Rooftop Antenna Lease
Cellular telephone carriers are in a rush to construct antenna towers, on which signal reception and transmission devices are located, for the purpose of extending the range of their networks and/or improving signal strength within service areas. These towers are often located on private property by means of a lease agreement with the property owner. In particular, high-rise buildings present an attractive location for cell tower siting, provided that there is unused space on the rooftop and from there a clear line of sight in all directions. The Rooftop Antenna Lease is an agreement by which the building owner allows the cell phone carrier to install and operate facilities on the rooftop in exchange for a monthly rental amount. Such a lease (or leases with multiple carriers) can function as a valuable source of ongoing revenue for the property owner or homeowners' association, provided that it contains adequate legal protections for the lessor.
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In wake of the FCC’s Notice of Inquiry called Improving Competitive Broadband Access to Multiple Tenant Environments, competitive access to multi-tenant properties is again a burning public policy issue. We intend to summarize the controversy in a series of blog entries in the coming weeks.
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Question of the Day
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A bulk service agreement differs from a non-bulk or “retail” agreement (also known as an “access agreement” or a “right of entry agreement”) in that under the former it is the property owner (or, in the case of a condominium or other common interest development, the homeowners’ association (“HOA”)) – and not the individual subscribing resident – that receives and pays the monthly invoice from the service provider.
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