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Current Issues in WiMax, 4G and LTE Leases

OnDemand Webinar (98 minutes)

High speed over the air broadband service for your mobile device, computer, home or office sometimes called WiMAX, 4G or LTE service is being rolled out across the country. For example, WiMAX is like Wi-Fi computer service, but covers an entire city or county. These new services will lead to more leases of land for communications towers because often (especially for WiMAX) an entire new set of antennas and some new towers will be required for the areas receiving the service, but some antennas will be put on existing cell towers. For many of these existing towers and the landowners who leased the land for them, WiMAX, 4G and LTE raise the issue of whether a lease amendment with increased rent is required to add the new antennas and facilities.

This OnDemand Webinar will focus on the unique aspects of WiMAX, 4G and LTE tower leases and zoning, and will help level the playing field by providing private, state and municipal wireless site owners with the expertise of two faculty members experienced in wireless leases and telecommunications matters. It will also touch on some of the other key business issues in wireless site leases, including lease rates and who gets the revenues from additional antennas or carriers being co-located at a site.

These services can have unique zoning issues which can translate into lease issues, due to differences between WiMAX, 4G and LTE providers as compared with wireless phone companies. In California and states with similar laws, required environmental reviews may have to consider the impact of the entire proposed wireless network. WiMAX, 4G and LTE companies may raise discrimination or other claims, such as claiming protection under federal cell tower zoning or telecommunications statutes, if their zoning or other results differ from those for conventional cell phone companies.

Learning Objectives

  • You will be able to recognize and understand some of the unique differences between WiMAX, 4G and LTE services, especially as they relate to leases of property for their antennas and facilities.
  • You will be able to describe zoning issues that can be unique to WiMAX and other antennas and potential resolutions.
  • You will be able to explain key concepts which should be in WiMAX, 4G and LTE leases, so as to protect the property owner.
  • You will be able to identify whether WiMAX, 4G and LTE antennas can be added to an existing tower under the current lease or whether a lease amendment and rent increase are appropriate.

Authors

John W. Pestle, Esq., Varnum LLP
Jonathan L. Kramer, Esq., Kramer Telecom Law Firm, P.C.

Agenda

What Are WiMAX, 4G and LTE Services - How Do They Differ From Traditional Wireless and WiFi?

Where Will These Services Be Provided in the Next Few Years and by Whom?

What Kinds of Towers Will Be Needed?

When Does the WiMAX, 4G or LTE Provider Have to Get a New Lease or Lease Amendment With Increased Rent to Put Its Antennas on an Existing Tower or Wireless Site?

Rent Amounts, Terms and Escalators for WiMAX, 4G and LTE

What Other Antennas and Towers Can Be Put on the WiMAX, 4G and LTE Site?

Who Gets the Revenues If Another Provider Adds Its Antenna to the Tower?

How to Address Potential Radio Interference From WiMAX, 4G and LTE

Identifying and Avoiding Camouflaged Lease Terms That Can Harm the Property Owner's Rights and Duties

Protecting the Owner If the Provider Sells or Goes Bankrupt

RF Safety Environmental Review of WiMAX, 4G and LTE Towers and Network

Preparing for Zoning Review and Issues for WiMAX, 4G and LTE Towers