In exercising supervisory control pursuant to Section 9-27-14 N.M. Stat. Ann., 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:

Terms Used In New Mexico Statutes 9-27-15

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC

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.

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