About the Course
Introduction
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.
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.
Presented By
Mr. Friedberg is a partner in the Real Estate Transactions Practice Group at Haynes Boone's New York office. He brings more than 45 years of experience in commercial real estate law, advising clients on transactions both nationally and locally. Mr. Friedberg's background enables him to deliver practical solutions to complex issues in real estate deals. His practice includes structuring and implementing sale/leaseback transactions, ground leasing and overseeing the development and construction of data centers, distribution facilities, high-rise residential buildings, and shopping centers. Mr. Friedberg also focuses on acquisitions, sales, and financings of commercial properties, retail, office, and data center leasing, public-private partnerships for real estate development, and financial restructurings for developers and property owners. He has handled transactions ranging from single property deals to large-scale portfolios involving up to 1,400 properties. Mr. Friedberg also advises on matters at the intersection of real estate and communications law, including the acquisition, disposition, development, financing, and leasing of data centers, colocation facilities, broadcast antenna sites, distributed antenna systems, and broadband infrastructure.
Mr. Jaske advises real estate developers, property owners and investors in sophisticated real estate matters. He maintains a broad-based real estate practice that includes negotiating and structuring LLC and other joint ventures, acquisitions, purchase and sale agreements, development agreements, ground leasing and borrower-side financings. With extensive experience in New York City and nationwide, Mr. Jaske has guided clients through multimillion dollar joint venture agreements, representing both operators and investors in significant multifamily, commercial, and mixed-use properties and development projects. He also regularly counsels clients in telecommunications real estate matters, including data center development and leasing and rooftop facility leases, as well as tenant-side retail healthcare leasing. In addition, Mr. Jaske has substantial experience in commercial real estate financing matters, from loans to purchases of co-lending interests and loan participations totaling billions of dollars in loan originations.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, March 19, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Current trends in non-tower telecom leasing
II. Is a telecom lease the best use for my roof?
III. Benefits and detriments of a rooftop telecom lease
IV. Deal structures
V. Lease, license, or easement?
VI. Practical considerations in structuring a telecom lease
VII. Financing considerations
VIII. Specific lease provisions
A. Location of the equipment on the roof
B. Description of the equipment
C. Installation and removal
D. Relocation
E. Upgrades, modifications, and expansions
F. Concealment techniques
G. Emergency back-up power sources
H. Host property maintenance and redevelopment language
I. Lease renewals
J. Subleasing, assignment rights, and right of first refusal
K. Utility easements, staging areas, and parking
L. Term
M. Bonds and other security
N. Casualty and condemnation
O. Insurance
P. Roof maintenance
Q. End of term obligations
R. Termination rights
S. Indemnities
T. Sale of the host property
U. Access
V. Interference
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?
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