Cell Tower Lease Buyouts

CD & Manual
  388500TMX $219.00 USD Add to Cart
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 96 Min. Audio MP3 - No shipping cost
   388500POD $219.00 USD Add to Cart
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What is a Podcast?

Benefits

Offers to 'buy out' cell tower leases for up to 50 years (and in some cases in perpetuity) pose unusual legal, financial, and technical risks that the property owner and its regular attorneys may not be aware of. This live audio conference will help guide property owners and their attorneys in identifying, evaluating and responding to these deals and their inherent risks, which include possible Federal preemption, preventing the landowner from developing or expanding the use of the 'parent' site, ensuring that promised sums are paid and contract honored (and the company evicted if they are not), allowing only appropriate use of the property, and insurance and bankruptcy protections. These risks are exacerbated by threats by cell companies to abandon current sites that are subject to these 'buyout' deals, questions as to the financial solvency of the buyout company, the likelihood that the property owner can do better on its own, and the very long term (50 years to perpetuity) of the proposed buyout.

Governmental units face all of the issues above, plus fundamental questions of municipal authority, compliance with municipal finance/procurement statutes, and risks of property reverters. This program will also address the issue of 'rent chiselers' who threaten that the cell company will abandon the lease (allegedly due an excess of cell towers in the area) if a rent vacation or permanent rent reduction are not granted. This practice poses different risks and legal issues which will be addressed in detail.

Learning Objectives

  • You will be able to recognize major business risks and benefits.
  • You will be able to review Dillon's Rule or property specific restrictions.
  • You will be able to discuss crafting the documents to address preceding issues.
  • You will be able to explain rent chiseling demands.

Agenda

Buyout Offer Basics
  • Types of Buyout Offers – Buyout of Current Term Plus Future; Option to Grant Easement in the Future
  • Financial Underpinnings-- Current Revenues, Revenues From Lease Renewal, Revenues From Future Tenants, Buyout Company Share
Major Business Risks and Benefits
  • Cash up Front, Third-Party Takes Over Management of Site
  • Cost of Third-Party Participation vs. Property Owner Leasing Property Itself
  • Financial Strength of Buyout Company, Ability to Comply With Offer, 50+ Years Term
  • Cell Phone Company Terminating, Not Renewing Buyout Sites
  • Buyout Terms Preventing, Impairing Property Owner's Future Development and Redevelopment, Use of Parent Parcel
Legal Risks
  • Federal Government Intervention, Possible Preemption
  • Ability to Evict Buyout Company for Non-Payment
  • Recourse of Buyout Company's Tenant Exceeds the Leasehold Authority
  • Appropriate Uses of Property
  • Bankruptcy Protections
  • Insurance, Indemnity Provisions Adequate for 50+ Years
  • Reverter If Buyout Easement Is Terminated
Government Landholder Issues
  • Lack of Authority – Dillon's Rule or Property Specific Restrictions, Reverters
  • Municipal Finance, Bond Issue Risks
  • Procurement, Waste Issues
Drafting Issues
  • Crafting the Documents to Address Preceding Issues
  • Reimbursement of Property Owner Legal Fees
  • Guarantee From Parent of Buyout Company
Rent Chiseling Demands – When the Current Wireless Lessee Demands a Rent Reduction or Rent Vacation
  • When and Why to Expect Them
  • How to Evaluate the Veracity of the Facts and Demands
  • How to Respond to Such Offers and Demands

Faculty

Jonathan L. Kramer, Esq., Kramer Telecom Law Firm, P.C.
John W. Pestle, Esq., Varnum LLP


Jonathan L. Kramer, Esq.
  • Heads the Kramer Telecom Law Firm, P.C., and Kramer Firm, Inc., both based in Los Angeles
  • Radio frequency engineer and an attorney admitted to practice in California
  • Concentrates on law and technology issues of broadband and wireless telecommunications
  • Wireless siting planner and radio frequency engineer, and wireless lecturer for hundreds of local governments throughout the United States for 18 years
  • Testifying expert or trial consultant in wireless cases
  • Published feature articles on wireless tower siting in government and wireless industry journals
  • Co-wrote and edited the FCC’s publication, A Local Government Official’s Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures and Practical Guidance
  • National member of NATOA for more than 20 years and its only twice-honored Member of the Year
  • Fellow member of the Society of Cable Telecommunication Engineers, U.K. Society, and an elected senior member of the Society of Cable Telecommunications Engineers, U.S. Society
  • Licensed by the FCC, holding its highest grade licenses for commercial radiotelephone, radar and marine digital communications, as well as its highest grade amateur radio license, and licensed as a low-voltage communications contractor in California
  • Can be contacted at 310-312-9900, ex. 121, or Kramer@TelecomLawFirm.com

John W. Pestle, Esq.
  • Partner with the Varnum LLP law firm and chair of its Telecommunications Group
  • Represented municipalities for more than 25 years on cable, telecommunications and utility matters, including cell towers and Wi-Fi
  • Law firm has assisted on many cell tower, WiMAX leases and provided more than 500 communities nationwide with model cellular tower zoning ordinances, cell tower leases and related materials
  • Law firm represented the National League of Cities and other national municipal groups at the Federal Communications Commission opposing proposed FCC limits on zoning, permitting and related matters for cellular and broadcast towers
  • Received Member of the Year award from the National Association of Telecommunications Officers and Advisors for work on cable and telecommunications matters
  • Received a Special Award of Merit from the Michigan Municipal League in 2006 for his years of work representing municipalities on cable and telecommunications matters
  • Past chair of the Municipal Lawyers Section of the State Bar of Michigan and past chair of the Legal Section of the American Public Power Association
  • Graduate of Harvard College, Yale Graduate School and the University of Michigan Law School, and held FCC license to work on radio, TV and ship radar transmitters
  • Can be contacted at 616-336-6000, ex. 6725, or jwpestle@varnumlaw.com




These Materials are Designed For

This live audio conference is designed for attorneys, planners, directors of development, project managers, government administrators, council and board members, land use officials, public works and utilities directors, municipal government officials, engineers, architects, surveyors and real estate professionals.

CD & Manual - CD Set with bound 56 page manual
Podcast - 96 Minute MP3 with 56 page electronic manual - Immediate Access and No Shipping Cost