Current Issues in Cell Tower Leases and Lease Buyouts

The wireless industry has built more than 250,000 cell sites in the United States in the past 20 years. But many more cell sites are needed as iPhones®, iPads®, Droids and the like strain existing network capacity. New cell sites and significant modifications to existing cell sites will also be needed to meet the government's goal of using wireless to increase broadband speeds and coverage. At the same time, 'tower management' companies are offering to buy existing cell leases and lease sites for large sums of money. 

This live audio conference will help level the playing field by providing private and municipal property owners with the expertise of two faculty members highly experienced in cell tower leases and buyouts. This will help property owners who usually are negotiating such leases or buyouts for the first and only time, while the companies have teams of lawyers who work exclusively on such matters.

We will focus on key business issues in wireless site leases, including lease rates, who gets the revenues from additional antennas or carriers being co-located at a site, major rent increases for renewals and avoiding lease terms which can restrict or prevent an owner's use or development of its own property - - or trigger a mortgage default. An emphasis will be on the industry specific elements and terms of modern cell site leases, as well as why property owners can achieve very large rent increases on the renewal or extension of existing leases. Comparable issues on lease buyouts will be addressed, as well as why buyouts often are not good deals financially. You will be better able to identify and resolve issues that are unique to wireless leases and buyouts, including what municipalities can include in a lease that cannot be included in a government-issued permit, site location and value, lease term and terminations, access requirements, interference regulation and mitigation, design and camouflage, and radio frequency emissions issues.

Learning Objectives:

• You will be able to explain the revenues the property owner receives, and discuss the common elements of private wireless site leases on developed and undeveloped land.
• You will be able to identify practice pointers, including key concepts, for owners of private property and their attorneys, as well as municipalities and municipal attorneys.
• You will be able to discuss the basics of wireless technology and the real property, technical and technology issues that drive a wireless carrier's siting and leasing process.
• You will be able to review insurance and indemnity provisions to protect the property owner.