AT&T focuses very intensely on the “Permitted Use” section of the lease. In some leases, Terabonne has spent a year with AT&T negotiating just this paragraph alone. To AT&T, this is a very important section of the lease because their federal contract with FirstNet requires AT&T to perform massive upgrades, capacity adds, and reliability improvements, and AT&T wants nothing in the lease to restrict their access to your property. The problem is, they don’t want to compensate landlords for it as their older leases did not require additional permission and compensation, and they want to retain that free-access right. We see the situation differently and remain firm and zealous in defending our clients’ positions. Your property has value and the more access they want, the more it should cost them.
This lease is so problematic in every aspect. In this one snippet, every paragraph is bad for the property owner. Yet, he comes to us after he has negotiated and signed an 80-year lease with AT&T’s cell tower developer, and now AT&T is charging him $500 a day because he uses his tractor the way he has always done for the past 40 years. Doing electrical wiring may appear to be easy, but unless you understand grounding, GFI, electrical codes designed to protect you and your property, you may never know anything is wrong once you install the sheetrock and wall plates. The same thing is true with decades-long cell tower leases. If you make a mistake, you must live with it for another 40 years. This is not an area you should experiment with. Retain the experts who will maximize your cell tower income and minimize your risks.
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A ROFR grants the tower owner the right to match an offer by some third party who makes an offer to purchase your lease that you accept.
Crown Castle, American Tower ATC, SBA Towers are the “Big Three” tower companies.
Attorneys retained by wireless carriers authorized to review legal terms but never allowed to negotiate financial nor technical terms of the lease because they lack the technincal skills.
A person who specializes in land use matters well knowledgeable in its jurisdictional requirements.
A person hired by the wireless carrier to contact property owners to discuss lease terms. This role has evolved to be landlord facing rather than lease negotiations.
Geographical areas depicted in a circle (ring) drawn by radio frequency (RF) engineers defining the areas requiring new cell towers and technical parameters surrounding such designs.
Companies who build towers and lease back to wireless carriers. These companies almost always receive Search Rings from wireless carriers defining where carriers need towers to be built.
Radio Frequency engineers who specialize in the radio wave propagation. These are the engineers to define cell tower locations.
Companies that purchase cell tower leases with the purpose of repackaging (aggregating) them in a larger portfolio and selling them for a profit at a later time.