New Mexico Statutes Chapter 63. Railroads and Communications § 63-9I-6. Access to authority utility poles; rates and fees; collocations for other commercial projects or uses

A. An authority shall not enter into an exclusive agreement with a person for the right to attach a small wireless facility to an authority utility pole.

B. The rates and fees an authority imposes for the collocation of a small wireless facility on an authority utility pole shall not vary according to the services provided by the collocating person.

C. The rate to collocate a small wireless facility on an authority utility pole shall not exceed twenty dollars ($20.00) per utility pole per year.

D. An authority shall process an application for a permit to collocate a small wireless facility on an authority utility pole in accordance with Section 4 of the Wireless Consumer Advanced Infrastructure Investment Act. The authority may condition the issuance of the permit on the wireless provider's replacement of the authority utility pole if the authority determines that applicable codes or local laws concerning public safety require that replacement. The authority shall process an application for a permit to install a replacement authority utility pole in accordance with Section 5 of the Wireless Consumer Advanced Infrastructure Investment Act. The authority shall retain ownership of the replacement utility pole.

E. An authority may prohibit, regulate and charge for the collocation of a small wireless facility on a wireless support structure owned by the authority.