§ 146-29.2. Lease provisions for communications towers. - North Carolina Statutes

§146‑29.2.  Lease provisions for communications towers.

The State may lease realproperty, or any interest in real property, for the purposes of constructionand placement of communications towers on State land or for placement ofantennas upon State‑owned structures. The following additionalrequirements shall apply to such leases:

(1)        The lease shallrequire the lessee to permit other telecommunications carriers to co‑locateon the communications tower on commercially reasonable terms between the lesseeand the co‑locating carrier until the communications tower reaches itscapacity. Unless the State determines that co‑location is not feasible atthat location, the communications tower shall be designed and constructed toaccommodate other carriers on the tower.

(2)        The State shall, indetermining the location of lands to be leased for communications towers,encourage communications towers to be located near other communications towersto the extent technically desirable.

(3)        The State shall,when choosing a communications tower or antenna location, choose a locationwhich minimizes the visual impact on surrounding landscape.

(4)        The State shall notlease lands of the State Parks System for such purposes.

For purposes of this section,"co‑locate and co‑location" mean the sharing of acommunications tower by two or more services.

City and county ordinancesapply to communications towers and antennas authorized under this section. (1998‑158,s. 3.)