Section 9-27-15 - Lease of radio communications network; conditions and requirements. - New Mexico Statutes

9-27-15. Lease of radio communications network; conditions and requirements.

In exercising supervisory control pursuant to Section 15-2-2 NMSA 1978, the department of information technology 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 conforms with competitive procurement requirements of the Procurement Code [13-1-28 NMSA 1978];  

B.     the lease is for an equal value exchange of money or property;  

C.     the secretary of information technology certifies that the excess capacity will be available for at least the duration of the lease;  

D.     if the lease exceeds ten years, the lease is first approved by the state board of finance;  

E.     the department of information technology 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  

F.     income from the leases shall be deposited to the credit of the department of information technology and used to carry out the duties of the department.