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Current Issues in Cell Tower Leases

 

Understand the terms of your cell tower lease and avoid provisions that harm property values and the future use of the property.

This topic provides the A-to-Z basics of cell tower leases and lease sales and is taught by two faculty members with decades of experience representing property owners on cell tower leases and sales. This material covers entering into a lease, renewing a lease, and selling a lease while emphasizing rents, sales prices, terms, and in particular, avoiding provisions that harm property values and the future use of the property. This material will help property owners and attorneys who only occasionally deal with cell leases be better able to negotiate with wireless industry personnel who work on leases every day. The program starts by covering key business issues in cell site leases, including lease rates, who gets the revenues from additional antennas or carriers being co-located at a site, the rent increases possible at renewals, avoiding clauses that interfere with the normal use of the property, and why 5G service should have little impact on the preceding. Why leases for rooftop and side-mounted building antenna sites are more complicated, requiring special provisions, is then addressed. After covering more conventional lease terms, the program addresses the sale of cell leases and future leasing rights. This includes typical sale prices (often around 210 times monthly rents), when to sell and when not to sell, and how to get the best price and terms in a sale. An emphasis is avoiding sales terms which the presenters have seen destroy a property's value by preventing its normal use and development. For municipalities, the topic addresses additional key items in cell leases and lease sales that are unique to them. For all wireless landlords, the material covers such topics as lease term and terminations, access requirements, radio frequency interference, design and camouflage, and radio frequency-emissions safety. This topic is particularly important for commercial landlords, developers, and the like, who often own very attractive sites for cell leases, but are most at risk from poor lease or sales terms harming the value of the property with the lease.

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Current Issues in Cell Tower Leases

Agenda

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Current Issues in Cell Tower Leases

Faculty

John W. Pestle, Esq.

John W. Pestle, Esq.

Varnum LLP

  • Chair of the Telecommunications Group at Varnum LLP law firm
  • For 25 years has represented property owners on cell leases
  • Including helping clients sell over 100 cell leases
  • Graduate of Harvard, Yale, and Michigan Law School
  • Can be contacted at 616-336-6725 or [email protected]
Jonathan L. Kramer, Esq.

Jonathan L. Kramer, Esq.

Telecom Law Firm, P.C.

  • Senior partner at Telecom Law Firm, P.C. with offices in Los Angeles and San Diego
  • Attorney admitted in California and New Mexico
  • Wireless leasing and zoning experience for more than 20 years
  • Radio frequency telecom engineer for more than 35 years
  • Doctor of Law and Policy, Northeastern University
  • Can be contacted at 310-312-9900, ext. 121 or [email protected]
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Current Issues in Cell Tower Leases

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