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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, June 8, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will prepare real estate counsel to negotiate and draft telecom “non-tower” leases and licenses that help minimize the likelihood of future legal disputes. The panel will examine common agreement provisions landlords and tenants frequently negotiate regarding this increasingly routine use of space and will analyze practical considerations associated with a non-tower telecom lease.

Faculty

Gregory H. Jaske
Attorney
Mintz Levin Cohn Ferris Glovsky & Popeo PC

Mr. Jaske’s primary focus is on the Real Estate and Construction Practices. He has significant broad-based experience counseling and guiding real estate developers, property owners, and lenders through all aspects of real estate and construction matters. This experience includes acquisitions, dispositions, joint ventures and structuring, leasing, lending, borrowing, development agreements, property management, due diligence, and confidentiality agreements. Mr. Jaske also routinely assists with the real estate components of a wide variety of M&A transactions.

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Bennett A. Givens
Attorney
Best Best & Krieger LLP

Mr. Givens handles a variety of regulatory and transactional real estate and land use matters related to the telecommunications industry. He counsels local governments to reach effective solutions to their legal and policy dilemmas. Mr. Givens has significant experience negotiating all manner of agreements and analyzing legislative actions that impact broadband networks and communities.

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Description

The explosive growth of the telecommunications marketplace and the need for high speed communications has created a demand for leasing space on existing tall structures such as building rooftops, water towers, parking garages, and stadium light stanchions. Telecom agreements are typically longer in duration, so landlords must understand and consider the impact they will have on their long range plans for the property.

Landlord concerns typically relate to the equipment--its description by the lessee, its location atop the building, its installation and removal, and the risk that the tenant will seek early termination of the lease. Telecom tenants are most concerned about their rights to terminate the lease if technological developments negatively impact the equipment's usefulness, authority to make equipment upgrades and modifications, and their right to remain in the designated location as long as it is profitable for them.

Most agreements are drafted by the telecom provider and hence are most advantageous to the tenant. While rooftop telecom agreements can be very profitable to the property owner, there are pitfalls inherent in these leases that counsel for landlords and tenants must consider in the negotiating process.

Listen as our authoritative panel discusses marketplace trends for non-tower telecom leasing. The panel will impart knowledge on negotiating and drafting telecom rooftop agreements that help minimize the likelihood of future legal disputes. The panel will examine lease provisions counsel to landlords and tenants should carefully negotiate during this rapidly expanding use of non-tower space.

Outline

  1. Current trends in non-tower telecom leasing
  2. Is a telecom lease the best use for my roof?
  3. Benefits and detriments of a rooftop telecom lease
  4. Deal structures
  5. Lease, license, or easement?
  6. Practical considerations in structuring a telecom lease
  7. Financing considerations
  8. Specific lease provisions
    • Location of the equipment on the roof
    • Description of the equipment
    • Installation and removal
    • Relocation
    • Upgrades, modifications, and expansions
    • Concealment techniques
    • Emergency back-up power sources
    • Host property maintenance and redevelopment language
    • Lease renewals
    • Subleasing, assignment rights, and right of first refusal
    • Utility easements, staging areas, and parking
    • Term
    • Bonds and other security
    • Casualty and condemnation
    • Insurance
    • Roof maintenance
    • End of term obligations
    • Termination rights
    • Indemnities
    • Sale of the host property
    • Access
    • Interference

Benefits

The panel will review these and other key issues:

  • Marketplace trends regarding non-tower telecom leasing
  • Impact of rooftop telecom leases on future development of the property
  • Lease termination rights and risk mitigation steps for landlords
  • Is a telecom lease the best use for my roof?
  • Lease, license, or easement?