C!ongress of tbe ~niteb ~tates 
The Honorable Tom Wheeler 
Chairman 
Federal Communications Commission 
445 12th Street SW 
Washington, DC 20554 
Dear Chairman Wheeler: 
WWa~bington, l)(IC 20510 
February 6, 2015 
We write today to respectfully request that you reconsider the decision to link proposed reforms to high­
cost loop support (HCLS) with new broadband speed requirements in the recent Report and Order (FCC 
14-190). The Commission's decision will likely have harmful impacts for those living in rural areas and 
on Tribal lands in New Mexico. 
You have previously discussed how broadband can overcome geographic isolation and bring a world of 
information and economic opportunity to those living in even the most remote communities. Yet there is a 
digital divide in many of those rural communities that can potentially benefit the most from opportunities 
for job creation, healthcare and education that broadband enables. The Commission thus has a role in 
ensuring that our nation's broadband infrastructure reaches as far and wide as possible. 
Unfortunately, many of our constituents in New Mexico continue to live on the wrong side of the digital 
divide. According to the Commission' s 2012 Broadband Progress Report, nearly half the New Mexicans 
living in rural areas lack fixed broadband access. The US Census Bureau notes that about one third of 
New Mexican households do not have Internet access at home. According to the National Broadband 
Map, New Mexico ranks 47th among states when it comes to the availability of download speeds greater 
than 3 megabits per second. One out of four New Mexicans does not have access to Internet speeds of 25 
megabits per second. 
As you know firsthand from your visits to the Pueblo of Acoma and other parts of Indian Country this 
year, the broadband challenge for those living on Tribal lands is even more concerning. The broadband 
deployment rate on Tribal lands is likely less than 10 percent. The Commission's Office of Native 
Affairs and Policy notes that anecdotal evidence suggests actual broadband usage rates may be as low as 
5 to 8 percent in Indian Country compared to 65 percent nationwide. We thus appreciate your 
commitment to working with Tribes on a government-to-government basis and ensuring that their 
concerns are appropriately addressed in the Commission's efforts to expand broadband infrastructure. 
We are deeply concerned, however, that the Commission ' s decision for high-cost loop support could 
hinder broadband expansion on Tribal lands and rural areas of New Mexico where the cost to provide 
high speed Internet service otherwise deters investment. Our understanding is that pending HCLS 
reforms could result in a loss of more than $1.75 million per year in funding for twelve broadband 
providers serving rural areas and Native American communities in New Mexico. This would likely 
hamper efforts to expand Internet access and upgrade broadband speeds across the state and on Tribal 
lands in particular. 
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We therefore urge you to consider concerns expressed by rural broadband providers facing potential 
HCLS reductions. In light of the decision to move forward with this proposal, we further ask that the 
Commission provide information on how it undertook outreach to Tribal governments prior to making 
this decision. Finally, we ask that you consider holding in abeyance your decision until you consult with 
Tribal governments about the effects of this policy on carriers serving tribal lands, as called for in a 
resolution recently adopted by the National Congress of American Indians. 
Thank you for your consideration within your rules and regulations. 
Tom Udall 
United States Senator 
Martin Heinrich 
United States Senator 
Sincerely, 
United States Representative 
~~ -t.vwa 
Ben Ray Lujan 
United States Representative 
Michelle Lujan Grisham 
United States Representative