indirect or consequential damages arising from delays in installation, service outages, or property disturbances, except in cases of gross negligence or willful misconduct.

8. Termination and Removal of Equipment

8.1 Either party may terminate service by providing advance notice as specified in the service agreement. CNMEC reserves the right to disconnect service due to non-payment or violation of terms.

8.2 Upon service termination, CNMEC reserves the right to access the property to remove any CNMEC-owned equipment.

9. Updates to Terms

9.1 CNMEC reserves the right to revise these Terms and Conditions at any time. The most current version will be posted on the CNMEC broadband website. Continued use of service constitutes acceptance of the updated terms.

10. Governing Law

10.1 These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of New Mexico.

By requesting broadband service from CNMEC, the Member acknowledges and agrees to these Terms and Conditions, including granting CNMEC and its representatives access to the property for purposes related to service installation, maintenance, and operation.