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OnDemand Course

Current Issues in Cell Tower Leases

Understand the terms of your cell tower lease and avoid provisions which 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 which 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.

Runtime: 114 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Entering a Cell Tower Lease

  • Basics of Cell Lease Rents, Getting Rents From Additional Companies on the Tower
  • Increasing Rents at Lease Renewal
  • Location of Leased Area, Access and Utility Easements
  • Final Survey, Engineering Drawings Needed Before Signing
  • Changes and Modifications to Lease, Leased Area
  • Identifying, Avoiding Terms Which Harm the Normal Use of the Property
  • Utility Service and Backup Power Supplies
  • Relocation and Right of First Refusal
  • Insurance, Bankruptcy Protections and Other Key Lease Terms
  • Rooftop Cell Antenna Leases Very Complicated, Special Lease Terms Needed
  • How 5G Deployments and Industry Consolidation Affect Leases
  • Maintaining the Visual Appearance and Structural Integrity of the Building

Selling a Cell Lease

  • Typical Sales Prices - Using Bid Process to Get the Best Price, Often 200 X Rent
  • When Cell Lease Sales Make Sense, and When They Don't
  • Selling Property With a Cell Lease - Sell or Retain the Cell Lease First
  • Avoiding Terms That Harm Property Values, Limit Future Property Development
  • Length of Time for a Sale, Start to Finish
  • Lease Terms That Impair or Prevent a Sale
  • Rooftop Antenna Lease Sales More Complicated, Special Terms Needed
  • Addressing One-Sided Sales Documents
  • Buyer Compliance With Building, Safety Codes

State and Local Government Issues

  • Bond Counsel Approval Often Needed
  • Dillon's Rule, Governmental Authority for a Sale
  • Property Specific Restrictions, Reverters
  • Procurement, Waste Issues

Drafting and Counseling Issues

  • Business Pros and Cons
  • Visualizing the Deal (Ground Level Sites; Rooftop Building Sites)
  • Getting Multiple Offers via an RFP Process
  • Reimbursement of Property Owner's Legal Fees and Other Transactional Fees
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

MP3 Download

  • AK CLE 1.75
     
  • Arizona CLE 1.75
     
  • CA MCLE 1.75
     
  • CT CLE 1.5
     
  • HI CLE 1.75
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • NJ CLE 2.3
     
  • NM CLE 1.9
     
  • NY CLE 2.0 including Areas of Professional Practice 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.75
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on November 12, 2020.

Call 1-866-352-9540 for further credit information.

  • AICP 1.75 including Law 1.5
     
  • This course has been approved by the American Planning Association for 1.8 hours of CM credit for AICP members. Additionally, this course has been approved for 1.5 hours of Law Credit.
     
  • AK CLE 1.75
     
  • Alaska attorneys may receive 1.75 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.9
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.9 hours credit.
     
  • AR CLE 1.75
     
  • This course has been approved for 1.75 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.75
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.75 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.75
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.75 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.75
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.75 CLE credit hours.
     
  • IL CLE 1.75
     
  • This course was approved for a total of 1.75 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MO CLE 1.8
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • ND CLE 2.0
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 2.0 hours of CLE credit.
     
  • NH MCLE 1.9
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 114 Minutes.
     
  • NJ CLE 2.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.3 hours of total CLE credit.
     
  • NM CLE 1.9
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.9 hours of credit.
     
  • NY CLE 2.0 including Areas of Professional Practice 2
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 2.0 credit hours in the area(s) of Areas of Professional Practice for 2.00 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 2.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 2.0 hours of CLE credit.
     
  • UT CLE 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
     
  • VT CLE 1.75
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.75 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

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]ecomLawFirm.com
John W. Pestle, Esq.

John W. Pestle, Esq.

Varnum LLP

  • Chair of the Telecommunications Group at Varnum LLP law firm
  • For 24 years he has represented property owners on cell leases
  • Including helping clients sell around 100 cell leases
  • Graduate of Harvard, Yale and Michigan Law School
  • Can be contacted at 616-336-6725 or [email protected]
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

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  • State Specific Credit Tracker
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* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 408096
Published 2020
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