Cingular Cell Site Lease

If you are looking for Cingular’s website, please visit AT&T Cingular at www.att.com.

Cell Tower Attorney is a law firm that assists landowners approached by Cingular with negotiating the terms and conditions of a cell site agreement. Cingular is a registered trademark of Cingular Wireless. We are not affiliated in any way with Cingular.

If you are a landowner and have been approached by a representative of Cingular who is interested in leasing your property, you should have received a lease proposal. The standard Cingular Cell Site Lease typically includes the following provisions:

1. Permitted Use - Cingular may use the Premises for receiving and transmitting communications signals and installing its equipment including antennas, shelters, and fencing. Cingular is permitted to test and survey the property and add equipment to comply with emergency 911 communication services at no additional cost. The Cingular cell site Agreement also permits Cingular to modify, upgrade and expand its equipment and increase the number of antennas within the leased premises. If Cingular requires additional property, the landowner agrees to lease such additional property and the rent shall increase by a reasonable amount consistent with then existing rates for comparable property in the area.
2. Term - the term of the Cingular Cell Site Lease is typically 5 years and automatically renews for 4 additional 5 year terms unless Cingular notifies the landowner of its intention not to renew prior to the expiration of the existing term. Unless the parties specify otherwise, the lease automatically continues after the 4th term for one year terms at the same rent until terminated by either party.
3. Rent - Cingular is required to begin paying rent when it commences construction and the amount of rent increases at the beginning of each extension term by a fixed percentage.
4. Approvals - Cingular’s use of the premises is conditioned on the suitability of the premises for its intended use and its ability to obtain any necessary government approvals. The Cingular Site Lease allows Cingular to obtain a title report, survey as well as perform engineering or environmental testing to determine the suitability of the property for its intended use.
5. Termination - the Cingular Cell Site Lease may be terminated i) by either party on 30 days notice for any default beyond the applicable cure period ii) by Cingular if it is unable to obtain or maintain any required government approvals; iii) by Cingular for any reason prior to commencing construction or at any time during the term for any reason upon notice and the payment of a termination fee.
6. Insurance - Cingular is required to carry property and commercial liability insurance and Worker’s compensation insurance as well as name the landowner as an additional insured.
7. Interference - Cingular also agrees not to interfere with existing radio frequency users on the property as long as such users operate within their respective frequencies. The landowner agrees not to lease the property to another tenant if it will interfere with Cingular’s use and the landowner will notify Cingular prior to leasing property to another user of communications equipment. In the event the landowner interferes with Cingular’s use, it has 24 hours to remove it and if it is not cured, Cingular may, terminate the Cingular Cell Site Agreement.
8. Indemnification - Cingular and the landowner agree to indemnify, defend and hold harmless each other from any injury, damage or liability arising from their respective breach of the Cingular Cell Site Lease or its use or actions on the property except to the extent caused by the negligence, intentional act or omission of the other party.
9. Access - Cingular is entitled to 24 hours, 7 days a week access to its leased premises and the Cingular Cell Site Lease grants Cingular an easement for such access at no additional cost.
10. Removal - Cingular’s equipment may be removed at any time during the term and within 120 days of termination of the Cingular Cell Site Lease, it will remove all of its equipment and restore the property to its original condition.
11. Default - the Cingular Cell Site Lease provides that Cingular is in default if it fails to pay rent for more than 30 days after notice or if it fails to perform any other term or condition of the Lease within 45 days after notice.
12. Assignment/Sublease - Cingular has the right to assign the Cingular Cell Site Lease or sublease the premises without the landowner’s consent.
13. Taxes - the landowner is responsible for all real property taxes assessed against the property and Cingular is responsible for all taxes assessed against its equipment on the property. If the landowner fails to provide Cingular with notice of any assessment within 30 days of its receipt, the landowner will be responsible for any increases in taxes.
14. Sale of Property/Right of First Refusal - If the landowner decides to sell the property, it must notify Cingular and any sale will be subject to Cingular’s rights. The landowner agrees not to sell or lease the property for the installation of wireless communications equipment if it will interfere with Cingular’s use. The Cingular Cell Site Lease also provides that if the landowner receives an offer from a third party to purchase the rental income of the lease, Cingular will have 30 days to match the offer.

Based on the above summary, the Cingular Cell Site Lease imposes many requirements on a landowner that need to be carefully considered before entering into such an Agreement. Cell Tower Attorney has experience in negotiating leases with Cingular and revising many provisions, including the ones listed above, so that the landowner maximizes his return on his property while being properly protected from potential liability.

If you have been approached, please consider contacting us for assistance in your lease negotiation.

*** If you are looking for Cingular's website, please visit AT&T Cingular at www.att.com. We are not affiliated in any way with Cingular.***