Legal Services for Landowners


Metro PCS Cell Site Lease

If you are looking for Metro PCS’s website, please visit www.metropcs.com.

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

If you have been approached by a representative of Metro PCS interested in leasing a portion of your property, the following is a description of the standard Metro PCS Cell Site Lease:

1) Permitted Use- the Metro PCS Cell Site Lease allows Metro to use the leased premises for wireless communication purposes and to install and operate transmitting and receiving equipment, antennas, back-up generators, utilities and related equipment it deems necessary. It may also maintain, add or replace any equipment as required for its operations.

2) Approvals- the Metro PCS Cell Site Lease is conditional upon Metro obtaining all necessary government approvals and permits to operate its equipment and the landowner agrees to cooperate with Metro in filing and obtaining such approvals.

3) Term and Rent- the term is 5 years commencing on the earlier of the issuance of a building permit or 12 months from the execution date of the Metro PCS Cell Site Lease. Metro has the right to extend the term for 4 additional 5 year terms which are automatically renewed unless Metro notifies the landowner of its intention not to renew prior to the expiration of the then existing term. The rent is increased after the initial term and any renewal term by 15% of the rent paid during the previous term.

4) Due Diligence Contingency- the Metro PCS Cell Site Lease allows Metro to access the property after execution but prior to the commencement date to inspect, measure, and perform soil testing to determine the suitability of the leased premises. If Metro determines that the property is unsuitable for its use, it may terminate the Lease before the commencement date.

5) Access, Maintenance and Repairs- Metro may access the leased premises 24 hours a day, 7 days a week. Metro agrees that it will submit its site plan for the landowner’s prior approval. If the landowner’s approval is not given within 5 days, the plans will be deemed approved. Upon the termination or expiration of the lease, Metro will return the premises in good condition, normal wear and tear excepted, however, it will not be responsible for removing any foundations.

6) Title to Equipment- the Metro PCS Cell Site Lease provides that Metro may remove its equipment at any time during the term and its equipment may not be liened, attached or foreclosed on by the landowner. 

7) Utilities and Interference- Metro has the right to install utilities on the leased premises and will pay for any utilities used. Metro agrees not to interfere with the operation of any equipment on the property as of the effective date of the Metro PCS Cell Site Lease and will comply with all FCC rules. Conversely, the landowner agrees not to interfere nor permit other tenants of the property to interfere with Metro’s operations. In the event of interference by either party, the interfering party shall promptly remedy the interference and in the event it is not remedied, the Lease may be terminated.

8) Taxes- Metro is responsible for personal property taxes assessed against its equipment and the landowner is responsible for all real property taxes on the property.

9) Termination- Metro may terminate the Lease before the commencement date for any reason resulting from its inspection of the property. After the commencement date, the Metro PCS Cell Site Lease may be terminated on 30 days notice i) by either party for any default not cured within 60 days after notice ii) by Metro if it does not obtain or maintain any government approvals or is not able to use the premises as a result of an action by the FCC or iii) by Metro if it determines that the leased premises are not appropriate for its use for economic, environmental or technological reasons.

10) Insurance- Metro agrees to maintain commercial general liability insurance, automobile liability insurance, worker’s compensation, and employer’s liability insurance during the term. The landowner agrees to maintain bodily injury and property damage insurance and each party is named as an additional insured on the other’s policy.

11) Assignment and Sublease- the landowner may assign the Metro PCS Cell Site Lease without Metro’s consent provided the assignee agrees to comply with the Lease. Metro may assign or transfer the Agreement without the landowner’s consent to any subsidiary, affiliate or other related party or to an entity acquiring a majority of Metro’s assets through a merger or acquisition. Any other assignment, transfer or sublease of the premises by Metro requires landowner approval.

12) Indemnification- the Metro PCS Cell Site Lease requires the landowner and Metro to indemnify and hold harmless each other against all liability and damages arising from the indemnifying party’s use of the property except to the extent caused by the indemnified party’s negligence or willful misconduct.

Cell Tower Attorney has experience in negotiating these and other similar provisions directly with Metro PCS. We understand what Metro PCS and other telecommunications carriers are willing to accept as modifications to the lease and accordingly, our attorneys advocate on the landowner's behalf to achieve a lease that maximizes the landowner’s return on his property while protecting him from unnecessary liability.

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

*** If you are looking for the Metro PCS website, please visit www.metropcs.com. We are not affiliated in any way with Metro PCS***

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.