N.M. Stat. § 62-1-3
Use of highways and streets; power of county
commissioners.
The boards of county commissioners of the several counties are authorized to permit
corporations organized pursuant to Section 62-1-1 NMSA 1978, public utilities under the
Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978] and companies
that provide public telecommunications service pursuant to the New Mexico
Telecommunications Act [Chapter 63, Article 9A NMSA 1978] to use the public
highways and the streets and alleys of unincorporated towns for their pipes, poles,
wires, cables, conduits, towers, transformer stations and other fixtures, appliances and
structures; provided that such use shall not unnecessarily obstruct public travel and
provided further that the boards of county commissioners and municipal authorities of
incorporated cities and towns are authorized to grant franchises not exceeding twenty-
five years' duration to corporations for such purposes within their respective
jurisdictions. A board of commissioners is authorized to impose charges for reasonable
actual expenses incurred in the granting of any franchise pursuant to this section.