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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.

Get answers to the two most frequent cell lease questions: What is the going rental rate for cell leases -- particularly the thousands of leases coming up for renewal? Why 5G cell service is not affecting rents or sales prices, and what terms should you avoid in your cell tower lease that harm property values and the future use of the property? This program 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. It 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. The program will help property owners and attorneys, who only occasionally deal with cell leases, better negotiate with wireless industry personnel who work on leases every day. It starts by covering key business issues in cell site leases, initial rents, average rents, and 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 antennas on buildings are more complicated, requiring special provisions. After covering more conventional lease terms, the program addresses the sale of cell leases and future leasing rights. This program includes typical sale prices (currently around 20 times annual rents), when to sell and when not to sell, and how to get the best price and terms in a sale. It emphasizes avoiding sales terms that the presenters have seen destroy property value by pre-venting 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 terms 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 attractive sites for cell leases but are most at risk from a poor lease or sales terms harming the value of the property with the lease.

Learning Objectives

  • You will be able to discuss entering or renewing a cell tower lease.
  • You will be able to explain selling a cell tower lease.
  • You will be able to review state and local government issues.
  • You will be able to discuss drafting and counseling issues.

118 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 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 Into or Renewing a Cell Tower Lease

  • Basics of New Cell Site Lease Rents and Terms
  • Impact on Rents by 5G Cell Service
  • Increasing Rents at Lease Renewal - Industry Averages
  • Location of Leased Area, Access, and Utility Easements
  • Final Survey, Engineering Drawings Needed Before Signing
  • Changes and Modifications to Lease, Leased Area, Site Design and Camouflage
  • Avoiding Lease Terms Which Harm Property Use, Future Development
  • Relocation Provisions, Why This Is Critically Important
  • Utility Service and Property Tax Provisions
  • Insurance, Bankruptcy Protections, and Other Lease Terms
  • Rooftop Cell Antenna Leases Are More Complicated
  • Special Lease Terms Needed

Selling a Cell Tower Lease

  • 2024 Sales Prices - Around 20 Times Annual Rents
  • Using Bid Process to Get Best Price and Terms in Final Sale Documents
  • When Cell Lease Sales Make Sense and When They Don'T
  • If Selling Property With a Cell Lease - Sell or Retain the Cell Lease First
  • If Buying Property With a Cell Lease - Common Pitfalls to Avoid
  • Avoiding Terms That Harm Property Values, Limit Future Property Development
  • If Property Is Mortgaged, Issues With Bank Consent
  • How Long a Lease Sale Takes, Start to Finish
  • Why Rooftop Antenna Lease Sales Are More Complicated, Need Special Terms

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
  • Signing Bonuses to Offset Owner's Legal Fees and Transactional Fees

Question and Answers

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Why Lorman?

Over 37 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

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, 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 May 2, 2024.

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

  • 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 2.4
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 2.4 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).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • 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.
     
  • IN CLE 2.0
     
  • This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 2.0 hours of Distance Education credit.
     
  • MO CLE 2.3
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • MS CLE 2.0
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 2.0 credit hours.
     
  • ND CLE 1.75
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.75 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: 117 Minutes.
     
  • NM CLE 1.9
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.9 hours of credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • 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.
     
  • OR CLE 1.5
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • 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.
     
  • TN CLE 1.95
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.95 hours of credit.
     
  • 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 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WI CLE 2.0
     
  • This program qualifies for 2.0 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.
     
  • AK ENG 1.5
     
  • AL ENG
     
  • AR ENG
     
  • FL ENG 2.3
     
  • GA ENG
     
  • IA ENG
     
  • ID ENG 2.0
     
  • IL ENG 2.0
     
  • IN ENG 2.3
     
  • KS ENG 2.0
     
  • KY ENG 1.9
     
  • LA ENG
     
  • MD ENG 1.5
     
  • ME ENG 1.5
     
  • MN ENG 2.0
     
  • MO ENG 2.0
     
  • MS ENG
     
  • MT ENG 1.5
     
  • NC ENG 2.0
     
  • ND ENG 2.0
     
  • NE ENG
     
  • NH ENG 1.5
     
  • NJ ENG 1.0
     
  • NM ENG 2.0
     
  • NV ENG 1.5
     
  • OH ENG
     
  • OK ENG
     
  • OR ENG
     
  • PA ENG 1.9
     
  • SC ENG 1.5
     
  • SD ENG
     
  • TN ENG
     
  • TX ENG
     
  • UT ENG
     
  • VA ENG 2.0
     
  • VT ENG
     
  • WI ENG 2.0
     
  • WV ENG 1.5
     
  • WY ENG 2.3
     
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.

MP3 Download

  • AK CLE 1.75
     
  • Arizona CLE 1.75
     
  • CA MCLE 1.75
     
  • CT CLE 1.5
     
  • HI CLE 1.75
     
  • MO CLE 2.3
     
  • NJ CLE 2.3
     
  • NM CLE 1.9
     
  • NY CLE 2.0 including Areas of Professional Practice 1.5
     
  • OR CLE 1.5
     
  • VT CLE 1.75
     
  • WV MCLE 1.8
     
  • WY CLE 1.5
     
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.

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Why Lorman?

Over 37 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.: Offices in Los Angeles, San Di ego, and Boston
  • Attorney admitted in California and New Mexico
  • Wireless leasing and zoning experience for more than 25 years
  • Over 6,000 wireless projects (zoning, leasing, lease enforcement, lease sales)
  • Radio frequency/Broadband telecom engineer for more than 45 years
  • Doctor of Law and Policy, Northeastern University
  • Can be contacted at [email protected] or 310-312-9900, ext. 121
John W. Pestle, Esq.

John W. Pestle, Esq.

Varnum LLP

  • Chair of the Telecommunications Group at Varnum LLP law firm
  • Representing property owners nationwide on cell leases for 27 years
  • Helped clients sell over 100 cell leases
  • Graduate of Harvard, Yale, and Michigan Law School
  • Can be contacted at [email protected] or 616-336-6725
No photo available

Peter A. Schmidt

Varnum LLP

  • Partner at Varnum LLP and the chair of Varnum’s real estate practice team
  • Represents property owners nationwide on cell tower matters, including leases and sales of future leasing rights
  • Clients include real estate companies, municipalities, schools, churches, businesses, as well as individual landowners and trusts
  • Graduate of Albion College and the University of Wisconsin Law School
  • A Fellow in the American College of Mortgage Attorneys
  • Can be contacted at [email protected] or (616) 336-6411
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Why Lorman?

Over 37 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

All of your training, right here at Lorman.

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Product ID: 411287
Published 2024
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