Murrill, 031320 ALAGO, 2020-015

• Case Date: March 13, 2020
• Court: Alabama

Honorable Jay Murrill AGO 2020-015 No. 2020-015 Alabama Attorney General Opinion State of Alabama Office of the Attorney General March 13, 2020          Honorable Jay Murrill          Attorney, Jefferson County 9-1-1          Emergency Communications District          Riley & Jackson          3530 Independence Drive          Birmingham, Alabama 35209          Emergency Management Communications -E-911 Boards – Leases Telecommunications - Competitive Bid Law - Franchises          The Jefferson County E-911 Board ("Board") may enter into a contract to allow a private company to erect a cell tower on a fire station so long as the tower is used for dispatch services.          The contract between the Board and the company must be competitively bid under the Public Works Law.          If the Alabama Law Enforcement Agency makes a determination that confidentiality would be required to protect the safety of persons or facilities, then the contract may be let without public advertisement.          Dear Mr. Murrill:          This opinion of the Attorney General is issued in response to your request on behalf of the Jefferson County 9-1-1 Emergency Communications District.          QUESTIONS

(1) May the Jefferson County 9-1-1 Emergency Communications District or E-911 Board enter into a contract to allow a private company to erect a cell tower on a fire station for which the Board conducts emergency dispatch services?

(2) If so, and the contract will allow the private company the exclusive right to erect a tower on the station, must the contract be competitively bid?

(3) Must the contract be bid if it allows the Board to place emergency dispatch equipment on the tower free-of-charge and the contract falls within a security-related exemption?

         FACTS AND ANALYSIS          Your request states that the Jefferson County 9-1-1 Emergency Communications District was established in 1987 and was incorporated in 2012 under section 11-98-4(g) of the Code of Alabama. Ala. Code § 11-98-4(g) (Supp. 2018). You further state that the E-911 Board has contracts to perform dispatch services with 29 fire departments in Jefferson County, serving 44 individual fire stations. A private company that builds and markets cell towers has proposed entering into a contract with the Board to allow for the possibility of building cell towers on some of the stations.          According to the proposed contract, the company would pay the Board a flat fee in return for the exclusive right to evaluate each site to determine if it is feasible to build a tower and an option to lease a portion of the site should the company wish to build a tower. The company would then pay the Board an additional flat fee to exercise the option. Once a tower is built, the Board and the fire department would...