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™ and the like strain existing network capacity with data, email, computer and video applications. New cell sites and significant modifications to existing cell sites will also be needed due to the government's goal of using wireless to increase broadband speeds and coverage. At the same time, companies are offering to buyout existing 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 - property owners usually are negotiating such leases or buyouts for the first time, while the companies have teams who work exclusively on such matters. 

This live audio conference 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, potential underpayments by cell companies on existing sites and avoiding lease terms which can seriously restrict or prevent an owner's use or development of its property or trigger a mortgage default. An emphasis on the industry-specific elements and terms of modern cell site leases, as well as why property owners can achieve large rent increases on the renewal or extension of existing leases. You will be better able to identify and resolve issues that are unique to wireless siting, including what may be included 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 discuss, maintain and increase 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 describe practice pointers, including key concepts such as preventing lease terms which restrict or prevent the property owner's use and development of its own property.
• You will be able to explain 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 cell lease buyout offers, and the key legal issues surrounding them.