Current Issues in Cell Tower Leases

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 123 Min. Audio MP3 - No shipping cost
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Benefits

The wireless industry has built more than 220,000 cell sites in the United States in the past 20 years. But many more cell sites are needed as the wireless industry expands coverage and extends the capabilities of cell phones and wireless devices into data, e-mail, computer and video applications. New cell sites and significant modifications to existing cell sites will also be needed to facilitate the provision of the FCC's new Advanced Wireless Services.

This teleconference 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 and cell site leases - property owners usually are negotiating such leases for the first time, while the cell companies have teams who work exclusively on such leases.

This teleconference will focus on key business issues in wireless site leases, including lease rates and who gets the revenues from additional antennas or carriers being co-located at a site. An emphasis on the industry-specific elements and terms of modern cell site leases, and renewals and modifications of expiring leases, which are important for the property owner, its attorney and leasing agent involved in these efforts. You will be able to identity and resolve issues that are unique to wireless siting, including what may be included in a lease that can not be included in a government-issued permit, site location and value, lease term and terminations, access requirements, interference regulation and mitigation, design and camouflage, radio frequency emissions regulation and mitigation.

Learning Objectives:

  • You will be able to discuss the common elements of private wireless site leases on developed and undeveloped land (including leases on government property), and on building.
  • You will be able to utilize practice pointers, including model language, for private attorneys, and municipalities and municipal attorneys.
  • You will be able to identify the basics of wireless technology for land owners and lessor, municipalities and municipal attorneys.
  • You will be able to define the real property, technical and technology issues that drive a wireless carrier's siting and leasing process.

Agenda

Rent Amounts, Terms and Escalators

What Antennas and Towers Can Be Put on the Site?

Who Gets the Revenues If Another Provider Adds Its Antenna to the Tower?

Provisions Allowing the Property Owner to Relocate the Tower, If Necessary

The Need for a Good Engineering Description of the Tower and Antenna

Will Backup Generators or Batteries Be on the Site? If so, How Will the Noise, Structural, Pollution and

Hazardous Materials Issues Associated With Them Be Addressed?

Insurance and Indemnity Provisions to Protect the Property Owner

Restrictions on Changes in Who Owns the Tower, so as to Protect the Property Owner

How to Address Potential Interference of the Tower With the Property Owner’s Radios

Protecting the Owner If the Provider Goes Bankrupt

Provisions Allowing Early Termination by the Provider


Faculty

Jonathan L. Kramer, Esq., FSCTE, BTS, BDS, BPS, Kramer Telecom Law Firm, P.C.
John W. Pestle, Esq., Varnum, Riddering, Schmidt & Howlett LLP

Jonathan L. Kramer, Esq., FSCTE, BTS, BDS, BPS
  • Radio frequency and cable TV/broadband engineer, and an attorney admitted to practice in California
  • Heads the Kramer Telecom Law Firm, P.C., and Kramer Firm, Inc., both based in Los Angeles
  • Concentrates on broadband and wireless telecommunications technology and law issues
  • 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 more than a dozen wireless cases
  • Regularly negotiates wireless site leases, and teaches wireless tower siting and site leasing classes to government and industry planners
  • Published feature articles on wireless tower siting in government and wireless industry journals
  • Co-wrote and edited the FCC’s publication titled A Local Government Official’s Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures and Practical Guidance
  • 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
  • A national member of NATOA for more than 20 years and its only twice-honored Member of the Year
  • Co-founder and board member of the California/Nevada chapter of NATOA
  • 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)
  • Contact him at 310-312-9900, ext. 121, or at Kramer@TelecomLawFirm.com

John W. Pestle, Esq.
  • Partner with the law firm of Varnum, Riddering, Schmidt & Howlett LLP
  • Firm has assisted on many cell tower leases and provided more than 500 communities nationwide with model cellular tower zoning ordinances, cell tower leases and related materials
  • Firm has 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
  • Graduate of Harvard College, Yale Graduate School and the University of Michigan Law School, held an FCC licensee on radio and radar matters
  • Represented municipalities for more than 25 years on cable, telecommunications and electric utility matters, including cell towers and Wi-Fi
  • 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
  • Member of the Year award from the National Association of Telecommunications Officers and Advisors
  • 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
  • Contact him at 616-336-6725 or jwpestle@varnumlaw.com




These Materials are 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 55 page manual
Podcast - 123 Minute MP3 with 55 page electronic manual - Immediate Access and No Shipping Cost