Cell Tower Leasing A-Z in the 5G Era
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Learn about cell tower leases, 5G's impact, and the sale of cell leases.The wireless industry has built more than 300,000 cell sites in the United States. But thousands more cell sites are needed as smart phones, network connected appliances, and the like strain existing network capacity, and future 5G service will require tens of thousands more cell sites, each serving small areas, to increase wireless broadband's reach and speed. At the same time, tower management companies and wireless carriers are offering to buy existing cell site leases and future leasing rights for large sums of money. This presentation by two faculty members highly experienced in cell tower leasing and sales will help property owners and attorneys who only infrequently deal with cell site leases negotiate with wireless industry personnel who work exclusively on these matters, with particular attention to issues unique to cities and other units of local government. The information will focus on key business issues in wireless site leases, including lease rates, who gets the revenues from additional antennas or carriers being co-located at a site, major rent increases for renewals, and avoiding lease terms which can severely restrict or prevent an owner's use or development of its own property or trigger a mortgage or bond default. We will discuss 5G service, why it will likely be rolled out slowly and its impact on current leases, address the sale of cell leases and future leasing rights, including typical sale prices; when to sell and when it is not advisable to sell; how to get the best price and terms in a sale; and avoiding provisions that unreasonably restrict the use or development of the underlying property. As a result, you will be better able to identify and resolve key issues unique to wireless leases and sales. For municipalities this includes what can be in a lease that cannot be included in a government issued permit. For all wireless landlords, this includes site location and value, options on selling a lease, lease term and terminations, access requirements, interference regulation and mitigation, design and camouflage, and radio frequency emissions issues.
AuthorsJohn W. Pestle, Esq., Varnum LLP Dr. Jonathan L. Kramer, Esq., Telecom Law Firm, P.C.
Basic Cell Lease Terms, 5G and Selling Cell Leases
• 5G - - What It Is, and Why It May Not Impact Lease Rates and Sale Prices
• Basics of Cell Lease Rents, Getting Increases From Additional Companies on Tower
• Increasing Rents at Lease Renewal or Even Between Renewals, and How to Avoid Giving Away Those Increases
• Key Lease Terms, Spotting and Avoiding Terms Which Limit or Prevent the Owner's Use and Development of the Rest of the Property
• Adding Provisions Which Aid Development of the Rest of the Property
• Why Leases for Cell Sites on Buildings Are More Complicated Than Leases for Stand-Alone Towers, What Different Lease Terms Are Needed
• Selling Your Cell Tower Leases and Future Leasing Rights - - Typical Sales Prices, When and When Not to Sell
• How to Get a Good Price for Your Lease, and Key Lease Sale Terms and Legal Considerations