DISH Cell Site Lease Agreement: The Ultimate Guide For Property Owners (2025 Edition)

(Article updated April 14, 2025)

As DISH Network continues building its 5G wireless network, more property owners are being approached with lease proposals. While it may seem like easy money, cell site leases are complex legal agreements that can affect your property rights, long-term income, and real estate value. This guide breaks down the critical issues every landlord needs to understand before signing a DISH cell site lease, while also showing you how Airwave Advisors can help you protect your interests and maximize your financial return.

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What is a DISH Cell Site Lease?

A DISH cell site lease is a legal agreement between DISH Wireless and a property owner (often a building owner, church, or municipality) that allows DISH to install, operate, and maintain wireless communications equipment on the owner’s property. These leases typically span decades and have long-term implications for the use and value of your real estate.

DISH, a newer player in the wireless space, is aggressively expanding its infrastructure and entering into thousands of lease agreements nationwide. But unlike traditional carriers like Verizon or AT&T, DISH uses a proprietary lease template that is heavily one-sided in their favor.

That’s why it’s critical to have your lease reviewed and negotiated by experienced experts before signing anything.

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1. DISH Uses a Custom Lease Agreement

Unlike many wireless carriers who adapt from standard templates, DISH created its own lease document. While some sections resemble industry standards, many provisions are tailored to protect DISH’s interests. Without experienced legal and technical review, landlords may unknowingly agree to terms that:

• Allow DISH broad rights over your property
• Minimize their financial obligations
• Limit your control over your own land

Always treat DISH’s initial proposal as a draft, not a final agreement.

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2. The “Premises” Language is Vague

One of the biggest red flags is DISH’s use of the term “approximate square footage.” This vague language can allow them to:

• Expand equipment beyond the intended area
• Install future devices without notice
• Use more of your rooftop or land without paying more rent

Instead, demand clearly defined boundaries and detailed drawings that limit DISH’s equipment to a specific area. Ambiguity favors the tenant—not the property owner.

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3. No Payment Until Construction? That’s a Problem.

DISH typically offers to start paying rent only after construction begins or after 12 months. This leaves landlords exposed: what if DISH never builds, cancels, or delays the project?

You lose time and potential opportunities without compensation.

Solution: Require an Option Fee at signing. This ensures you are compensated for granting DISH an exclusive lease option, even if they don’t proceed. It’s standard practice in commercial real estate and helps cover your time, legal costs, and opportunity loss.

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4. Rent Is Often Below Market Value

We’ve seen DISH offer:

• Monthly rents well below market averages
• Rent escalations as low as 2% every five years (!!)

This is far below the industry norm and fails to protect you from inflation.

Best practice:

• Negotiate for annual rent increases (3-4% is more common)
• Benchmark your rent using local market comps
• Secure additional rent for expanded use or subtenants

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5. Utilities: Don’t Become Their Electrician

DISH may ask you to act as a utility middleman. Their lease might:

• Offer a fixed utility fee
• Make you responsible for electricity without a meter

This puts the risk on you if their equipment consumes more power than expected.

Fix: Require DISH to install a separate electrical meter and maintain their own utility accounts.

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6. Assignment Language Restricts You

DISH’s draft lease states that neither party may assign or transfer the lease without prior written consent from the other.

Sounds fair? It’s not.

This language gives DISH control over your ability to:

• Sell your property
• Transfer the lease to a new owner
• Complete mergers or restructurings

Solution: Insert language that allows you to transfer the lease without consent in the case of a property sale or ownership change.

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7. Equipment Modifications & Upgrades

Technology changes fast. DISH might want to add new antennas or equipment over time. Their lease may allow them to:

• Install larger or heavier equipment
• Add subtenants without notice
• Modify equipment without compensating you

You deserve fair compensation for additional use.

Negotiate:

• Clear limits on equipment types and weight
• Additional rent for expanded equipment
• Right to review and approve modifications

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8. 24/7 Access Rights Can Pose Security Risks

While it’s reasonable for DISH to need access, the lease must:

• Limit access to specific areas
• Require advance notice (except for emergencies)
• Ensure credentials and ID verification

Don’t allow unrestricted access to sensitive areas like roofs or building interiors.

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9. Structural & Safety Responsibilities

For rooftop sites especially, structural integrity is a concern. DISH equipment can add significant weight or interfere with rooftop access.

Protect your asset:

• Require structural assessments at DISH’s cost
• Get indemnification for any damage caused
• Insist on safety and compliance with building codes

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10. Termination Rights & One-Sided Exit Clauses

DISH may want to terminate the lease at any time with minimal notice—30 to 60 days is typical. But they won’t let you terminate as easily.

This puts all the risk on the property owner.

Fix: Negotiate for:

• Longer termination notice periods (90-120 days)
• Early termination fees
• Equal termination rights for both parties

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11. Subleasing and Co-Locators: Who Benefits?

If DISH brings in other carriers or service providers to share their space, you should benefit financially.

Make sure your lease includes:

• Revenue sharing clauses for subtenants
• Notice and approval of subleases

Subleasing generates passive income for DISH—it should benefit you too.

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12. Environmental and RF Safety Standards

DISH must comply with FCC radiofrequency (RF) exposure standards and environmental regulations. But don’t just assume they will.

Add lease provisions that require:

• Proof of RF safety signage and compliance
• FCC and local permitting documentation
• Annual certification of compliance

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13. Insurance and Liability Coverage

Make sure DISH maintains proper liability insurance to protect you against accidents, injury claims, and property damage.

You should be named as an Additional Insured on all applicable policies. Request proof annually.

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14. Dispute Resolution & Legal Fees

If a dispute arises, who pays legal costs? Many leases are silent on this issue or favor the tenant.

Protect yourself with clear terms that:

• Require mediation or arbitration (to reduce legal fees)
• Award legal fees to the prevailing party

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15. Why You Need an Expert On Your Side

These leases may seem simple at first glance. But the financial, legal, and operational implications are complex. Here’s where Airwave Advisors comes in.

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Why Hire Airwave Advisors To Review Your DISH Lease?

At Airwave Advisors, we’ve reviewed and negotiated thousands of wireless lease agreements. Our founder, Nick Foster, previously represented AT&T and brings over a decade of wireless real estate expertise to the table.

We help you:

• Understand the true market value of your property
• Negotiate higher rents and better terms
• Avoid legal pitfalls and future disputes
• Protect your rights as a property owner

Whether DISH is offering you a new lease or trying to modify an existing one, we’re here to make sure you get the best deal possible.

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Don’t Go It Alone

Cell site leases are long-term commitments. A mistake today can cost you for decades.

Let the industry’s leading experts protect your interests and help you turn your rooftop or land into a secure income stream.

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Ready To Maximize Your DISH Cell Site Lease?

Contact Airwave Advisors for a free consultation today:

• Email us: [email protected]

Airwave Advisors – The Nation’s #1 Cell Site Lease Experts.

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Contact Us Today!

(888) 442-5101