Leasing of Government Property for Siting of Telecommunications Facilities

Examples of Lease Agreements

Lease and license agreements generally allow the lessee (I.e. the business) to house, install, construct, operate and maintain telecommunications facilities on government property. If such property includes a public right-of-way (ROW) they may also give the lessee easements needed for operating in the ROW.

• Cle Elum Amended and Restated Telecommunications Facilities Lease Agreement (2020) — With Vertical Bridge Development, LLC, for installation at a city-owned lot, including public ROW access.
• Everett Master License Agreement (2018) — With New Cingular Wireless PCS, LLC, for the licensing of city-owned street or utility poles for small cell site installation.  
• Franklin County Kahlotus Tower Site License (2021) — With T-Mobile West LLC, for access to a county-owned communications tower and adjacent property.
• Issaquah Option and Lease Agreement (2022) — With Vertical Bridge Towers IV, LLC, for construction of a new tower to replace an existing tower at a site the city identified for a transit-oriented development project.
• Renton Wireless Communication Facilities Site Lease Agreement (2022) — With New Cingular Wireless, PCS, LLC, for space at city water reservoir.

Examples of Application Forms and Checklists

• Bothell Small Wireless Facilities (Small Cell) Application (2020)
• Kenmore Wireless Communication Facility Checklist (2017)
• Kent Small Wireless Facility Siting and Construction Permit Application (2019)
• Lewis County Application for Wireless Communication Facilities (2019)
• Liberty Lake ROW Permit Application for Small Wireless Communication Facilities (2020)
• Pasco Small Cell ROW Use Permit Franchise or Facilities Lease Application (2020)
• Redmond Application Requirements for Wireless Communication Facilities (2019)
• SeaTac Wireless Communication Facility Permit Submittal Checklist (2021)

Recommended Resources

• Redmond Wireless Communication Facilities Guide (2021) — One-page cheat sheet describing various wireless facility types and associated permit requirements.   
• Spiegel & McDiarmid LLP: Federal Law Issues Relating to Wireless Facilities Leases on Municipal Property (2014) — Written by Tillman L. Lay and Jessica R. Bell for the Local Government Attorneys of Virginia Spring 2014 Conference.