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Current Issues in Cell Tower Leases - Webinar (Recorded)

  • Webinar

  • 90 Minutes
  • May 2025
  • Lorman Business Center, Inc.
  • ID: 5767906

Get clear, current answers to top cell lease questions - rents, 5G impacts, renewals, sales, and more!

This program provides an excellent overview of the basics of cell tower leases; lease renewals; and lease sales. It is taught by two faculty members with decades of experience representing private and government cell site landlords, who share their experiences helping property owners and local counsel (who only occasionally deal with cell leases) better negotiate with wireless industry personnel who work on leases every day. Key business terms and 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 5G service upgrades are covered, as well as why cell site leases on buildings are more complicated, requiring special provisions. After covering more conventional lease terms, the faculty will discuss cell lease sales and future leasing rights, including typical sale issues; 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. For governments and local agencies, the topic addresses additional key items in cell leases and lease sales that are unique to them. For all current and future wireless landlords, the program covers topics including lease terms and terminations; access requirements; radio frequency interference; design and camouflage; and radio frequency emissions safety. These topics are 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. Historically, the extensive Q&A session raises issues of interest to all participants.

Learning Objectives

  • You will be able to review the basics of new cell site lease rents and terms.
  • You will be able to discuss considerations surrounding selling a cell tower lease.
  • You will be able to identify informaiton for state and local governments.
  • You will be able to explain what you need to consider with drafting and counseling issues.

Agenda

Entering Into, Modifying, 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 - How It’s Done
  • Location of Leased Area, Access, and Utility Easements
  • Final Survey, Engineering Drawings Needed Before Signing
  • Changes and Modifications to Lease; the Leased Area; the Site Design; and Uses
  • Avoiding Lease Terms Which Harm Property Use, Future Development, and Value
  • Relocation Provisions, a Critically Important Element
  • Utility Service and Property Tax Provisions
  • Insurance, Bankruptcy Protections, and Other Key Lease Terms
  • Rooftop Cell Site Leases Are More Complicated
  • Subordination and Non-Disturbance Agreement Pitfalls
Selling a Cell Tower Lease
  • 2025 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 - Huge Pitfalls to Know and Avoid
  • Terms That Harm Property Values, Limit Future Property Development
  • Mortgaged Property With a Pending Cell Lease Sale: Issues With Bank Consent
  • How Long a Lease Sale Takes, Start to Due Diligence to Finish
  • Rooftop Antenna Lease Sales Are Much More Complicated, Need Special Terms
For States and Local Governments
  • Bond Counsel Approval Often Needed
  • Dillon’s Rule, Governmental Authority for a Sale
  • Property Specific Restrictions, Reverters
  • Procurement, Waste Issues
  • Protecting Against Personal Liability
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

Speaker(s)

Jonathan L. Kramer, Esq.
Dr. Jonathan L. Kramer, Esq.
  • Senior partner at Telecom Law Firm, P.C.: Offices in Los Angeles and San Diego
  • Attorney admitted in California and New Mexico
  • Wireless leasing and zoning experience for more than 30 years
  • Over 7,000 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
  • LL.M Telecom and Information Technology, Strathclyde University
Peter A. Schmidt
Varnum LLP
  • Partner at Varnum LLP and the chair of Varnum’s real estate practice team
  • Over 15 years of experience in complex commercial real estate and development transactions
  • Represents property owners on cell tower leases, including complex sales of cell leases and future leasing rights
  • Member of Building Owners and Managers Association and International Council of Shopping Centers
  • Graduate of Albion College and the University of Wisconsin Law School
  • A Fellow in the American College of Mortgage Attorneys

Who Should Attend

This live webinar is designed for attorneys, planners, directors of development, project managers, government administrators, council and board members, land use officials, public works and utilities directors, municipal government officials, engineers, surveyors, and real estate professionals.
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