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