However, the circular confirms that ducts and manholes are considered “plant and machinery” because they are essential for laying and maintaining OFC networks, and are not classified as land, buildings, or civil structures. The taxpayer leases systems composed of permanently affixed coaxial and fiber optic cable, and indoor and outdoor “distributed antenna systems” (DAS) or small cell systems to organizations, including wireless carriers and other telecommunication providers. The letter ruling included a taxpayer's. acquires telecommunication infrastructure assets (the “Systems”) and then leases, licenses and/or otherwise rants the use of the Systems to unrelated third party wireless carriers (the “Users”). Taxpayer owns the Systems through one or more entities that will be disregarded for federal income tax. In PLR 201901001, the IRS ruled that amounts received by a real estate investment trust (REIT) for providing the use of fiber optic systems and distributed antenna systems (DAS) to wireless telecommunications carriers constitute qualifying rents from real property for purposes of the 95% and 75%. Taxpayer requested a ruling that amounts received by Taxpayer with respect to the use of Taxpayer's Real Property Assets, as defined below, including amounts attributable to activities and services described below, are rents from real property for purposes of sections 856 (c) (2) and 856 (c) (3) of. The Taxpayer is a company that contracts with a telecommunications company (the “Client”) for the installation, procurement, and construction of a fiber-to-the-home network infrastructure (the “Network”) in Tennessee, enabling the Client to provide high-speed Internet access to its. The IRS today publicly released a private letter ruling* that the IRS provided to a taxpayer that owns telecommunication infrastructure assets, grants wireless carriers the use of the systems pursuant to agreements, and intends to elect real estate investment tax (REIT) status.