AT&T Cell Site Lease

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We Help Protect Your Rights!

Cell Tower Attorney provides professional legal services to both private and public landowners who are being approached by AT&T to enter into a cell tower lease agreement. We offer sound legal advice on all aspects of the AT&T cell tower lease including:

  • Lease negotiation
  • Re-negotiation
  • Landlord/tenant disputes
  • Litigation support
  • Environmental due diligence
  • General lease administration

We'll ensure you negotiate the best lease terms possible to protect yourself and your property, while creating additional recurring revenue. If a representative of AT&T has contacted you about leasing your property, you may have received a lease proposal.

The standard AT&T cell site lease typically includes the following provisions:

  • Permitted Use - AT&T may use the leased site only for receiving and transmitting communications signals and installing its equipment including antennas, shelters, and fencing. AT&T is allowed to test and survey the property and add equipment to comply with emergency 911 communication services at no additional cost. The AT&T cell site agreement also permits AT&T to modify, upgrade, and expand its equipment or increase the number of antennas within the leased premises.
  • Term - AT&T's cell site lease is typically five years with four automatic renewals for additional five-year terms unless AT&T properly notifies you, the landowner, of its intention not to renew. Unless both you and AT&T specify otherwise, the lease automatically continues after the fourth term for one-year terms at the same rent until the lease agreement is terminated.
  • Rent - AT&T is required to begin paying rent when it starts construction. The amount of rent increases at the beginning of each extension term by a fixed percentage.
  • Approvals - AT&T's use of the site is conditioned on the property's suitability for its intended use and AT&T's ability to obtain necessary government approvals. The AT&T site lease allows AT&T to obtain a title report and survey as well as perform engineering or environmental testing.
  • Termination - AT&T cell site leases may be terminated in one of three ways:
    1. By either party on 30 days notice for any default beyond the applicable cure period.
    2. By AT&T if it is unable to obtain or maintain any required government approvals.
    3. By AT&T for any reason prior to start of construction or at any time during the term for any reason upon proper notice and payment of a termination fee.
  • Insurance - AT&T is required to carry property and commercial liability insurance as well as Worker's Compensation insurance and must name you, the landowner, as an insured.
  • Interference - AT&T agrees not to interfere with existing radio frequency users on the property as long they operate only within their respective frequencies. In turn, you as landowner, agree not to lease the property to another tenant if it will interfere with AT&T's use and you agree to notify AT&T prior to leasing the property to host other communications equipment. If the landowner interferes with AT&T's use, AT&T may terminate the agreement.
  • Indemnification - Both AT&T and the landowner must agree to indemnify, defend, and hold each other harmless from any claim of injury or damages arising out of any negligence or willful misconduct.
  • Access - AT&T is entitled to 24/7 access to the leased site and is granted an easement for such access at no additional cost.
  • Removal - AT&T may remove its equipment at any time and within 120 days of the cell site lease termination. AT&T is responsible for removing the equipment and restoring the site to its original condition.
  • Default - The AT&T cell site lease stipulates that AT&T will be found in default if rent is not paid for more than 30 days after being notified or if other terms or conditions of the lease are not met within 45 days after notification.
  • Assignment/Sublease - AT&T has the right to assign or sublease the cell site without your consent.
  • Taxes - In an AT&T cell site lease, you as landowner are responsible for all assessed real property taxes and AT&T is accountable for all taxes assessed against its equipment on the site. If you fail to provide AT&T with proper notice of any assessment within 30 days of its receipt, you will be held responsible for any tax increase.
  • Sale of Property/Right of First Refusal - If you decide to sell the property, you must notify AT&T since any sale is subject to AT&T's rights. You cannot sell or lease the property for other wireless communications equipment if it will interfere with AT&T's use. The AT&T cell site lease also provides that if you, the landowner, receive an offer from a third party to purchase the rental income of the lease, AT&T has 30 days to match the offer.

If you are approached to enter into an AT&T cell site lease agreement, call or e-mail us for a (free) consultation. If you retain us, we will make certain your rights are protected -- now and in the future.

If you are looking for information regarding the appropriate monthly rental amount, our related company, Steel in the Air, can assist you with evaluating AT&T offers and the fair market value for an AT&T cell site lease.

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The above information is not legal advice. This information does not create an attorney-client relationship between you and Cell Tower Attorney. If you have a legal issue that you wish to discuss, please contact one of our lawyers.