Why should you engage an adviser to assist you with your cell tower lease negotiation? The answer is
simple from my experience: without a trained communications attorney assisting you, there is almost
always something missed in the cell tower lease.
Examples of issues that may be missed in the cell tower lease include:
- Are you a property developer that needs the ability to relocate the cell tower? Who pays?
- Are you a farmer that must have the ability to let your cattle graze near the tower?
- What happens if the communications company damages the roof of your building when it installs its antenna?
Our Cell Tower Team helps clients negotiate terms in their cell tower leases that address the matters
noted above, as well as a host of other situations specific to each property owner.
A common situation of where it’s helpful to have an attorney helping you negotiate your tower lease is
the interaction with the site acquisition consultants. Many site acquisition consultants only get paid if
the lease is actually signed. Many of those consultants will say things to you like: “it’s just a standard
lease, you should go ahead and sign it. There’s no need to slow this process down by having your
attorney look at the lease.”
Even if standard that does not mean there are not hidden ‘gotchas’ in the lease waiting for the
unsuspecting party. How do you find and evaluate the risks with any lease? You have to read the lease
– yes, the whole thing!
What happens if you sign a standard lease? Guess what: you are is now legally bound to those terms
How do you avoid getting locked into unsuspecting cell tower lease terms? It’s pretty simple: your
business must have an attorney on ‘your side’ and looking out for your best interests by reviewing the
proposed lease before it’s signed.
Many businesses and persons walk into unsuspecting traps by not reviewing cell tower leases before
they sign it. My perspective is that you should not sign any contract without first having your attorney
review the agreement to help you understand and evaluate the potential implications to you.