Lease of radio communications network; conditions and

requirements. In exercising supervisory control pursuant to Section 9-27-14 NMSA 1978, the department may lease to a private entity excess capacity relating to the provision of two-way radio services on its radio communications property, including buildings, towers or antennas, provided that: A. the lease is for an equivalent value exchange of money or property or services; B. the secretary certifies that the excess capacity will be available for at least the duration of the lease; C. if the lease exceeds ten years, the lease is first approved by the state board of finance; D. the department has submitted to the legislative finance committee a detailed plan for the use of excess capacity being leased and an assessment of how the lease will affect public sector uses and local telecommunication service providers; and E. income from the leases shall be deposited to the credit of the department and used to carry out the duties of the department. History: 1978 Comp., § 15-2-2.1, enacted by Laws 1997, ch. 263, § 1; 2007, ch. 288, § 2; 2007, ch. 290, § 15; recompiled as § 9-27-15 by Laws 2009, ch. 146, § 10; 2023, ch. 132, § 4.